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Can I collect health information from participants in Utah? What are the requirements?

Here is the response to your query:

Yes, you can collect health information from participants in Utah on a voluntary basis, except when there is specific legal authority to compel reporting of health data [1.1]. However, there are certain requirements that you need to follow when collecting and maintaining health data.

Requirements for collecting and maintaining health data

  • You can collect and maintain health data on the extent, nature, and impact of illness and disability on the population of the state, the determinants of health and health hazards, health resources, including the extent of available manpower and resources, utilization of health care, health care costs and financing, or other health or health-related matters [1.1].
  • You can undertake and support research, demonstrations, and evaluations respecting new or improved methods for obtaining current data on the matters referred to in Subsection (1) of this section [1.1].
  • You can collect health data under other authorities and on behalf of other governmental or not-for-profit organizations [1.1].
  • You must coordinate health data activities within the state to eliminate unnecessary duplication of data collection and maximize the usefulness of data collected [1.4].

Requirements for disclosing health data

  • You cannot disclose any identifiable health data unless one of the following persons has consented to the disclosure: the individual, the next-of-kin if the individual is deceased, the parent or legal guardian if the individual is a minor or mentally incompetent, or a person holding a power of attorney covering such matters on behalf of the individual [1.2].
  • You can disclose health data to a governmental entity in this or another state or the federal government, provided that the data will be used for a purpose for which they were collected by the department, and the recipient enters into a written agreement satisfactory to the department agreeing to protect such data in accordance with the requirements of this chapter and department rule and not permit further disclosure without prior approval of the department [1.2].
  • You can disclose health data to an individual or organization, for a specified period, solely for bona fide research and statistical purposes, determined in accordance with department rules, and the department determines that the data are required for the research and statistical purposes proposed, and the requesting individual or organization enters into a written agreement satisfactory to the department to protect the data in accordance with this chapter and department rule and not permit further disclosure without prior approval of the department [1.2].
  • You can disclose health data to a governmental entity for the purpose of conducting an audit, evaluation, or investigation of the department, and such governmental entity agrees not to use those data for making any determination affecting the rights, benefits, or entitlements of any individual to whom the health data relates [1.2].
  • You can disclose specific medical or epidemiological information to authorized personnel within the department, local health departments, public health authorities, official health agencies in other states, the United States Public Health Service, the Centers for Disease Control and Prevention (CDC), or agencies responsible to enforce quarantine, when necessary to continue patient services or to undertake public health efforts to control communicable, infectious, acute, chronic, or any other disease or health hazard that the department considers to be dangerous or important or that may affect the public health [1.2].
  • You can disclose specific medical or epidemiological information to a “health care provider” as defined in Section 78B-3-403, health care personnel, or public health personnel who has a legitimate need to have access to the information in order to assist the patient or to protect the health of others closely associated with the patient, and this Subsection (6) does not create a duty to warn third parties [1.2].
  • You can disclose health data to obtain payment from an insurer or other third-party payor in order for the department to obtain payment or to coordinate benefits for a patient [1.2].
  • You can disclose health data to the subject of the identifiable health data [1.2].

Conclusion

In summary, you can collect health information from participants in Utah on a voluntary basis, except when there is specific legal authority to compel reporting of health data. However, you must follow certain requirements when collecting and maintaining health data, and you must follow certain requirements when disclosing health data.

Source(s):
Jurisdiction

Utah