26B-1-409. Utah Digital Health Service Commission — Creation — Membership — Duties.
| (1) |
As used in this section:
Terms Used In Utah Code 26B-1-409- Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
- Executive director: means the executive director of the department appointed under Section 26B-1-203. See Utah Code 26B-1-102
- Person: means :Utah Code 68-3-12.5
- Quorum: The number of legislators that must be present to do business.
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
| (a) |
“Commission” means the Utah Digital Health Service Commission created in this section. |
| (b) |
“Digital health service” means the electronic transfer, exchange, or management of related data for diagnosis, treatment, consultation, educational, public health, or other related purposes. |
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| (2) |
There is created within the department the Utah Digital Health Service Commission. |
| (3) |
The governor shall appoint 13 members to the commission with the advice and consent of the Senate, as follows:
| (a) |
a physician who is involved in digital health service; |
| (b) |
a representative of a health care system or a licensed health care facility as defined in Section 26B-2-201; |
| (c) |
a representative of rural Utah, which may be a person nominated by an advisory committee on rural health issues; |
| (d) |
a member of the public who is not involved with digital health service; |
| (e) |
a nurse who is involved in digital health service; and |
| (f) |
eight members who fall into one or more of the following categories:
| (i) |
individuals who use digital health service in a public or private institution; |
| (ii) |
individuals who use digital health service in serving medically underserved populations; |
| (iii) |
nonphysician health care providers involved in digital health service; |
| (iv) |
information technology professionals involved in digital health service; |
| (v) |
representatives of the health insurance industry; |
| (vi) |
telehealth digital health service consumer advocates; and |
| (vii) |
individuals who use digital health service in serving mental or behavioral health populations. |
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| (4) |
| (a) |
The commission shall annually elect a chairperson from its membership. The chairperson shall report to the executive director of the department. |
| (b) |
The commission shall hold meetings at least once every three months. Meetings may be held from time to time on the call of the chair or a majority of the board members. |
| (c) |
Seven commission members are necessary to constitute a quorum at any meeting and, if a quorum exists, the action of a majority of members present shall be the action of the commission. |
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| (5) |
| (a) |
Except as provided in Subsection (5)(b), a commission member shall be appointed for a three-year term and eligible for two reappointments. |
| (b) |
Notwithstanding Subsection (5)(a), the governor shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of commission members are staggered so that approximately 1/3 of the commission is appointed each year. |
| (c) |
A commission member shall continue in office until the expiration of the member’s term and until a successor is appointed, which may not exceed 90 days after the formal expiration of the term. |
| (d) |
Notwithstanding Subsection (5)(c), a commission member who fails to attend 75% of the scheduled meetings in a calendar year shall be disqualified from serving. |
| (e) |
When a vacancy occurs in membership for any reason, the replacement shall be appointed for the unexpired term. |
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| (6) |
A member may not receive compensation or benefits for the member’s service, but, at the executive director’s discretion, may receive per diem and travel expenses in accordance with:
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| (7) |
The department shall provide informatics staff support to the commission. |
| (8) |
The funding of the commission shall be a separate line item to the department in the annual appropriations act. |
| (9) |
The commission shall:
| (a) |
advise and make recommendations on digital health service issues to the department and other state entities; |
| (b) |
advise and make recommendations on digital health service related patient privacy and information security to the department; |
| (c) |
promote collaborative efforts to establish technical compatibility, uniform policies, privacy features, and information security to meet legal, financial, commercial, and other societal requirements; |
| (d) |
identify, address, and seek to resolve the legal, ethical, regulatory, financial, medical, and technological issues that may serve as barriers to digital health service; |
| (e) |
explore and encourage the development of digital health service systems as a means of reducing health care costs and increasing health care quality and access, with emphasis on assisting rural health care providers and special populations with access to or development of electronic medical records; |
| (f) |
seek public input on digital health service issues; and |
| (g) |
in consultation with the department, advise the governor and Legislature on:
| (i) |
the role of digital health service in the state; |
| (ii) |
the policy issues related to digital health service; |
| (iii) |
the changing digital health service needs and resources in the state; and |
| (iv) |
state budgetary matters related to digital health service. |
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Renumbered and Amended by Chapter 305, 2023 General Session
