26B-7-222. Testing for COVID-19 for high-risk individuals at care facilities — Collection and release of information regarding risk factors and comorbidities for COVID-19.
| (1) |
As used in this section:
Terms Used In Utah Code 26B-7-222- Local health department: means the same as that term is defined in Section 26A-1-102. See Utah Code 26B-1-102
- 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) |
“Care facility” means a facility described in Subsections 26B-7-206(2) through (6). |
| (b) |
“COVID-19” means the same as that term is defined in Section 78B-4-517. |
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| (2) |
| (a) |
At the request of the department or a local health department, an individual who meets the criteria established by the department under Subsection (2)(b) shall submit to testing for COVID-19. |
| (b) |
The department:
| (i) |
shall establish protocols to identify and test individuals who are present at a care facility and are at high risk for contracting COVID-19; |
| (ii) |
may establish criteria to identify care facilities where individuals are at high risk for COVID-19; and |
| (iii) |
may establish who is responsible for the costs of the testing. |
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| (c) |
| (i) |
The protocols described in Subsection (2)(b)(i) shall:
| (A) |
notwithstanding Subsection (2)(a), permit an individual who is a resident of a care facility to refuse testing; and |
| (B) |
specify criteria for when an individual’s refusal to submit to testing under Subsection (2)(c)(i)(A) endangers the health or safety of other individuals at the care facility. |
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| (ii) |
Notwithstanding any other provision of state law, a care facility may discharge a resident who declines testing requested by the department under Subsection (2)(a) if:
| (A) |
under the criteria specified by the department under Subsection (2)(c)(i)(B), the resident’s refusal to submit to testing endangers the health or safety of other individuals at the care facility; and |
| (B) |
discharging the resident does not violate federal law. |
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| (3) |
The department may establish protocols to collect information regarding the individual’s age and relevant comorbidities from an individual who receives a positive test result for COVID-19. |
| (4) |
| (a) |
The department shall publish deidentified information regarding comorbidities and other risk factors for COVID-19 in a manner that is accessible to the public. |
| (b) |
The department may work with a state agency as defined in Section 67-27-102, to perform the analysis or publish the information described in Subsection (4)(a). |
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Renumbered and Amended by Chapter 308, 2023 General Session
