Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Health It topic
No spam. Unsubscribe anytime.
House passes bill extending state use of electronic health information exchange with opt-out protections
Summary
First substitute House Bill 46 would allow state-funded medical program participants (Medicaid, CHIP, PEHP and state employees) to have records available on the Clinical Health Information Exchange (CHI) with an opt-out and continuous notification mechanism; supporters said records remain encrypted and CHI is an information highway, not a repository.
SALT LAKE CITY — The Utah House passed first substitute House Bill 46 on Jan. 30 after floor amendments that clarified notification and opt-out procedures for state-funded participants in the Clinical Health Information Exchange (CHI).
Representative Menlove, sponsor of the bill, said the CHI functions as an "information highway" that facilitates encrypted exchange of electronic health records held at provider locations and stressed the proposal is opt-out: "This is very clearly an opt out, meaning your records are there. You can immediately opt out," Menlove said.
Members raised privacy concerns and asked how records would be accessed. Representative Litvak asked whether access would be automatic or require a precipitating clinical event. Menlove answered that records would only be exchanged in response to a request for treatment and that there must be a purpose for the exchange. Representative Dunnigan said the amendment strengthens patients' notice and opt-out rights and supported the change.
The amendment (Amendment No. 1) requires systematic notification before and during enrollment so individuals know they can opt out; the sponsor said all HIPAA protections apply and that exchanged records are encrypted for privacy. The bill as amended passed the House, 66–7, and will be transmitted to the Senate.
Supporters argued the CHI will improve care coordination, reduce duplicate testing and help in emergencies. Opponents warned about privacy risks and slow private-sector adoption; the sponsor said private adoption has been slow and the bill applies specifically to state-funded programs rather than the private market.
The House's action advances the CHI expansion with clarified notification and opt-out safeguards; sponsors said implementation details and privacy protections remain important follow-ups.
