(1) As used in this section:

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Terms Used In Utah Code 26B-2-224

  • Abortion clinic: means a type I abortion clinic or a type II abortion clinic. See Utah Code 26B-2-201
  • Ambulatory surgical facility: means a freestanding facility, which provides surgical services to patients not requiring hospitalization. See Utah Code 26B-2-201
  • Birthing center: means a facility that:
         (6)(a) receives maternal clients and provides care during pregnancy, delivery, and immediately after delivery; and
         (6)(b)
              (6)(b)(i) is freestanding; or
              (6)(b)(ii) is not freestanding, but meets the requirements for an alongside midwifery unit described in Subsection 26B-2-228(7). See Utah Code 26B-2-201
  • Committee: means the Health Facility Committee created in Section 26B-1-204. See Utah Code 26B-2-201
  • End stage renal disease facility: means a facility which furnishes staff-assisted kidney dialysis services, self-dialysis services, or home-dialysis services on an outpatient basis. See Utah Code 26B-2-201
  • Fraud: Intentional deception resulting in injury to another.
  • General acute hospital: means a facility which provides diagnostic, therapeutic, and rehabilitative services to both inpatients and outpatients by or under the supervision of physicians. See Utah Code 26B-2-201
  • Health care facility: means general acute hospitals, specialty hospitals, home health agencies, hospices, nursing care facilities, residential-assisted living facilities, birthing centers, ambulatory surgical facilities, small health care facilities, abortion clinics, facilities owned or operated by health maintenance organizations, end stage renal disease facilities, and any other health care facility which the committee designates by rule. See Utah Code 26B-2-201
  • Health maintenance organization: means an organization, organized under the laws of any state which:
         (14)(a) is a qualified health maintenance organization under Utah Code 26B-2-201
  • Home health agency: means an agency, organization, or facility or a subdivision of an agency, organization, or facility which employs two or more direct care staff persons who provide licensed nursing services, therapeutic services of physical therapy, speech therapy, occupational therapy, medical social services, or home health aide services on a visiting basis. See Utah Code 26B-2-201
  • Hospice: means a program of care for the terminally ill and their families which occurs in a home or in a health care facility and which provides medical, palliative, psychological, spiritual, and supportive care and treatment. See Utah Code 26B-2-201
  • Nursing care facility: means a health care facility, other than a general acute or specialty hospital, constructed, licensed, and operated to provide patient living accommodations, 24-hour staff availability, and at least two of the following patient services:
         (17)(a) a selection of patient care services, under the direction and supervision of a registered nurse, ranging from continuous medical, skilled nursing, psychological, or other professional therapies to intermittent health-related or paraprofessional personal care services;
         (17)(b) a structured, supportive social living environment based on a professionally designed and supervised treatment plan, oriented to the individual's habilitation or rehabilitation needs; or
         (17)(c) a supervised living environment that provides support, training, or assistance with individual activities of daily living. See Utah Code 26B-2-201
  • Specialty hospital: means a facility which provides specialized diagnostic, therapeutic, or rehabilitative services in the recognized specialty or specialties for which the hospital is licensed. See Utah Code 26B-2-201
     (1)(a) “EMTALA” means the federal Emergency Medical Treatment and Active Labor Act.
     (1)(b) “Health professional office” means:

          (1)(b)(i) a physician’s office; or
          (1)(b)(ii) a dental office.
     (1)(c) “Medical facility” means:

          (1)(c)(i) a general acute hospital;
          (1)(c)(ii) a specialty hospital;
          (1)(c)(iii) a home health agency;
          (1)(c)(iv) a hospice;
          (1)(c)(v) a nursing care facility;
          (1)(c)(vi) a residential-assisted living facility;
          (1)(c)(vii) a birthing center;
          (1)(c)(viii) an ambulatory surgical facility;
          (1)(c)(ix) a small health care facility;
          (1)(c)(x) an abortion clinic;
          (1)(c)(xi) a facility owned or operated by a health maintenance organization;
          (1)(c)(xii) an end stage renal disease facility;
          (1)(c)(xiii) a health care clinic; or
          (1)(c)(xiv) any other health care facility that the committee designates by rule.
(2)

     (2)(a) In order to discourage identity theft and health insurance fraud, and to reduce the risk of medical errors caused by incorrect medical records, a medical facility or a health professional office shall request identification from an individual prior to providing in-patient or out-patient services to the individual.
     (2)(b) If the individual who will receive services from the medical facility or a health professional office lacks the legal capacity to consent to treatment, the medical facility or a health professional office shall request identification:

          (2)(b)(i) for the individual who lacks the legal capacity to consent to treatment; and
          (2)(b)(ii) from the individual who consents to treatment on behalf of the individual described in Subsection (2)(b)(i).
(3) A medical facility or a health professional office:

     (3)(a) that is subject to EMTALA:

          (3)(a)(i) may not refuse services to an individual on the basis that the individual did not provide identification when requested; and
          (3)(a)(ii) shall post notice in its emergency department that informs a patient of the patient’s right to treatment for an emergency medical condition under EMTALA;
     (3)(b) may not be penalized for failing to ask for identification;
     (3)(c) is not subject to a private right of action for failing to ask for identification; and
     (3)(d) may document or confirm patient identity by:

          (3)(d)(i) photograph;
          (3)(d)(ii) fingerprinting;
          (3)(d)(iii) palm scan; or
          (3)(d)(iv) other reasonable means.
(4) The identification described in this section:

     (4)(a) is intended to be used for medical records purposes only; and
     (4)(b) shall be kept in accordance with the requirements of the Health Insurance Portability and Accountability Act of 1996.
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