No. 35492 (Repeal): Rule R428-20. Health Data Authority Request for Health Data Information

(Repeal)

DAR File No.: 35492
Filed: 11/30/2011 12:22:22 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is being repealed because its substantive elements, specifically data mandated for collection by the Health Data Committee, are incorporated into other Title R428 rules. Rule R428-20 can be repealed without any effect on work done by the committee or the Utah Department of Health. At its meeting on 11/08/2011, the Health Data Committee voted with unanimous consent to repeal Rule R428-20. Therefore, this rule is no longer needed.

Summary of the rule or change:

The rule is repealed in its entirety.

State statutory or constitutional authorization for this rule:

• Title 26, Chapter 33a

Anticipated cost or savings to:

the state budget:

Staff will no longer need to monitor rule text for Rule R428-20. Repeal of this rule will result in approximate savings to the state of $50 per year equaling about 1.5 hours staff time.

local governments:

Because the substantive provisions of this rule are incorporated into other Title R428 rules, no costs or savings to local governments should result from this filing.

small businesses:

Because the substantive provisions of this rule are incorporated into other Title R428 rules, no costs or savings to small businesses should result from this filing.

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

Because the substantive provisions of this rule are incorporated into other Title R428 rules, no costs or savings to other persons should result from this filing.

Compliance costs for affected persons:

No compliance costs are expected with this repeal, which relieves affected persons from any obligations to comply with the rule.

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

"Repeal of this unnecessary rule, whose necessary substantive provisions are already covered in other rules, should not have a negative fiscal impact on any business."

David Patton, PhD, Executive Director, UDOH

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, Health Care Statistics
CANNON HEALTH BLDG
288 N 1460 W
SALT LAKE CITY, UT 84116-3231

Direct questions regarding this rule to:

• Mike Martin at the above address, by phone at 801-538-9205, by FAX at 801-538-9916, or by Internet E-mail at [e-mail]
• Keely Cofrin Allen at the above address, by phone at 801-538-6551, by FAX at 801-538-9916, or by Internet E-mail at [e-mail]

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:

01/17/2012

This rule may become effective on:

01/24/2012

Authorized by:

David Patton, Executive Director

RULE TEXT

R428. Health, Center for Health Data, Health Care Statistics.

[R428-20. Health Data Authority Request for Health Data Information.

R428-20-1. Legal Authority.

This rule is promulgated under authority granted by Title 26, Chapter 33a, and in accordance with the requirements of the Health Data Plan.

 

R428-20-2. Purpose.

This rule establishes guidelines by which data suppliers shall be required to provide health data information to the Office for the purpose of expanding the committee's health data plan.

 

R428-20-3. Definitions.

This definition is specific to R428-20.

A. "Health data information" means a description, specification, or translation of paper forms, computer records, computer record formats, medical chart formats, or procedures for data collection, recording, storage, and processing. Health data information does not mean the patient-specific entries or recordings contained in a paper form, computer record, or medical chart.

 

R428-20-4. Request for Health Data Information.

The Office may request health data information from any data supplier to accomplish the committee's purpose as stated in Section 26-33a-104.

 

R428-20-5. Time Limits for Response to Request for Information.

A. The data supplier shall respond to requests for health data information within 10 working days of the date the request is made by the Office.

B. Extensions to the 10 day response period may be granted by the Office to a maximum of 30 calendar days past the initial request date.

 

R428-20-6. Data Protection.

The health data information received in compliance with this rule shall not be released in any format. The health data information is classified as strictly confidential by Section 26-33a-108. The committee shall use the health data information only in support of the committee's purpose as stated in Section 26-33a-104.

 

KEY: health, health policy, health planning

Date of Enactment or Last Substantive Amendment: 1991

Notice of Continuation: April 3, 2007

Authorizing, and Implemented or Interpreted Law: 26-33a-104]

 

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