26B-8-501. Definitions.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/6/2026

As used in this part:

(1)"Committee" means the Health Data Committee created in Section 26B-1-413 .

(2)"Control number" means a number or other identifier that:

(a)is assigned by the department to identifiable health data;

(b)is consistent with the best practices of data privacy; and

(c)is used to ensure health data is not able to be readily associated with an individual when the health data is provided for research or statistical analysis.

(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.

(4)"Direct identifiers" means any of the following:

(a)name;

(b)address except for:

(i)a name of a city, town, or state; or

(ii)a ZIP Code;

(c)telephone or fax number;

(d)email address;

(e)URL or IP address;

(f)social security number;

(g)medical record number;

(h)health plan ID number;

(i)patient account number;

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

(k)a date of birth if the day, month, and year are included; or

(l)the exact date a health care service was provided to an individual unless the date is randomly shifted or otherwise perturbed in accordance with data protection practices.

(5)"Disclosure" or "disclose" means the communication of health care data to any individual or organization outside the division, division staff, and division contractors.

(6)"Division" means the Division of Data, Systems, and Evaluation within the department.

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

(b)In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department, in consultation with the committee, may by rule add, delete, or modify the list of facilities that come within this definition for purposes of this part.

(8)"Health care provider" means the same as that term is defined in Section 78B-3-403 .

(9)"Health data" means the same as that term is defined in Section 26B-8-401 .

(10)"Health maintenance organization" means the same as that term is defined in Section 31A-8-101 .

(11)"Identifiable health data" means the same as that term is defined in Section 26B-8-401 .

(12)"Local health department" means the same as that term is defined in Section 26A-1-102 .

(13)"Local mental health authority" means an entity described in Section 17-77-301 .

(14)"Local substance abuse authority" means an entity described in Section 17-77-201 .

(15)"Organization" means any corporation, association, partnership, agency, department, unit, or other legally constituted institution or entity, or part thereof.

(16)"Research and statistical analysis" means activities using health data analysis including:

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

(b)analyzing the noncompliance among the various characteristics of individuals or organizations;

(c)conducting statistical procedures or studies to improve the quality of health data;

(d)designing sample surveys and selecting samples of individuals or organizations; and

(e)preparing and publishing reports describing these matters.

(17)"Self-funded employer" means an employer who provides for the payment of health care services for employees directly from the employer's funds, thereby assuming the financial risks rather than passing them on to an outside insurer through premium payments.

(18)"Third party payor" means:

(a)an insurer offering a health benefit plan, as defined by Section 31A-1-301 , to at least 2,500 enrollees in the state;

(b)a nonprofit health service insurance corporation licensed under Title 31A, Chapter 7, Nonprofit Health Service Insurance Corporations;

(c)a program funded or administered by 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; and

(d)a corporation, organization, association, entity, or person:

(i)which administers or offers a health benefit plan to at least 2,500 enrollees in the state; and

(ii)which is required by administrative rule adopted by the department in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to supply health data to the department.

Amended by Chapter 74 , 2026 General Session