Section R590-262-2 - Purpose and Scope(1) The purpose of this rule is to:(a) establish the requirements for entities that pay for health care to submit data to the Utah Department of Health and Human Services;(b) coordinate with: (i) Sections 26-1-37 and 26-33a-106.1; and(ii) Rules R428-1 and R428-15;(c) allow the data to be shared with the state's designated secure health information master patient index, Clinical Health Information Exchange (cHIE), to be used: (i) in compliance with data security standards established by:(A) the federal Health Insurance Portability and Accountability Act of 1996, Pub. L. 104-191, 110 Stat. 1936: and(B) the electronic commerce agreements established in a business associate agreement;(ii) for coordination of health insurance benefits; and(iii) for the enrollment data elements identified in Rule R428-15.(2) This rule applies to an insurer offering or administering health insurance, including a self-funded plan that opts-in under Section R590-262-7.(3) This rule does not apply to:(a) an insurer that, as of the first day of the reporting period, covers fewer than 2,500 individual Utah residents;(b) a long-term care insurance policy;(c) an income replacement policy; or(d) except as provided in Subsection (2)(c), a self-funded employee welfare plan.(4)(a) The submission of data by an insurer on behalf of a self-funded plan is considered mandatory if the self-funded employer opts-in under Section R590-262-7.(b) An insurer is not obligated to submit data on behalf of a self-funded plan that opts-out or fails to respond to an opt-in request required in Section R590-262-7.Utah Admin. Code R590-262-2
Amended by Utah State Bulletin Number 2016-12, effective 5/23/2016Amended by Utah State Bulletin Number 2017-1, effective 12/12/2016Amended by Utah State Bulletin Number 2017-7, effective 3/10/2017Amended by Utah State Bulletin Number 2023-13, effective 6/21/2023