No. 38586 (5-year Review): Rule R380-25. Submission of Data Through an Electronic Data Interchange

DAR File No.: 38586
Filed: 06/09/2014 02:35:54 PM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Rule R380-25 provides for the submission of information to the Department of Health through an electronic data interchange (EDI). Subsections 26-1-30(2)(d), 26-1-30(2)(e), 26-1-30(2)(f), 26-1-30(2)(g), 26-1-30(2)(p), and 26-1-30(2)(w), as well as Sections 26-3-5 and 26-3-6 authorize this rule. Subsections 26-1-30(2)(d) through (g), (p), and (w) refer to the Department of Health's core missions to collect specific health-related information for reporting, analysis, program management and other public health related activities. Sections 26-3-5 and 26-3-6 authorize the department to coordinate data collection and to cooperate with other entities to implement standards for data exchange. Rule R380-25 provides for the use of an electronic data exchange, using established standards, to act as a conduit for reporting information to the department in furtherance of the department's public health mission.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

There is an opportunity for this rule to be updated so that is does not conflict with the current HIPAA Laws. Section R380-25-3 speaks to Confidentiality and Subsection R380-25-3(3) talks about not inspecting health data: the definition of health data in Subsection 26-3-1(2) includes claims data. Today UHIN needs to inspect the contents for the level 2 criterion for compliance to the HIPAA Transactions. The Department recommends that this section be updated to either reference HIPAA Privacy and Security or remove Subsection R380-25-3(3). It also might be a good time to update some of the terms to more current terms.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

The agency agrees with the above comments and will amend the rule after its continuation. If this rule was removed, any entity wanting to be a conduit for data submissions to the Department of Health would not have the appropriate authority. Therefore, this rule should be continued.

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

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

Direct questions regarding this rule to:

• Jeff Duncan at the above address, by phone at 801-538-7023, by FAX at 801-538-7012, or by Internet E-mail at [e-mail]

Effective:

06/09/2014

Authorized by:

David Patton, Executive Director

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