Utah Admin. Code R428-2-2 - Definitions

(1) Terms used in this rule are defined in Section 26B-8-501. Additionally, the following definitions apply to Title R428:
(2) "Adjudicated claim" means a claim submitted to a carrier for payment where the carrier has made a determination whether the services provided fall under the carrier's benefit.
(3) "Ambulatory surgery data" means the consolidation of complete billing, medical, and personal information describing a patient, the services received, and charges billed for a surgical or diagnostic procedure treatment in an outpatient setting into a data record.
(4) "Ambulatory surgical facility" means the same as defined in Section 26B-2-201.
(5) "Carrier" means any of the following third party payors as defined in Subsection 26B-8-501(14):
(a) an insurer engaged in the business of health care or dental insurance in Utah, as defined in Section 31A-1-301;
(b) a business under an administrative services organization or administrative services contract arrangement;
(c) a third party administrator, as defined in Section 31A-1-301, licensed by Utah that collects premiums or settles claims of residents of the state, for health care insurance policies or health benefit plans, as defined in Section 31A-1-301;
(d) a governmental plan, as defined in Section 414(d), Internal Revenue Code, that provides health care benefits;
(e) a program funded or administered by Utah for the provision of health care services, including Medicaid, the Utah Children's Health Insurance Program created under Section 26B-3-902, and the medical assistance programs described in Title 26B, Chapter 3, Part 1, Medical Assistance Act or any entity under a contract with the Utah Department of Health and Human Services to serve clients under such a program;
(f) a non-electing church plan, as described in Section 410(d), Internal Revenue Code, that provides health care benefits;
(g) a licensed professional employer organization as defined in Section 31a-40-102 acting as an administrator of a health care insurance plan;
(h) a health benefit plan funded by a self-insurance arrangement;
(i) the Public Employees' Benefit and Insurance Program created in Section 49-20-103;
(j) a pharmacy benefit manager, defined to be a person that provides pharmacy benefit management services as defined in Section 49-20-502 on behalf of any other carrier defined in Section R428-2-3.
(6) "Claim" means a request or demand on a carrier for payment of a benefit.
(7) "Control number" means a number or other identifier that:
(a) is assigned by the department to an individual's health data;
(b) is consistent with the best practices of data privacy; and
(c) is used to ensure health data is not able to be readily associated with an individual when the health data is provided for research or statistical analysis.
(8) "Covered period" means the calendar year on which the data used for the calculation of HEDIS measures is based.
(9) "Data element" means the specific information collected and recorded for health care and health service delivery. Data elements include information to identify the individual, health care provider, data supplier, service provided, charge for service, payer source, medical diagnosis, and medical treatment.
(10) "Department" means the Utah Department of Health and Human Services.
(11) "De-identified data" means data that does not contain the 18 identifiers itemized in the Health Insurance Portability and Accountability Act (HIPAA) of 1996, Pub. L. No. 104-191, or specifically, the Privacy Rule, 45 CFR 164.514 (2024), and does not otherwise contain information which can be reasonably used to identify and individual.
(12) "Discharge data" means the consolidation of complete billing, medical, and personal information describing a patient, the services received, and charges billed for a single inpatient hospital stay into a discharge data record.
(13) "Eligible enrollee" means an enrollee who meets the criteria outlined in survey specifications published by the NCQA.
(14) "Emergency room data" means the consolidation of complete billing, medical, and personal information describing a patient, the services received, and charges billed for a single visit and treatment of a patient in an emergency room into an emergency room data record.
(15) "Enrollee" means any individual who has entered into a contract with a carrier for health care or on whose behalf such an arrangement has been made.
(16) "Health insurance" means the same as defined in Section 31A-1-301.
(17) "Healthcare claims data" means information consisting of, or derived directly from member enrollment, medical claims, pharmacy claims, and dental claims that this rule requires a carrier to report.
(18) "Healthcare facility" means a hospital or ambulatory surgical facility.
(19) "Healthcare facility data" means ambulatory surgery data, discharge data, or emergency room data.
(20) "HEDIS" means the Healthcare Effectiveness Data and Information Set, a set of standardized performance measures developed by the NCQA.
(21) "HEDIS data" means the complete set of HEDIS measures calculated by the carriers according to NCQA specifications, including a set of required measures and voluntary measures defined by the department, in consultation with the carriers.
(22) "Hospital" means a general acute hospital or specialty hospital as defined in Section 26B-2-201 that is licensed under Title R432.
(23) "Identifiable health data" means any item, collection, or grouping of data which makes the individual supplying it or described in the data identifiable. Identifiable data may also be referred to as limited data.
(24)
(a) "Limited data" means data that does not contain 16 of the 18 identifiers itemized by the HIPAA Privacy Rule for creating de-identified data.
(b) Of the 18 identifiers, limited data shall only contain:
(i) ages in years, months, or days or hours, and single category for those ages 89 and older;
(ii) city, state, five digits or more zip code; and
(iii) dates such as admission, discharge, service, date of birth, date of death.
(c) Limited data is considered to be identifiable data and subject to the same restrictions unless an exception is granted in writing.
(25) "NCQA" means the National Committee for Quality Assurance, a not-for-profit organization committed to evaluating and reporting on the quality of managed care plans.
(26) "Patient Social Security number" is the social security number of a person receiving health care.
(27) "Performance measure" means the quantitative, numerical measure of an aspect of the carrier, or its membership in part or in its entirety, or qualitative, descriptive information on the carrier in its entirety as described in HEDIS.
(28) "Report" means a disclosure of data or information collected or produced by the department, including a compilation, study, or analysis designed to meet the needs of specific audiences.
(29) "Research and statistical purposes" means having the objective of creating knowledge or answering questions, including a systematic investigation that includes development, testing, and evaluation; the description, estimation, projection, or analysis of the characteristics of individuals, groups, or organizations; an analysis of the relationships between or among these characteristics; the identification or creation of sampling frames and the selection of samples; the preparation and publication of reports describing these matters; and the development, implementation, and maintenance of methods, procedures, or resources to support the efficient use or management of the data.
(30) "Sample file" means the data file containing records of selected eligible enrollees drawn by the survey agency from the carrier's sampling frame.
(31) "Sampling frame" means the carrier enrollment file as described in the criteria outlined by the NCQA survey specifications.
(32) "Submission year" means the year immediately following the covered period.
(33) "Survey agency" means an independent contractor on contract with the Health Care Statistics Program.
(34) "Utah Health Care Performance Measurement Plan" means the plan for data collection and public reporting of health-related measures, adopted by the department to establish a statewide health performance reporting system.
(35) "Utah Healthcare Facility Data Submission Guide" means the document referenced in Subsection R428-1-4(1).
(36) "NCQA Survey Specifications" means the document referenced in Subsection R428-1-4(2).
(37) "NCQA HEDIS Specifications" means the document referenced in Subsection R428-1-4(3).
(38) "Data Submission Guide for Claims Data" means the document referenced in Subsection R428-1-4(4).
(39) "Violation" means a failure to comply with any requirement found in Title R428 by a person or entity subject to Title R428.
(40) "Violator" means any person or entity subject to Title R428 who does not comply with a requirement in Title R428.

Notes

Utah Admin. Code R428-2-2
Amended by Utah State Bulletin Number 2015-1, effective 12/8/2014 Amended by Utah State Bulletin Number 2015-16, effective 7/30/2015 Amended by Utah State Bulletin Number 2015-24, effective 11/30/2015 Amended by Utah State Bulletin Number 2016-8, effective 3/25/2016 Amended by Utah State Bulletin Number 2017-1, effective 12/15/2016 Amended by Utah State Bulletin Number 2018-1, effective 12/13/2017 Amended by Utah State Bulletin Number 2022-18, effective 9/1/2022 Amended by Utah State Bulletin Number 2025-03, effective 1/27/2025

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