No. 31485 (Amendment): R495-881. Health Insurance Portability andAccountability Act (HIPAA) Privacy Rule Implementation

DAR File No.: 31485
Filed: 05/27/2008, 10:54
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The citations for the Department of Human Services statutory rulemaking authority needed to be updated. There were also a few minor typographical errors.

Summary of the rule or change:

The statutory rulemaking authority was updated to Section 62A-1-111.

State statutory or constitutional authorization for this rule:

Section 62A-1-111 and 45 CFR Part 164, subpart E

Anticipated cost or savings to:

the state budget:

The proposed changes to the rule are for clarification purposes only and do not affect the current procedures. Therefore, no financial impact on any state programs is anticipated.

local governments:

The proposed changes to the rule are for clarification purposes only and do not affect the current procedures. Therefore, no financial impact on any local governments is anticipated.

small businesses and persons other than businesses:

The proposed changes to the rule are for clarification purposes only and do not affect the current procedures. Therefore, no financial impact on any small businesses and persons other than businesses is anticipated.

Compliance costs for affected persons:

No person or entity affected by this rule should incur any costs as a result of the proposed changes because the changes only correct the rulemaking authority citation and minor typographical errors.

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

There will be no fiscal impact on businesses by the amendment to this rule because the changes only correct the citation for rulemaking authority and minor typographical errors. Lisa-Michele Church, Executive Director

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

Human Services
Administration
120 N 200 W
SALT LAKE CITY UT 84103-1500

Direct questions regarding this rule to:

L Ray Winger at the above address, by phone at 801-538-4319, by FAX at 801-538-4424, 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:

07/15/2008

This rule may become effective on:

07/22/2008

Authorized by:

Lisa-Michele Church, Executive Director

RULE TEXT

R495. Human Services, Administration.

R495-881. Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule Implementation.

R495-881-1. Authority and Purpose.

(1) This rule implements provisions required by 45 CFR Part 164, subpart E, dealing with the treatment of certain individually identifiable health information held by the Department of Human Services.

(2) This rule is authorized by [Utah Code Sections 26-1-5 and 26-1-17]Section 62A-1-111.

 

R495-881-2. Definitions.

As used in this rule:

(1) "Covered entity" means a program within the Department responsible for carrying out a covered function as that term is used in 45 CFR 164.501.

(2) "HIPAA" means the federal Health Insurance Portability and Accountability Act of 1997 and its implementing regulations.

(3) "Individual" means a natural person. In the case of an individual without legal capacity or a deceased person, the personal representative of the individual.

 

R495-881-10. Amendment of Protected Health Information.

(1) An individual may request an amendment to the protected health information about that individual that the individual believes is incorrect as permitted in 45 CFR 164.526 by submitting a written request to the designated privacy officer for the covered entity.

(2) The decision whether to grant the request, the time frames for action by the covered entity, amendment of the record, requirements for denial, and acting on notices of amendment from third parties shall be in accordance with 45 CFR 164.526.

 

KEY: HIPAA, privacy

Date of Enactment or Last Substantive Amendment: [June 24, 2003]2008

Authorizing, and Implemented or Interpreted Law: [26-1-5; 26-1-17]62A-1-111