Terms Used In Utah Code > Title 26B > Chapter 8 > Part 5 - Utah Health Data Authority

• Adjudicative proceeding: means :
       (2)(a) an action by a board, commission, department, officer, or other administrative unit of the state that determines the legal rights, duties, privileges, immunities, or other legal interests of one or more identifiable persons, including an action to grant, deny, revoke, suspend, modify, annul, withdraw, or amend an authority, right, or license; and
       (2)(b) judicial review of an action described in Subsection (2)(a). See Utah Code 68-3-12.5
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Committee: means the Health Data Committee created in Section 26B-1-413. See Utah Code 26B-8-501
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract: A legal written agreement that becomes binding when signed.
• Control number: means a number or other identifier that:
       (2)(a) is assigned by the department to an individual's health data;
       (2)(b) is consistent with the best practices of data privacy; and
       (2)(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. See Utah Code 26B-8-501
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Court reporter: A person who makes a word-for-word record of what is said in court and produces a transcript of the proceedings upon request.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• 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. See Utah Code 26B-8-501
• Department: means the Department of Commerce. See Utah Code 58-1-102
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• Director: means the director of the Division of Professional Licensing. See Utah Code 58-1-102
• disclose: means the communication of health care data to any individual or organization outside the department, its staff, and contracting agencies. See Utah Code 26B-8-501
• Division: means the Division of Professional Licensing created in Section 58-1-103. See Utah Code 58-1-102
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Executive director: means the executive director of the department appointed under Section 26B-1-203. See Utah Code 26B-1-102
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• Health care facility: means a facility that is licensed by the department under Chapter 2, Part 2, Health Care Facility Licensing and Inspection. See Utah Code 26B-8-501
• Health care provider: means the same as that term is defined in Section 78B-3-403. See Utah Code 26B-8-501
• 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. See Utah Code 26B-8-501
• Health maintenance organization: means the same as that term is defined in Section 31A-8-101. See Utah Code 26B-8-501
• Identifiable health data: means any item, collection, or grouping of health data that makes the individual supplying or described in the health data identifiable. See Utah Code 26B-8-501
• Injection therapy: includes using ultrasound guidance to ensure that an injection is only a subcutaneous injection or an intramuscular injection. See Utah Code 58-72-102
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Licensee: includes any holder of a license, certificate, registration, permit, student card, or apprentice card authorized under this title. See Utah Code 58-1-102
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Organization: means any corporation, association, partnership, agency, department, unit, or other legally constituted institution or entity, or part thereof. See Utah Code 26B-8-501
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means :
       (24)(a) an individual;
       (24)(b) an association;
       (24)(c) an institution;
       (24)(d) a corporation;
       (24)(e) a company;
       (24)(f) a trust;
       (24)(g) a limited liability company;
       (24)(h) a partnership;
       (24)(i) a political subdivision;
       (24)(j) a government office, department, division, bureau, or other body of government; and
       (24)(k) any other organization or entity. See Utah Code 68-3-12.5
• Plan: means the plan developed and adopted by the department under this part. See Utah Code 26B-8-501
• Practice of acupuncture: means the insertion of acupuncture needles, the use of injection therapy, and the application of moxibustion to specific areas of the body based on traditional oriental medical diagnosis and modern research as a primary mode of therapy. See Utah Code 58-72-102
• Practice of court reporting: means the making of a verbatim record, by stenography or voice writing, of any trial, legislative public hearing, state agency public hearing, deposition, examination before trial, hearing or proceeding before any grand jury, referee, board, commission, master or arbitrator, or other sworn testimony given under oath. See Utah Code 58-74-102
• Practice of genetic counseling: means the communication process which deals with the human problems associated with the occurrence, or the risk of occurrence, of a genetic disorder in a family, including the provision of services to help an individual or family:
       (2)(a) comprehend the medical facts, including the diagnosis, probable cause of the disorder, and the available management;
       (2)(b) appreciate the way heredity contributes to the disorder and the risk of occurrence in specified relatives;
       (2)(c) understand the alternatives for dealing with the risk of occurrence;
       (2)(d) choose the course of action which seems appropriate to them in view of their risk, their family goals, and their ethical and religious standards, and to act in accordance with that decision; and
       (2)(e) make the best possible psychosocial adjustment to the disorder in an affected family member or to the risk of occurrence of that disorder. See Utah Code 58-75-102
• Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• Public health authority: means an agency or authority of the United States, a state, a territory, a political subdivision of a state or territory, an Indian tribe, or a person acting under a grant of authority from or a contract with such an agency, that is responsible for public health matters as part of the agency or authority's official mandate. See Utah Code 26B-1-102
• Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
• 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. See Utah Code 26B-8-501
• Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
• State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
• State certified court reporter: means a person who engages in the practice of court reporting and has met the requirements for state certification as a state certified court reporter. See Utah Code 58-74-102
• Subpoena: A command to a witness to appear and give testimony.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Third party payor: means :
       (14)(a) an insurer offering a health benefit plan, as defined by Section 31A-1-301, to at least 2,500 enrollees in the state;
       (14)(b) a nonprofit health service insurance corporation licensed under Title 31A, Chapter 7, Nonprofit Health Service Insurance Corporations;
       (14)(c) a program funded or administered by Utah for the provision of health care services, including the Medicaid and medical assistance programs described in Chapter 3, Part 1, Health Care Assistance; and
       (14)(d) a corporation, organization, association, entity, or person:

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

            (14)(d)(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. See Utah Code 26B-8-501
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Unprofessional conduct: means the same as that term is defined in Subsection 58-1-501(2). See Utah Code 58-1-102
• Writing: includes :
       (48)(a) printing;
       (48)(b) handwriting; and
       (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5