Utah Code § 26B-8-505

Comparative analyses
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(1) The department may publish compilations or reports that compare and identify health care
providers or data suppliers from the data it collects under this part or from any other source.
(2)
(a) Except as provided in Subsection (7)(c), the department shall publish compilations or reports
from the data it collects under this part or from any other source which:
(i) contain the information described in Subsection (2)(b); and
(ii) compare and identify by name at least a majority of the health care facilities, health care
plans, and institutions in the state.
(b) Except as provided in Subsection (7)(c), the report required by this Subsection (2) shall:
(i) be published at least annually;
(ii) list, as determined by the department, the median paid amount for at least the top 50
medical procedures performed in the state by volume;
(iii) describe the methodology approved by the department to determine the amounts described
in Subsection (2)(b)(ii); and
(iv) contain comparisons based on at least the following factors:
(A) nationally or other generally recognized quality standards;
(B) charges; and
(C) nationally recognized patient safety standards.
(3)

(a) The department may contract with a private, independent analyst to evaluate the standard
comparative reports of the department that identify, compare, or rank the performance of data
suppliers by name.
(b) The evaluation described in this Subsection (3) shall include a validation of statistical
methodologies, limitations, appropriateness of use, and comparisons using standard health
services research practice.
(c) The independent analyst described in Subsection (3)(a) shall be experienced in analyzing
large databases from multiple data suppliers and in evaluating health care issues of cost,
quality, and access.
(d) The results of the analyst's evaluation shall be released to the public before the standard
comparative analysis upon which it is based may be published by the department.
(4) The department, in consultation with the committee shall make rules in accordance with Title
63G, Chapter 3, Utah Administrative Rulemaking Act, to adopt a timetable for the collection and
analysis of data from multiple types of data suppliers.
(5) The comparative analysis required under Subsection (2) shall be available free of charge and
easily accessible to the public.
(6)
(a) The department shall include in the report required by Subsection (2)(b), or include in a
separate report, comparative information on commonly recognized or generally agreed upon
measures of cost and quality identified in accordance with Subsection (7), for:
(i) routine and preventive care; and
(ii) the treatment of diabetes, heart disease, and other illnesses or conditions as determined by
the department.
(b) The comparative information required by Subsection (6)(a) shall be based on data collected
under Subsection (2) and clinical data that may be available to the department, and shall
compare:
(i) results for health care facilities or institutions;
(ii) results for health care providers by geographic regions of the state;
(iii) a clinic's aggregate results for a physician who practices at a clinic with five or more
physicians; and
(iv) a geographic region's aggregate results for a physician who practices at a clinic with less
than five physicians, unless the physician requests physician-level data to be published on a
clinic level.
(c) The department:
(i) may publish information required by this Subsection (6) directly or through one or more
nonprofit, community-based health data organizations; and
(ii) may use a private, independent analyst under Subsection (3)(a) in preparing the report
required by this section.
(d) A report published by the department under this Subsection (6):
(i) is subject to the requirements of Section 26B-8-506; and
(ii) shall, prior to being published by the department, be submitted to a neutral, non-biased
entity with a broad base of support from health care payers and health care providers in
accordance with Subsection (7) for the purpose of validating the report.
(7)
(a) The department shall, for purposes of Subsection (6)(a), use the quality measures that are
developed and agreed upon by a neutral, non-biased entity with a broad base of support from
health care payers and health care providers.

(b) If the entity described in Subsection (7)(a) does not submit the quality measures, the
department may select the appropriate number of quality measures for purposes of the report
required by Subsection (6).
(c)
(i) For purposes of the reports published on or after July 1, 2014, the department may not
compare individual facilities or clinics as described in Subsections (6)(b)(i) through (iv) if the
department determines that the data available to the department can not be appropriately
validated, does not represent nationally recognized measures, does not reflect the mix of
cases seen at a clinic or facility, or is not sufficient for the purposes of comparing providers.
(ii) The department shall report to the Health and Human Services Interim Committee prior to
making a determination not to publish a report under Subsection (7)(c)(i).

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