DAR File No. 39817

Health, Center for Health Data, Vital Records and Statistics

Rule R436-13

Disclosure of Records

Notice of Proposed Rule

(Amendment)

DAR File No.: 39817
Filed: 10/09/2015 09:00:39 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The legislature passed H.B. 25 during the 2012 General Session. H.B. 25 amended Subsection 26-1-30(30) to authorize the Utah Department of Health to establish methods for disclosure of vital records data for purposes specified in Subsection 26-1-30(30). This rule filing establishes these methods and removes an unnecessary subsection.

Summary of the rule or change:

A subsection is removed because it is unnecessary and it creates confusion. Subsection 26-2-22(3)(b) adequately defines what is meant by a designated legal representative. Section R436-13-2 is added to establish methods for health care providers, public health entities, and health care insurers to coordinate among themselves to verify the identity of individuals they serve.

State statutory or constitutional authorization for this rule:

• Title 26, Chapter 1

Anticipated cost or savings to:

the state budget:

UDOH does not currently disclose vital records data under circumstances specified in H.B. 25 (2012) because there are not established methods for such disclosure specified in rule. After establishing these methods in this rule filing, UDOH will likely experience an increase in workload. The increased workload will come as it begins to respond to requests from health care providers, public health entities, and health care insurers to use UDOH death data to verify the identity of individuals that these entities serve. UDOH will charge a $500 death notification subscription fee for organizations with lists including less than or equal to 100,000 records and a $1,000 fee for lists including over 100,000 records. Entities using this service will be charged $1 per matched death record. UDOH is unable to estimate the number of new data requests prompted by this rule amendment; however, the revenue generated for this service is anticipated to cover the cost of the increased workload.

local governments:

The proposed amendments only apply to health care providers, public health entities, and health care insurers. As a result, the proposed amendments do not apply to local governments.

small businesses:

The proposed rule amendment may have cost saving impact on health care providers and insurers that are small businesses that choose to request data from UDOH. Cost savings may be experienced when these small businesses use UDOH data to help verify the identity of individuals they serve. UDOH is unable to estimate the extent of cost savings to these small businesses.

persons other than small businesses, businesses, or local governmental entities:

The proposed amendments may have cost saving impact on health care providers, public health entities, and health care insurers that are not small businesses. Cost savings may be experienced when these entities use UDOH data to help verify the identity of individuals they serve. UDOH is unable to estimate the extent of cost savings to these entities.

Compliance costs for affected persons:

The proposed amendments may have cost saving impact on individual health care providers, public health entities, and health care insurers. Cost savings may be experienced when these entities use UDOH data to help verify the identity of individuals they serve. UDOH is unable to estimate the extent of cost savings to these entities.

Comments by the department head on the fiscal impact the rule may have on businesses:

The proposed rule amendment may have cost saving impact on health care providers and insurers that are small businesses that choose to request data from UDOH but UDOH is unable to estimate the extent of cost savings to these small businesses.

Jospeh Miner, MD, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Health
Center for Health Data, Vital Records and Statistics
CANNON HEALTH BLDG
288 N 1460 W
SALT LAKE CITY, UT 84116-3231

Direct questions regarding this rule to:

• Richard Oborn at the above address, by phone at 801-538-6262, by FAX at 801-538-7012, or by Internet E-mail at roborn@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

12/01/2015

This rule may become effective on:

12/08/2015

Authorized by:

Joseph Miner, Executive Director

R436. Health, Center for Health Data, Vital Records and Statistics.

R436-13. Disclosure of Records.

R436-13-1. Integrity of Vital Records.

To protect the integrity of vital records:

(1) The State Registrar and other custodians of vital records shall not permit inspection of, or disclose information contained in vital statistics records, or copy or issue a copy of all or part of any such record, unless the applicant has a direct and tangible interest in such record. In addition to the definition of direct, tangible, and legitimate interest as defined in Section 26-2-22, those who may or may not have a direct and tangible interest are as follows:

(a) The registrant, a member of the immediate family, the guardian, or a designated legal representative shall be considered to have a direct and tangible interest. Others may demonstrate a direct and tangible interest when information is needed for determination or protection of a personal or property right.

[(b) The term "legal representative" shall include an attorney, physician, funeral director, or other authorized agent acting in behalf of the registrant or family.

] ([c]b) The natural parents of adopted children, when neither has custody, shall not be considered to have a direct and tangible interest.

([d]c) Commercial firms or agencies requesting listings of names and addresses shall not be considered to have a direct and tangible interest.

(2) The State Registrar or the local custodian may provide copies of certificates or disclose data from vital statistics records to federal, state, county, or municipal agencies of government requesting such data in the conduct of their official duties. Certificate copies or individual identifiable information may not be given by the receiving government agency to other agencies or individuals, or used for purposes not authorized at the time of the request.

(3) The State Registrar or local custodian shall not issue a certified copy of a record until a signed application has been received from the applicant. In emergencies, telephone requests may be accepted with documentation as to the identity of the person making the telephone request. Whenever it is determined necessary to establish an applicant's right to information from a vital record, the State Registrar or local custodian may also require identification of the applicant or a sworn statement.

(4) Nothing in this rule shall be construed to permit disclosure of information contained in the "Information for Medical and Health Use Only" section of the birth and fetal death certificates or the "Information for Statistical Purposes Only" section of the Certificate of Marriage or Certificate of Divorce, Dissolution of Marriage, or Annulment unless specifically authorized by the State Registrar for statistical or research purposes or if authorized by a court of competent jurisdiction.

 

R436-13-2. Identity Verification of Individuals Receiving Health Care Services.

In accordance with Subsection 26-1-30 (30), the State Registrar may disclose information contained in vital records to health care providers, public health authorities, and health care insurers, including a qualified network as defined in Section 26-1-37(1), for the purpose of coordinating among themselves to verify the identity of the individuals they serve. This authority includes the provision of computerized matching methods to:

(1) distinguish living from deceased individuals who have received health care services; and

(2) disambiguate individual identities.

 

KEY: vital statistics, copying processes, standards

Date of Enactment or Last Substantive Amendment: [1993]2015

Notice of Continuation: March 21, 2013

Authorizing, and Implemented or Interpreted Law: 26-2-22