reglab/statecodes huggingface dataset:
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 8 - Health Data, Vital Statistics, and Utah Medical Examiner › Part 3 - Revised Uniform Anatomical Gift Act › Section 324 - Relation to Electronic Signatures in Global and National Commerce Act.

Effective 5/3/2023
26B-8-324.
Relation to Electronic Signatures in Global and National Commerce Act.
This act modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Sec. 7001 et seq., but does not modify, limit or supersede Section 101(a) of that act, 15 U.S.C. Sec. 7001, or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Sec. 7003(b).
Renumbered and Amended by Chapter 306, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 8 - Health Data, Vital Statistics, and Utah Medical Examiner › Part 4 - Health Statistics › Section 401 - Definitions.

Effective 5/3/2023
26B-8-401.
Definitions.
As used in this part:
(1) "Disclosure" or "disclose" means the communication of health data to any individual or organization outside the department.
(2) "Health data" means any information, except vital records as defined in Section 26B-8-101, relating to the health status of individuals, the availability of health resources and services, and the use and cost of these resources and services.
(3) "Identifiable health data" means any item, collection, or grouping of health data which makes the individual supplying it or described in it identifiable.
(4) "Individual" means a natural person.
(5) "Organization" means any corporation, association, partnership, agency, department, unit, or other legally constituted institution or entity, or part of any of these.
(6) "Research and statistical purposes" means the performance of activities relating to health data, including:
(a) describing the group characteristics of individuals or organizations;
(b) analyzing the interrelationships among the various characteristics of individuals or organizations;
(c) the conduct of statistical procedures or studies to improve the quality of health data;
(d) the design of sample surveys and the selection of samples of individuals or organizations;
(e) the preparation and publication of reports describing these matters; and
(f) other related functions.
Renumbered and Amended by Chapter 306, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 8 - Health Data, Vital Statistics, and Utah Medical Examiner › Part 4 - Health Statistics › Section 402 - Powers of department to collect and maintain health data.

Effective 5/3/2023
26B-8-402.
Powers of department to collect and maintain health data.
The department may on a voluntary basis, except when there is specific legal authority to compel reporting of health data:
(1) collect and maintain health data on:
(a) the extent, nature, and impact of illness and disability on the population of the state;
(b) the determinants of health and health hazards;
(c) health resources, including the extent of available manpower and resources;
(d) utilization of health care;
(e) health care costs and financing; or
(f) other health or health-related matters;
(2) 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; and
(3) collect health data under other authorities and on behalf of other governmental or not-for-profit organizations.
Renumbered and Amended by Chapter 306, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 8 - Health Data, Vital Statistics, and Utah Medical Examiner › Part 4 - Health Statistics › Section 403 - Quality and publication of statistics.

Effective 5/3/2023
26B-8-403.
Quality and publication of statistics.
The department shall:
(1) take such actions as may be necessary to assure that statistics developed under this part are of high quality, timely, and comprehensive, as well as specific, standardized, and adequately analyzed and indexed; and
(2) publish, make available, and disseminate such statistics on as wide a basis as practicable.
Renumbered and Amended by Chapter 306, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 8 - Health Data, Vital Statistics, and Utah Medical Examiner › Part 4 - Health Statistics › Section 404 - Coordination of health data collection activities.

Effective 5/3/2023
26B-8-404.
Coordination of health data collection activities.
(1) The department shall coordinate health data activities within the state to eliminate unnecessary duplication of data collection and maximize the usefulness of data collected.
(2) Except as specifically provided, this part does not independently provide authority for the department to compel the reporting of information.
Renumbered and Amended by Chapter 306, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 8 - Health Data, Vital Statistics, and Utah Medical Examiner › Part 4 - Health Statistics › Section 405 - Uniform standards -- Powers of department.

Effective 5/3/2023
26B-8-405.
Uniform standards -- Powers of department.
The department may:
(1) participate and cooperate with state, local, and federal agencies and other organizations in the design and implementation of uniform standards for the management of health information at the federal, state, and local levels; and
(2) undertake and support research, development, demonstrations, and evaluations that support uniform health information standards.
Renumbered and Amended by Chapter 306, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 8 - Health Data, Vital Statistics, and Utah Medical Examiner › Part 4 - Health Statistics › Section 407 - Disclosure of health data -- Discretion of department.

Effective 5/3/2023
26B-8-407.
Disclosure of health data -- Discretion of department.
(1) Any disclosure provided for in Section 26B-8-406 shall be made at the discretion of the department.
(2) Notwithstanding Subsection (1), the disclosure provided for in Subsection 26B-8-406(4) shall be made when the requirements of that paragraph are met.
Renumbered and Amended by Chapter 306, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 8 - Health Data, Vital Statistics, and Utah Medical Examiner › Part 4 - Health Statistics › Section 408 - Health data not subject to subpoena or compulsory process -- Exception.

Effective 5/3/2023
26B-8-408.
Health data not subject to subpoena or compulsory process -- Exception.
Identifiable health data obtained in the course of activities undertaken or supported under this part may not be subject to discovery, subpoena, or similar compulsory process in any civil or criminal, judicial, administrative, or legislative proceeding, nor shall any individual or organization with lawful access to identifiable health data under the provisions of this part be compelled to testify with regard to such health data, except that data pertaining to a party in litigation may be subject to subpoena or similar compulsory process in an action brought by or on behalf of such individual to enforce any liability arising under this part.
Renumbered and Amended by Chapter 306, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 8 - Health Data, Vital Statistics, and Utah Medical Examiner › Part 4 - Health Statistics › Section 409 - Department measures to protect security of health data.

Effective 5/3/2023
26B-8-409.
Department measures to protect security of health data.
The department shall protect the security of identifiable health data by use of the following measures and any other measures adopted by rule:
(1) limit access to identifiable health data to authorized individuals who have received training in the handling of such data;
(2) designate a person to be responsible for physical security;
(3) develop and implement a system for monitoring security; and
(4) review periodically all identifiable health data to determine whether identifying characteristics should be removed from the data.
Renumbered and Amended by Chapter 306, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 8 - Health Data, Vital Statistics, and Utah Medical Examiner › Part 4 - Health Statistics › Section 410 - Relation to other provisions.

Effective 5/3/2023
26B-8-410.
Relation to other provisions.
Because the following parts contain specific provisions regarding collection and disclosure of data, the provisions of this part do not apply to data that is subject to the following parts:
(1)Part 1, Vital Statistics;
(2)Part 2, Utah Medical Examiner; and
(3) Sections 26B-7-201 through 26B-7-223.
Renumbered and Amended by Chapter 306, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 8 - Health Data, Vital Statistics, and Utah Medical Examiner › Part 5 - Utah Health Data Authority › Section 502 - Executive secretary -- Appointment -- Powers.

Affected by 63I-1-226 on 7/1/2024
Effective 5/3/2023
26B-8-502.
Executive secretary -- Appointment -- Powers.
(1) An executive secretary shall be appointed by the executive director, with the approval of the committee, and shall serve under the administrative direction of the executive director.
(2) The executive secretary shall:
(a) employ full-time employees necessary to carry out this part;
(b) supervise the development of a draft health data plan for the committee's review, modification, and approval; and
(c) supervise and conduct the staff functions of the committee in order to assist the committee in meeting its responsibilities under this part.
Renumbered and Amended by Chapter 306, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 8 - Health Data, Vital Statistics, and Utah Medical Examiner › Part 5 - Utah Health Data Authority › Section 503 - Limitations on use of health data.

Affected by 63I-1-226 on 7/1/2024
Effective 5/3/2023
26B-8-503.
Limitations on use of health data.
The committee may not use the health data provided to it by third-party payors, health care providers, or health care facilities to make recommendations with regard to a single health care provider or health care facility, or a group of health care providers or health care facilities.
Renumbered and Amended by Chapter 306, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 8 - Health Data, Vital Statistics, and Utah Medical Examiner › Part 5 - Utah Health Data Authority › Section 504 - Health care cost and reimbursement data.

Affected by 63I-1-226 on 7/1/2024
Effective 5/3/2023
26B-8-504.
Health care cost and reimbursement data.
(1) The committee shall, as funding is available:
(a) establish a plan for collecting data from data suppliers to determine measurements of cost and reimbursements for risk-adjusted episodes of health care;
(b) share data regarding insurance claims and an individual's and small employer group's health risk factor and characteristics of insurance arrangements that affect claims and usage with the Insurance Department, only to the extent necessary for:
(i) risk adjusting; and
(ii) the review and analysis of health insurers' premiums and rate filings; and
(c) assist the Legislature and the public with awareness of, and the promotion of, transparency in the health care market by reporting on:
(i) geographic variances in medical care and costs as demonstrated by data available to the committee; and
(ii) rate and price increases by health care providers:
(A) that exceed the Consumer Price Index - Medical as provided by the United States Bureau of Labor Statistics;
(B) as calculated yearly from June to June; and
(C) as demonstrated by data available to the committee;
(d) provide on at least a monthly basis, enrollment data collected by the committee to a not-for-profit, broad-based coalition of state health care insurers and health care providers that are involved in the standardized electronic exchange of health data as described in Section 31A-22-614.5, to the extent necessary:
(i) for the department or the Medicaid Office of the Inspector General to determine insurance enrollment of an individual for the purpose of determining Medicaid third party liability;
(ii) for an insurer that is a data supplier, to determine insurance enrollment of an individual for the purpose of coordination of health care benefits; and
(iii) for a health care provider, to determine insurance enrollment for a patient for the purpose of claims submission by the health care provider;
(e) coordinate with the State Emergency Medical Services Committee to publish data regarding air ambulance charges under Section 26B-4-106;
(f) share data collected under this part with the state auditor for use in the health care price transparency tool described in Section 67-3-11; and
(g) publish annually a report on primary care spending within Utah.
(2) A data supplier is not liable for a breach of or unlawful disclosure of the data caused by an entity that obtains data in accordance with Subsection (1).
(3) The plan adopted under Subsection (1) shall include:
(a) the type of data that will be collected;
(b) how the data will be evaluated;
(c) how the data will be used;
(d) the extent to which, and how the data will be protected; and
(e) who will have access to the data.
Renumbered and Amended by Chapter 306, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 8 - Health Data, Vital Statistics, and Utah Medical Examiner › Part 5 - Utah Health Data Authority › Section 506 - Limitations on release of reports.

Affected by 63I-1-226 on 7/1/2024
Effective 5/3/2023
26B-8-506.
Limitations on release of reports.
The committee may not release a compilation or report that compares and identifies health care providers or data suppliers unless it:
(1) allows the data supplier and the health care provider to verify the accuracy of the information submitted to the committee and submit to the committee any corrections of errors with supporting evidence and comments within a reasonable period of time to be established by rule , with the concurrence of the department, made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act ;
(2) corrects data found to be in error; and
(3) allows the data supplier a reasonable amount of time prior to publication to review the committee's interpretation of the data and prepare a response.
Renumbered and Amended by Chapter 306, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 8 - Health Data, Vital Statistics, and Utah Medical Examiner › Part 5 - Utah Health Data Authority › Section 507 - Disclosure of identifiable health data prohibited.

Affected by 63I-1-226 on 7/1/2024
Effective 5/3/2023
26B-8-507.
Disclosure of identifiable health data prohibited.
(1)
(a) All information, reports, statements, memoranda, or other data received by the committee are strictly confidential.
(b) Any use, release, or publication of the information shall be done in such a way that no person is identifiable except as provided in Sections 26B-8-506 and 26B-8-508.
(2) No member of the committee may be held civilly liable by reason of having released or published reports or compilations of data supplied to the committee, so long as the publication or release is in accordance with the requirements of Subsection (1).
(3) No person, corporation, or entity may be held civilly liable for having provided data to the committee in accordance with this part.
Renumbered and Amended by Chapter 306, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 8 - Health Data, Vital Statistics, and Utah Medical Examiner › Part 5 - Utah Health Data Authority › Section 508 - Exceptions to prohibition on disclosure of identifiable health data.

Affected by 63I-1-226 on 7/1/2024
Effective 5/3/2023
26B-8-508.
Exceptions to prohibition on disclosure of identifiable health data.
(1) The committee may not disclose any identifiable health data unless:
(a) the individual has authorized the disclosure;
(b) the disclosure is to the department or a public health authority in accordance with Subsection (2); or
(c) the disclosure complies with the provisions of:
(i) Subsection (3);
(ii) insurance enrollment and coordination of benefits under Subsection 26B-8-504(1)(d); or
(iii) risk adjusting under Subsection 26B-8-504(1)(b).
(2) The committee may disclose identifiable health data to the department or a public health authority under Subsection (1)(b) if:
(a) the department or the public health authority has clear statutory authority to possess the identifiable health data; and
(b) the disclosure is solely for use:
(i) in the Utah Statewide Immunization Information System operated by the department;
(ii) in the Utah Cancer Registry operated by the University of Utah, in collaboration with the department; or
(iii) by the medical examiner, as defined in Section 26B-8-201, or the medical examiner's designee.
(3) The committee shall consider the following when responding to a request for disclosure of information that may include identifiable health data:
(a) whether the request comes from a person after that person has received approval to do the specific research or statistical work from an institutional review board; and
(b) whether the requesting entity complies with the provisions of Subsection (4).
(4) A request for disclosure of information that may include identifiable health data shall:
(a) be for a specified period; or
(b) be solely for bona fide research or statistical purposes as determined in accordance with administrative rules adopted by the department in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act , which shall require:
(i) the requesting entity to demonstrate to the department that the data is required for the research or statistical purposes proposed by the requesting entity; and
(ii) the requesting entity to enter into a written agreement satisfactory to the department to protect the data in accordance with this part or other applicable law.
(5) A person accessing identifiable health data pursuant to Subsection (4) may not further disclose the identifiable health data:
(a) without prior approval of the department; and
(b) unless the identifiable health data is disclosed or identified by control number only.
(6) Identifiable health data that has been designated by a data supplier as being subject to regulation under 42 C.F.R. Part 2, Confidentiality of Substance Use Disorder Patient Records, may only be used or disclosed in accordance with applicable federal regulations.
Renumbered and Amended by Chapter 306, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 8 - Health Data, Vital Statistics, and Utah Medical Examiner › Part 5 - Utah Health Data Authority › Section 509 - Penalties.

Affected by 63I-1-226 on 7/1/2024
Effective 5/3/2023
26B-8-509.
Penalties.
(1) Any use, release, or publication of health care data contrary to the provisions of Sections 26B-8-507 and 26B-8-508 is a class A misdemeanor.
(2) Subsection (1) does not relieve the person or organization responsible for that use, release, or publication from civil liability.
Renumbered and Amended by Chapter 306, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 8 - Health Data, Vital Statistics, and Utah Medical Examiner › Part 5 - Utah Health Data Authority › Section 510 - Health data not subject to subpoena or compulsory process -- Exception.

Affected by 63I-1-226 on 7/1/2024
Effective 5/3/2023
26B-8-510.
Health data not subject to subpoena or compulsory process -- Exception.
Identifiable health data obtained in the course of activities undertaken or supported under this part are not subject to subpoena or similar compulsory process in any civil or criminal, judicial, administrative, or legislative proceeding, nor shall any individual or organization with lawful access to identifiable health data under the provisions of this part be compelled to testify with regard to such health data, except that data pertaining to a party in litigation may be subject to subpoena or similar compulsory process in an action brought by or on behalf of such individual to enforce any liability arising under this part.
Renumbered and Amended by Chapter 306, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 8 - Health Data, Vital Statistics, and Utah Medical Examiner › Part 5 - Utah Health Data Authority › Section 511 - Consumer-focused health care delivery and payment reform demonstration project.

Affected by 63I-1-226 on 7/1/2024
Effective 5/3/2023
26B-8-511.
Consumer-focused health care delivery and payment reform demonstration project.
(1) The Legislature finds that:
(a) current health care delivery and payment systems do not provide system wide incentives for the competitive delivery and pricing of health care services to consumers;
(b) there is a compelling state interest to encourage consumers to seek high quality, low cost care and educate themselves about health care options;
(c) some health care providers and health care payers have developed consumer-focused ideas for health care delivery and payment system reform, but lack the critical number of patient lives and payer involvement to accomplish system-wide consumer-focused reform; and
(d) there is a compelling state interest to encourage as many health care providers and health care payers to join together and coordinate efforts at consumer-focused health care delivery and payment reform that would provide to consumers enrolled in a high-deductible health plan:
(i) greater choice in health care options;
(ii) improved services through competition; and
(iii) more affordable options for care.
(2)
(a) The department shall meet with health care providers and health care payers for the purpose of coordinating a demonstration project for consumer-based health care delivery and payment reform.
(b) Participation in the coordination efforts is voluntary, but encouraged.
(3) The department, in order to facilitate the coordination of a demonstration project for consumer-based health care delivery and payment reform, shall convene and consult with pertinent entities including:
(a) the Utah Insurance Department;
(b) the Office of Consumer Services;
(c) the Utah Medical Association;
(d) the Utah Hospital Association; and
(e) neutral, non-biased third parties with an established record for broad based, multi-provider and multi-payer quality assurance efforts and data collection.
(4) The department shall supervise the efforts by entities under Subsection (3) regarding:
(a) applying for and obtaining grant funding and other financial assistance that may be available for demonstrating consumer-based improvements to health care delivery and payment;
(b) obtaining and analyzing information and data related to current health system utilization and costs to consumers; and
(c) consulting with those health care providers and health care payers who elect to participate in the consumer-based health delivery and payment demonstration project.
Renumbered and Amended by Chapter 306, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 8 - Health Data, Vital Statistics, and Utah Medical Examiner › Part 5 - Utah Health Data Authority › Section 512 - Health care billing data.

Affected by 63I-1-226 on 7/1/2024
Effective 5/3/2023
26B-8-512.
Health care billing data.
(1) Subject to Subsection (2), the department shall make aggregate data produced under this part available to the public through a standardized application program interface format.
(2)
(a) The department shall ensure that data made available to the public under Subsection (1):
(i) does not contain identifiable health data of a patient; and
(ii) meets state and federal data privacy requirements, including the requirements of Section 26B-8-506.
(b) The department may not release any data under Subsection (1) that may be identifiable health data of a patient.
Renumbered and Amended by Chapter 306, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 8 - Health Data, Vital Statistics, and Utah Medical Examiner › Part 5 - Utah Health Data Authority › Section 514 - Standard health record access form.

Affected by 63I-1-226 on 7/1/2024
Effective 5/3/2023
26B-8-514.
Standard health record access form.
(1) As used in this section:
(a) "HIPAA" means the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, 110 Stat. 1936, as amended.
(b) "Patient" means the individual whose information is being requested.
(c) "Personal representative" means an individual described in 45 C.F.R. Sec. 164.502(g).
(2) Before December 31, 2022, the department shall create a standard form that:
(a) is compliant with HIPAA and 42 C.F.R. Part 2; and
(b) a patient or a patient's personal representative may use to request that a copy of the patient's health records be sent to any of the following:
(i) the patient;
(ii) the patient's personal representative;
(iii) the patient's attorney; or
(iv) a third party authorized by the patient.
(3) The form described in Subsection (2) shall include fields for:
(a) the patient's name;
(b) the patient's date of birth;
(c) the patient's phone number;
(d) the patient's address;
(e)
(i) the patient's signature and date of signature, which may not require notarization; or
(ii) the signature of the patient's personal representative and date of signature, which may not require notarization;
(f) the name, address, and phone number of the person to which the information will be disclosed;
(g) the records requested, including whether the patient is requesting paper or electronic records;
(h) the duration of time the authorization is valid; and
(i) the dates of service requested.
(4) The form described in Subsection (2) shall include the following options for the field described in Subsection (3)(g):
(a) history and physical examination records;
(b) treatment plans;
(c) emergency room records;
(d) radiology and lab reports;
(e) operative reports;
(f) pathology reports;
(g) consultations;
(h) discharge summary;
(i) outpatient clinic records and progress notes;
(j) behavioral health evaluation;
(k) behavioral health discharge summary;
(l) mental health therapy records;
(m) financial information including an itemized billing statement;
(n) health insurance claim form;
(o) billing form; and
(p) other.
Renumbered and Amended by Chapter 306, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 9 - Recovery Services and Administration of Child Support › Part 1 - Office of Recovery Services › Section 102 - Legislative intent -- Liberal construction.

Effective 5/3/2023
26B-9-102.
Legislative intent -- Liberal construction.
It is the intent of the Legislature that the integrity of the public assistance programs of this state be maintained and that the taxpayers support only those persons in need and only as a resource of last resort. To this end, this part should be liberally construed.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 9 - Recovery Services and Administration of Child Support › Part 1 - Office of Recovery Services › Section 103 - Office of Recovery Services -- Creation.

Effective 5/3/2023
26B-9-103.
Office of Recovery Services -- Creation.
(1) There is created within the department the Office of Recovery Services which has the powers and duties provided by law.
(2) The office is under the administrative and general supervision of the executive director.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 9 - Recovery Services and Administration of Child Support › Part 1 - Office of Recovery Services › Section 105 - Disclosure of information regarding employees.

Effective 5/3/2023
26B-9-105.
Disclosure of information regarding employees.
(1) Upon request by the office, for purposes of an official investigation made in connection with its duties under Section 26B-9-104, the following disclosures shall be made to the office:
(a) a public or private employer shall disclose an employee's name, address, date of birth, income, social security number, and health insurance information pertaining to the employee and the employee's dependents;
(b) an insurance organization subject to Title 31A, Insurance Code, or the insurance administrators of a self-insured employer shall disclose health insurance information pertaining to an insured or an insured's dependents, if known; and
(c) a financial institution subject to Title 7, Financial Institutions Act, shall disclose financial record information of a customer named in the request.
(2) The office shall specify by rule the type of health insurance and financial record information required to be disclosed under this section.
(3) All information received under this section is subject to Title 63G, Chapter 2, Government Records Access and Management Act.
(4) An employer, financial institution, or insurance organization, or its agent or employee, is not civilly or criminally liable for providing information to the office in accordance with this section, whether the information is provided pursuant to oral or written request.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 9 - Recovery Services and Administration of Child Support › Part 1 - Office of Recovery Services › Section 106 - Adjudicative proceedings.

Effective 5/3/2023
26B-9-106.
Adjudicative proceedings.
The office and the department shall comply with the procedures and requirements of Title 63G, Chapter 4, Administrative Procedures Act, in their adjudicative proceedings.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 9 - Recovery Services and Administration of Child Support › Part 1 - Office of Recovery Services › Section 107 - Office may file as real party in interest -- Written consent to payment agreements -- Money judgment in favor of obligee considered to be in favor of office to extent of right to recover.

Effective 5/3/2023
26B-9-107.
Office may file as real party in interest -- Written consent to payment agreements -- Money judgment in favor of obligee considered to be in favor of office to extent of right to recover.
(1) The office may file judicial proceedings as a real party in interest to establish, modify, and enforce a support order in the name of the state, any department of the state, the office, or an obligee.
(2) No agreement between an obligee and an obligor as to past, present, or future obligations, reduces or terminates the right of the office to recover from that obligor on behalf of the department for public assistance provided, unless the department has consented to the agreement in writing.
(3) Any court order that includes a money judgment for support to be paid to an obligee by any person is considered to be in favor of the office to the extent of the amount of the office's right to recover public assistance from the judgment debtor.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 9 - Recovery Services and Administration of Child Support › Part 1 - Office of Recovery Services › Section 108 - Director -- Powers of office -- Representation by county attorney or attorney general -- Receipt of grants -- Rulemaking and enforcement.

Effective 5/3/2023
26B-9-108.
Director -- Powers of office -- Representation by county attorney or attorney general -- Receipt of grants -- Rulemaking and enforcement.
(1) The director of the office shall be appointed by the executive director.
(2) The office has power to administer oaths, certify to official acts, issue subpoenas, and to compel witnesses and the production of books, accounts, documents, and evidence.
(3) The office has the power to seek administrative and judicial orders to require an obligor who owes past-due support and is obligated to support a child receiving public assistance to participate in appropriate work activities if the obligor is unemployed and is not otherwise incapacitated.
(4) The office has the power to enter into reciprocal child support enforcement agreements with foreign countries consistent with federal law and cooperative enforcement agreements with Indian Tribes.
(5) The office has the power to pursue through court action the withholding, suspension, and revocation of driver's licenses, professional and occupational licenses, and recreational licenses of individuals owing overdue support or failing, after receiving appropriate notice, to comply with subpoenas or orders relating to paternity or child support proceedings pursuant to Section 78B-6-315.
(6) It is the duty of the attorney general or the county attorney of any county in which a cause of action can be filed, to represent the office. Neither the attorney general nor the county attorney represents or has an attorney-client relationship with the obligee or the obligor in carrying out the duties arising under this chapter.
(7) The office, with department approval, is authorized to receive any grants or stipends from the federal government or other public or private source designed to aid the efficient and effective operation of the recovery program.
(8) The office may adopt, amend, and enforce rules as may be necessary to carry out the provisions of this chapter.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 9 - Recovery Services and Administration of Child Support › Part 1 - Office of Recovery Services › Section 109 - Office designated as criminal justice agency -- Access by IV-D agencies to motor vehicle and law enforcement data through the office.

Effective 5/3/2023
26B-9-109.
Office designated as criminal justice agency -- Access by IV-D agencies to motor vehicle and law enforcement data through the office.
(1) The office is designated as a criminal justice agency for the purpose of requesting and obtaining access to criminal justice information, subject to appropriate federal, state, and local agency restrictions governing the dissemination of that information.
(2) All federal and state agencies conducting activities under Title IV-D of the Social Security Act shall have access through the office to any system used by this state to locate an individual for purposes relating to motor vehicles or law enforcement.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 9 - Recovery Services and Administration of Child Support › Part 1 - Office of Recovery Services › Section 111 - Assignment of support -- Children in state custody.

Effective 5/3/2023
26B-9-111.
Assignment of support -- Children in state custody.
(1) Child support is assigned to the department by operation of law when a child is residing outside of his home in the protective custody, temporary custody, custody, or care of the state for at least 30 days.
(2) The department has the right to receive payment for child support assigned to it under Subsection (1).
(3) The Office of Recovery Services is the payee for the department for payment received under this section.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 9 - Recovery Services and Administration of Child Support › Part 1 - Office of Recovery Services › Section 112 - Alternative payment by obligor through electronic funds transfer.

Effective 5/3/2023
26B-9-112.
Alternative payment by obligor through electronic funds transfer.
(1) The office may enter into a written alternative payment agreement with an obligor which provides for electronic payment of child support under Part 3, Income Withholding in IV-D Cases, or Part 4, Income Withholding in Non IV-D Cases. Electronic payment shall be accomplished through an automatic withdrawal from the obligor's account at a financial institution.
(2) The alternative payment agreement shall:
(a) provide for electronic payment of child support in lieu of income withholding;
(b) specify the date on which electronic payments will be withdrawn from an obligor's account; and
(c) specify the amount which will be withdrawn.
(3) The office may terminate the agreement and initiate immediate income withholding, as defined in Section 26B-9-301, if:
(a) required to meet federal or state requirements or guidelines;
(b) funds available in the account at the scheduled time of withdrawal are insufficient to satisfy the agreement; or
(c) requested by the obligor.
(4) If the payment amount requires adjusting, the office may initiate a new written agreement with the obligor. If, for any reason, the office and obligor fail to agree on the terms, the office may terminate the agreement and initiate income withholding.
(5) If an agreement is terminated for insufficient funds, a new agreement may not be entered into between the office and obligor for a period of at least 12 months.
(6) The office shall make rules specifying eligibility requirements for obligors to enter into alternative payment agreements.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 9 - Recovery Services and Administration of Child Support › Part 1 - Office of Recovery Services › Section 113 - Mandatory distribution to obligee through electronic funds transfer.

Effective 5/3/2023
26B-9-113.
Mandatory distribution to obligee through electronic funds transfer.
(1) Notwithstanding any provision of this chapter to the contrary, the office shall, except as provided in Subsection (3), distribute child support payments, under Subsection 26B-9-312(2) or Section 26B-9-406, by electronic funds transfer.
(2) Distribution of child support payments by electronic payment under this section shall be made to:
(a) an account of the obligee; or
(b) an account that may be accessed by the obligee through the use of an electronic access card.
(3)
(a) Subject to Subsection (3)(b), the office may make rules, pursuant to Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to allow exceptions to the requirement to make distributions by electronic funds transfer under Subsection (1).
(b) The rules described in Subsection (3)(a) may only allow exceptions under circumstances where:
(i) requiring distribution by electronic funds transfer would result in an undue hardship to the office or a person; or
(ii) it is not likely that distribution will be made to the obligee on a recurring basis.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 9 - Recovery Services and Administration of Child Support › Part 2 - Child Support Services › Section 202 - Common-law and statutory remedies augmented by act -- Public policy.

Effective 5/3/2023
26B-9-202.
Common-law and statutory remedies augmented by act -- Public policy.
The state of Utah, exercising its police and sovereign power, declares that the common-law and statutory remedies pertaining to family desertion and nonsupport of minor dependent children shall be augmented by this part, which is directed to the real and personal property resources of the responsible parents. In order to render resources more immediately available to meet the needs of minor children, it is the legislative intent that the remedies provided in this part are in addition to, and not in lieu of, existing law. It is declared to be the public policy of this state that this part be liberally construed and administered to the end that children shall be maintained from the resources of responsible parents, thereby relieving or avoiding, at least in part, the burden often borne by the general citizenry through public assistance programs.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 9 - Recovery Services and Administration of Child Support › Part 2 - Child Support Services › Section 203 - Application for child support services.

Effective 5/3/2023
26B-9-203.
Application for child support services.
(1) Any person applying to the office for child support services shall be required to attest to the truthfulness of the information contained in the application.
(2) The attestation shall indicate that the person believes that all information provided is true and correct to the best of their knowledge and that knowingly providing false or misleading information is a violation of Section 76-8-504 and may result in prosecution, case closure for failure to cooperate, or both.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 9 - Recovery Services and Administration of Child Support › Part 2 - Child Support Services › Section 204 - Annual fee for child support services to a custodial parent who has not received TANF assistance.

Effective 5/3/2023
26B-9-204.
Annual fee for child support services to a custodial parent who has not received TANF assistance.
(1) The office shall impose an annual fee of $35 in each case in which services are provided by the office if:
(a) the custodial parent who received the services has never received assistance under a state program funded under Title IV, Part A of the Social Security Act; and
(b) the office has collected at least $550 of child support in the case.
(2) The fee described in Subsection (1) shall be:
(a) subject to Subsection (3), retained by the office from child support collected on behalf of the custodial parent described in Subsection (1)(a); or
(b) paid by the custodial parent described in Subsection (1)(a).
(3) A fee retained under Subsection (2)(a) may not be retained from the first $550 of child support collected in the case.
(4) The fees collected under this section shall be deposited in the General Fund as a dedicated credit to be used by the office for the purpose of collecting child support.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 9 - Recovery Services and Administration of Child Support › Part 2 - Child Support Services › Section 208 - Financial institutions.

Effective 5/3/2023
26B-9-208.
Financial institutions.
(1) The office shall enter into agreements with financial institutions doing business in the state:
(a) to develop and operate, in coordination with such financial institutions, a data match system that:
(i) uses automated data exchanges to the maximum extent feasible; and
(ii) requires a financial institution each calendar quarter to provide the name, record address, social security number, other taxpayer identification number, or other identifying information for each obligor who:
(A) maintains an account at the institution; and
(B) owes past-due support as identified by the office by name and social security number or other taxpayer identification number; and
(b) to require a financial institution upon receipt of a notice of lien to encumber or surrender assets held by the institution on behalf of an obligor who is subject to a child support lien in accordance with Section 26B-9-205.
(2) The office may pay a reasonable fee to a financial institution for compliance with Subsection (1)(a), which may not exceed the actual costs incurred.
(3) A financial institution may not be liable under any federal or state law to any person for any disclosure of information or action taken in good faith under Subsection (1).
(4) The office may disclose a financial record obtained from a financial institution under this section only for the purpose of, and to the extent necessary in, establishing, modifying, or enforcing a child support obligation.
(5) If an employee of the office knowingly, or by reason of negligence, discloses a financial record of an individual in violation of Subsection (4), the individual may bring a civil action for damages in a district court of the United States as provided for in the Social Security Act, 42 U.S.C. Sec. 669A.
(6) The office shall provide notice and disburse funds seized or encumbered under this section in accordance with Section 26B-9-205.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 9 - Recovery Services and Administration of Child Support › Part 2 - Child Support Services › Section 209 - Support collection services requested by agency of another state.

Effective 5/3/2023
26B-9-209.
Support collection services requested by agency of another state.
(1) In accordance with Title 78B, Chapter 14, Utah Uniform Interstate Family Support Act, the office may proceed to issue or modify an order under Section 26B-9-206 to collect under this part from an obligor who is located in or is a resident of this state regardless of the presence or residence of the obligee if:
(a) support collection services are requested by an agency of another state that is operating under Part IV-D of the Social Security Act; or
(b) an individual applies for services.
(2) The office shall use high-volume automated administrative enforcement, to the same extent it is used for intrastate cases, in response to a request made by another state's IV-D child support agency to enforce support orders.
(3) A request by another state shall constitute a certification by the requesting state:
(a) of the amount of support under the order of payment of which is in arrears; and
(b) that the requesting state has complied with procedural due process requirements applicable to the case.
(4) The office shall give automated administrative interstate enforcement requests the same priority as a two-state referral received from another state to enforce a support order.
(5) The office shall promptly report the results of the enforcement procedures to the requesting state.
(6) As required by the Social Security Act, 42 U.S.C. Sec. 666(a)(14), the office shall maintain records of:
(a) the number of requests for enforcement assistance received by the office under this section;
(b) the number of cases for which the state collected support in response to those requests; and
(c) the amount of support collected.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 9 - Recovery Services and Administration of Child Support › Part 2 - Child Support Services › Section 210 - Issuance or modification of an order to collect support for persons not receiving public assistance.

Effective 5/3/2023
26B-9-210.
Issuance or modification of an order to collect support for persons not receiving public assistance.
The office may proceed to issue or modify an order under Section 26B-9-206 and collect under this part even though public assistance is not being provided on behalf of a dependent child if the office provides support collection services in accordance with:
(1) an application for services provided under Title IV-D of the federal Social Security Act;
(2) the continued service provisions of Subsection 26B-9-213(5); or
(3) the interstate provisions of Section 26B-9-209.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 9 - Recovery Services and Administration of Child Support › Part 2 - Child Support Services › Section 211 - Mandatory review and adjustment of child support orders for TANF recipients.

Effective 5/3/2023
26B-9-211.
Mandatory review and adjustment of child support orders for TANF recipients.
If a child support order has not been issued, adjusted, or modified within the previous three years and the children who are the subject of the order currently receive TANF funds, the office shall review the order, and if appropriate, move the tribunal to adjust the amount of the order if there is a difference of 10% or more between the payor's ordered support amount and the payor's support amount required under the guidelines.
Renumbered and Amended by Chapter 305, 2023 General Session