HB 199 — Health Data Amendments

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Health Data Amendments GENERAL SESSION STATE OF UTAH Chief Sponsor:

3Kirk LONGA. TITLE General Description:

Cullimore 3 LONG TITLE General Description:

H ▸ enacts provisions related to data security and privacy;

B ▸ extends the repeal date for the department's health data authority;

1 ▸ creates a repeal date for the Health Data Committee;

and 9 HB0199 compared with HB0199S01 ▸ makes technical and conforming changes.

26B-8-501 (Effective 05/06/26) (Repealed 07/01/26), as last amended by Laws of Utah 2024, Chapter 277 26B-8-501.1H.B. (Effective 05/06/26) (Repealed 07/01/26), as enacted by Laws of Utah 2024, Chapter 26B-8-504 (Effective 05/06/26) (Repealed 07/01/26), as last amended by Laws of Utah 2024, Chapters 250, 277 26B-8-507 (Effective 05/06/26) (Repealed 07/01/26), as last amended by Laws of Utah 2024, Chapter 277 26B-8-508 (Effective 05/06/26) (Repealed 07/01/26), as last amended by Laws of Utah 2024, Chapter 277 63I-1-226 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapters 47, 277 and 366 Be it enacted by the Legislature of the state of Utah:

199 Enrolled Copy 26B-8-501.1 (Effective 05/06/26) (Repealed 07/01/26), as enacted by Laws of Utah 2024, Chapter 277 26B-8-504 (Effective 05/06/26) (Repealed 07/01/26), as last amended by Laws of Utah 2024, Chapters 250, 277 26B-8-507 (Effective 05/06/26) (Repealed 07/01/26), as last amended by Laws of Utah 2024, Chapter 277 26B-8-508 (Effective 05/06/26) (Repealed 07/01/26), as last amended by Laws of Utah 2024, Chapter 277 63I-1-226 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapters 47, 277 and 366 Be it enacted by the Legislature of the state of Utah:

26B-8-501.26B-8-501 (Effective 05/06/26) (Repealed 07/01/26).

- 2 - HB0199 compared with HB0199S01 (3) "Data supplier" means a health care facility, health care provider, self-funded employer, third-party payor, health maintenance organization, or government department which could reasonably be expected to provide health data under this part.

(h)- health2 plan- IDEnrolled number;Copy H.B.

{or}199 (i)(h) patienthealth accountplan number{.}ID ;number;

{[(4)](i) (5)}patient theaccount diagnosisnumber; code of a rare condition or disease that affects less than 200,000 people in the United States;

(j) the diagnosis code of a rare condition or disease that affects less than 200,000 people in the United States;

[(4)] (5) "Disclosure" or "disclose" means the communication of health care data to any individual or organization outside the [department] division, [its ] division staff, and [contracting[ contracting agencies] division contractors.

[(5)] (7)(7)(a) (a) "Health care facility" means a facility that is licensed by the department under Chapter 2, Part 2, Health Care Facility Licensing and Inspection.

- 3 - HB0199 compared with HB0199S01 [(7)] (9) "Health data" means [information relating to the health status of individuals, health services delivered, the availability of health manpower and facilities, and the use and costs of resources and services to the consumer, except vital records as defined in Section 26B-8-101 shall be excluded] the same as that term is defined in Section 26B-8-401.

(a)- describing3 the- groupH.B. characteristics of individuals or organizations;

199 Enrolled Copy (a) describing the group characteristics of individuals or organizations;

- 4 - HB0199 compared with HB0199S01 (c) a program funded or administered by [Utah] the state for the provision of health care services, including the Medicaid and medical assistance programs described in Chapter 3, Part 1, Health Care Assistance;

26B-8-501.1.26B-8-501.1 (Effective 05/06/26) (Repealed 07/01/26).

[(a) in consultation with the committee and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, develop and adopt by rule, following public hearing and comment, a health data plan that shall among its elements:] [(i) identify the key health care issues, questions, and problems amenable to resolution or improvement through better data, more extensive or careful analysis, or- improved4 dissemination- ofEnrolled healthCopy data;]H.B. [(ii) document existing health data activities in the state to collect, organize, or make available types of data pertinent to the needs identified in Subsection (1)(a)(i);] [(iii) describe and prioritize the actions suitable for the department to take in response to the needs identified in Subsection (1)(a)(i) in order to obtain or to facilitate the obtaining of needed data, and to encourage improvements in existing data collection, interpretation, and reporting activities, and indicate how those actions relate to the activities identified under Subsection (1)(a)(ii);] [(iv) detail the types of data needed for the department's work, the intended data suppliers, and the form in which such data are to be supplied, noting the consideration given to the potential alternative sources and forms of such data and to the estimated cost to the individual suppliers as well as to the department of acquiring the data in the proposed manner and reasonably demonstrate that the department has attempted to maximize cost-effectiveness in the data acquisition approaches selected;] [(v) describe the types and methods of validation to be performed to assure data validity and reliability;] [(vi) explain the intended uses of and expected benefits to be derived from the data specified in Subsection (1)(a)(iv), including the contemplated tabulation formats and analysis methods;

199 or improved dissemination of health data;] [(ii) document existing health data activities in the benefitsstate describedto shallcollect, demonstrablyorganize, relateor make available types of data pertinent to onethe needs identified in Subsection (1)(a)(i);] [(iii) describe and prioritize the actions suitable for the department to take in response to the needs identified in Subsection (1)(a)(i) in order to obtain or moreto facilitate the obtaining of needed data, and to encourage improvements in existing data collection, interpretation, and reporting activities, and indicate how those actions relate to the following:]activities -identified 5under -Subsection HB0199(1)(a)(ii);] compared[(iv) withdetail HB0199S01the [(A)types promotingof qualitydata healthneeded care;]for [(B)the managingdepartment's healthwork, carethe costs;intended data suppliers, and the form in which such data are to be supplied, noting the consideration given to the potential alternative sources and forms of such data and to the estimated cost to the individual suppliers as well as to the department of acquiring the data in the proposed manner and reasonably demonstrate that the department has attempted to maximize cost-effectiveness in the data acquisition approaches selected;] [(v) describe the types and methods of validation to be performed to assure data validity and reliability;] [(vi) explain the intended uses of and expected benefits to be derived from the data specified in Subsection (1)(a)(iv), including the contemplated tabulation formats and analysis methods;

the benefits described shall demonstrably relate to one or more of the following:] [(A) promoting quality health care;] [(B) managing health care costs;

(A) identifies the key health care issues, questions, and problems that can be addressed or improved with better data, more thorough analysis, or improved access- to5 data;- H.B.

199 Enrolled Copy access to data;

and - 6 - HB0199 compared with HB0199S01 (D) describes actions or efforts used to prevent individual reidentification.reidentification;

(c) { Ĥ→ {} {[} {and} have the authority to collect, validate, analyze, and present health data in accordance with {]}[the] {}a {plan ←Ĥ } {(C)} {explains the intended uses of the data, including analytic approaches and expected benefits of the data related to purposes described in Subsection (1)(g);}{ Ĥ→ } {} { and} 176b {(D)} {describes actions or efforts used to prevent individual reidentification;}{} { ←Ĥ } {(b)} {publish the plans described in Subsection (1)(a) on the department's website;} {(c)} [{have the authority to collect, validate, analyze, and present health data in accordance with } the] a{[{the} plan]} {a} described in Subsection (1)(a){ plan} while protecting individual privacy through{through: described in Subsection (1)(a)} :

(i) {while protecting individual privacy through } the use of the best practices of data privacy;

Part 160 and 45 C.F.R.

[(c)] (d) {[(c)] (d)} evaluate existing identification coding methods and, if necessary, require by rule adopted in accordance with Subsection (2), that health data suppliers use a uniform system for identification of patients, health care facilities, and health care providers on- health6 data- theyEnrolled submitCopy underH.B. this [section and Chapter 8, Part 5, Utah Health Data Authority] part;[ and] [(d)] (e) advise, consult, contract, and cooperate with any [corporation, association, or other entity] organization for the collection, analysis, processing, or reporting of health data[.] ;