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Utah Senate approves testing and data-sharing measures for high‑risk care facilities
Summary
The Utah Senate passed SB 5011 on June 18, 2020, authorizing the Department of Health to share certain COVID‑19 data with state agencies and to develop protocols that permit required testing in assisted‑living centers and group homes; the bill allows residents to decline testing but permits discharge under narrowly defined protocols consistent with federal law.
The Utah Senate on Thursday passed Senate Bill 5011, directing the state Department of Health to share COVID‑19 data with other state agencies and to adopt protocols for testing in assisted‑living centers, group homes and similar facilities that house high‑risk populations. Sponsor Sen. Bramble said the measure is aimed at protecting residents after a large share of the state’s COVID‑19 fatalities were traced to long‑term care settings.
"The Department of Health shall provide the data that they've already been collecting so long as it meets all federal and state criteria for confidentiality," Bramble said, explaining the bill’s data‑sharing provision. He added the bill gives the department authority to require testing at covered facilities and to collect age and comorbidity information when someone tests positive to help determine causes of death.
Supporters said the bill balances individual liberty with community protection. Bramble noted residents or staff retain the right to decline testing, but the bill permits a facility to discharge a resident who refuses testing if the department’s protocols — which must comply with federal law — find the refusal endangers the health or safety of others. "The bill requires the Department of Health to put forward the protocols," he said, adding the measure expressly requires compliance with federal protections that limit facility discharges.
Senators pressed sponsors about whether staff would be tested and what remedies exist for employees who refuse testing or who are later hospitalized. Bramble and other supporters said the measure authorizes testing of employees as well as residents and does not change workers’ compensation rules or other existing employment law. Senator Bramble said the statute anticipates protocol development by the department to meet scientific and medical standards rather than prescribing an exact number of tests.
Opponents raised concerns about rapid enactment without a public hearing and about potential misuse of discharge authority. Sponsor and other backers responded the bill is a first, time‑sensitive step to address outbreaks in facilities and that lawmakers expect to refine protocols in future sessions if needed.
The Senate passed SB 5011 under suspension of the rules and the bill was sent to the House for consideration.
