Utah Code Ann. § 26B-7-222 – Testing for COVID-19 for high-risk individuals at care facilities -- Collection and release of information regarding risk factors and comorbidities for COVID-19.

(1) As used in this section:
1. (a) "Care facility" means a facility described in Subsections 26B-7-206(2) through (6).
2. (b) "COVID-19" means the same as that term is defined in Section 78B-4-517.
(2)
1. (a) At the request of the department or a local health department, an individual who meets the criteria established by the department under Subsection (2)(b) shall submit to testing for COVID-19.
2. (b) The department:
  1. (i) shall establish protocols to identify and test individuals who are present at a care facility and are at high risk for contracting COVID-19;
  2. (ii) may establish criteria to identify care facilities where individuals are at high risk for COVID-19; and
  3. (iii) may establish who is responsible for the costs of the testing.
3. (c)
  1. (i) The protocols described in Subsection (2)(b)(i) shall:
    1. (A) notwithstanding Subsection (2)(a), permit an individual who is a resident of a care facility to refuse testing; and
    2. (B) specify criteria for when an individual's refusal to submit to testing under Subsection (2)(c)(i)(A) endangers the health or safety of other individuals at the care facility.
  2. (ii) Notwithstanding any other provision of state law, a care facility may discharge a resident who declines testing requested by the department under Subsection (2)(a) if:
    1. (A) under the criteria specified by the department under Subsection (2)(c)(i)(B), the resident's refusal to submit to testing endangers the health or safety of other individuals at the care facility; and
    2. (B) discharging the resident does not violate federal law.
(3) The department may establish protocols to collect information regarding the individual's age and relevant comorbidities from an individual who receives a positive test result for COVID-19.
(4)
1. (a) The department shall publish deidentified information regarding comorbidities and other risk factors for COVID-19 in a manner that is accessible to the public.
2. (b) The department may work with a state agency as defined in Section 67-27-102, to perform the analysis or publish the information described in Subsection (4)(a).

Renumbered and Amended by Chapter 308, 2023 General Session