(1) The definitions in Section 26B-8-501 apply to this section.
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Terms Used In Utah Code 26B-1-413

  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Executive director: means the executive director of the department appointed under Section 26B-1-203. See Utah Code 26B-1-102
  • 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
  • Quorum: The number of legislators that must be present to do business.
  • 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
(2) There is created within the department the Health Data Committee.
(3) The committee shall advise and consult with the department related to the department’s duties under Chapter 5, Part 8, Utah Health Data Authority.
(4) The committee shall be composed of 19 members.
(5)

     (5)(a) Five members shall be:

          (5)(a)(i) the commissioner of the Utah Insurance Departmentor the commissioner’s designee who shall have knowledge regarding the health care system and characteristics and use of health data;
          (5)(a)(ii) two legislators jointly appointed by the speaker of the House of Representatives and the president of the Senate;
          (5)(a)(iii) one advocate for data privacy jointly appointed by the speaker of the House of Representatives and the president of the Senate; and
          (5)(a)(iv) one member of the public with knowledge regarding data privacy jointly appointed by the speaker of the House of Representatives and the president of the Senate.
     (5)(b) Fourteen members shall be appointed or reappointed by the governor with the advice and consent of the Senate in accordance with Subsection (6) and Title 63G, Chapter 24, Part 2, Vacancies.
(6) The members of the committee appointed under Subsection (5)(b) shall:

     (6)(a) be knowledgeable regarding the health care system and the characteristics and use of health data;
     (6)(b) be selected so that the committee at all times includes individuals who provide care;
     (6)(c) include one person employed by or otherwise associated with a general acute hospital as defined in Section 26B-2-201, who is knowledgeable about the collection, analysis, and use of health care data;
     (6)(d) include two physicians, as defined in Section 58-67-102:

          (6)(d)(i) who are licensed to practice in this state;
          (6)(d)(ii) who actively practice medicine in this state;
          (6)(d)(iii) who are trained in or have experience with the collection, analysis, and use of health care data; and
          (6)(d)(iv) one of whom is selected by the Utah Medical Association;
     (6)(e) include three persons:

          (6)(e)(i) who are:

               (6)(e)(i)(A) employed by or otherwise associated with a business that supplies health care insurance to the business’s employees; and
               (6)(e)(i)(B) knowledgeable about the collection and use of health care data; and
          (6)(e)(ii) at least one of whom represents an employer employing 50 or fewer employees;
     (6)(f) include three persons representing health insurers:

          (6)(f)(i) at least one of whom is employed by or associated with a third-party payor that is not licensed under Title 31A, Chapter 8, Health Maintenance Organizations and Limited Health Plans;
          (6)(f)(ii) at least one of whom is employed by or associated with a third party that is licensed under Title 31A, Chapter 8, Health Maintenance Organizations and Limited Health Plans; and
          (6)(f)(iii) who are trained in, or experienced with the collection, analysis, and use of health care data;
     (6)(g) include two consumer representatives:

          (6)(g)(i) from organized consumer or employee associations; and
          (6)(g)(ii) knowledgeable about the collection and use of health care data;
     (6)(h) include one person:

          (6)(h)(i) representative of a neutral, non-biased entity that can demonstrate that the entity has the broad support of health care payers and health care providers; and
          (6)(h)(ii) who is knowledgeable about the collection, analysis, and use of health care data; and
     (6)(i) include two persons representing public health who are trained in or experienced with the collection, use, and analysis of health care data.
(7)

     (7)(a) Except as required by Subsection (7)(b), as terms of current committee members expire, the governor shall appoint each new member or reappointed member to a four-year term.
     (7)(b) Notwithstanding the requirements of Subsection (7)(a), the governor shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of committee members are staggered so that approximately half of the committee is appointed every two years.
     (7)(c) Members may serve after the members’ terms expire until replaced.
(8) When a vacancy occurs in the membership for any reason, the governor shall, with the advice and consent of the Senate, and in accordance with Subsection (5)(b) and title 63G, Chapter 24, Part 2, Vacancies, appoint a replacement for the unexpired term.
(9) Committee members shall annually elect a chair of the committee from among the committee’s membership. The chair shall report to the executive director.
(10)

     (10)(a) The committee shall meet at least once during each calendar quarter. Meeting dates shall be set by the chair upon 10 working days’ notice to the other members, or upon written request by at least four committee members with at least 10 working days’ notice to other committee members.
     (10)(b) Ten committee members constitute a quorum for the transaction of business. Action may not be taken except upon the affirmative vote of a majority of a quorum of the committee.
     (10)(c) All meetings of the committee shall be open to the public, except that the committee may hold a closed meeting if the requirements of Sections 52-4-204, 52-4-205, and 52-4-206 are met.
(11) A member:

     (11)(a) may not receive compensation or benefits for the member’s service, but may receive per diem and travel expenses in accordance with:

          (11)(a)(i) Section 63A-3-106;
          (11)(a)(ii) Section 63A-3-107; and
          (11)(a)(iii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107; and
     (11)(b) shall comply with the conflict of interest provisions described in Title 63G, Chapter 24, Part 3, Conflicts of Interest.
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