DAR File No. 37596

Health, Administration

Rule R380-250

HIPAA Privacy Rule Implementation

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 37596
Filed: 05/06/2013 08:01:20 AM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Section 26-1-5 grants the Department of Health the power to adopt, amend, or rescind rules that shall have the force and effect of law. Section 26-1-17 also requires the Executive Director to comply with federal law by implementing standards of employee conduct that safeguard protected health information (PHI).

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

The Department has not receive any written or oral comments regarding this rule.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

The Department will continue this rule because it sets forth the responsibility of covered programs to safeguard health information in accordance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA). It will also continue this rule to allow individuals under HIPAA to access their PHI, request to amend their PHI, and to request an accounting of disclosures.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Health
Administration
CANNON HEALTH BLDG
288 N 1460 W
SALT LAKE CITY, UT 84116-3231

Direct questions regarding this rule to:

• Craig Devashrayee at the above address, by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov

Authorized by:

David Patton, Executive Director

Effective:

05/06/2013