LegalFix

Section 109 - Exceptions to prohibition on disclosure of identifiable health data.

UT Code § 26-33a-109 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

(1) The committee may not disclose any identifiable health data unless: (a) the individual has authorized the disclosure; or (b) the disclosure complies with the provisions of: (i) this section; (ii) insurance enrollment and coordination of benefits under Subsection 26-33a-106.1(1)(d); or (iii) risk adjusting under Subsection 26-33a-106.1(1)(b).

(a) the individual has authorized the disclosure; or

(b) the disclosure complies with the provisions of: (i) this section; (ii) insurance enrollment and coordination of benefits under Subsection 26-33a-106.1(1)(d); or (iii) risk adjusting under Subsection 26-33a-106.1(1)(b).

(i) this section;

(ii) insurance enrollment and coordination of benefits under Subsection 26-33a-106.1(1)(d); or

(iii) risk adjusting under Subsection 26-33a-106.1(1)(b).

(2) The committee shall consider the following when responding to a request for disclosure of information that may include identifiable health data: (a) whether the request comes from a person after that person has received approval to do the specific research and statistical work from an institutional review board; and (b) whether the requesting entity complies with the provisions of Subsection (3).

(a) whether the request comes from a person after that person has received approval to do the specific research and statistical work from an institutional review board; and

(b) whether the requesting entity complies with the provisions of Subsection (3).

(3) A request for disclosure of information that may include identifiable health data shall: (a) be for a specified period; or (b) be solely for bona fide research and statistical purposes as determined in accordance with administrative rules adopted by the department in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act , which shall require: (i) the requesting entity to demonstrate to the department that the data is required for the research and statistical purposes proposed by the requesting entity; and (ii) the requesting entity to enter into a written agreement satisfactory to the department to protect the data in accordance with this chapter or other applicable law.

(a) be for a specified period; or

(b) be solely for bona fide research and statistical purposes as determined in accordance with administrative rules adopted by the department in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act , which shall require: (i) the requesting entity to demonstrate to the department that the data is required for the research and statistical purposes proposed by the requesting entity; and (ii) the requesting entity to enter into a written agreement satisfactory to the department to protect the data in accordance with this chapter or other applicable law.

(i) the requesting entity to demonstrate to the department that the data is required for the research and statistical purposes proposed by the requesting entity; and

(ii) the requesting entity to enter into a written agreement satisfactory to the department to protect the data in accordance with this chapter or other applicable law.

(4) A person accessing identifiable health data pursuant to Subsection (3) may not further disclose the identifiable health data: (a) without prior approval of the department; and (b) unless the identifiable health data is disclosed or identified by control number only.

(a) without prior approval of the department; and

(b) unless the identifiable health data is disclosed or identified by control number only.

LegalFix

Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.

LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.

The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.

You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.

The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.

Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.

We have updated our Terms of Service, Privacy Policy, and Disclosures. By continuing to browse this site, you agree to our Terms of Service, Privacy Policy, and Disclosures.
Section 109 - Exceptions to prohibition on disclosure of identifiable health data.