Testing for COVID-19 for high-risk individuals at care facilities -- Collection and release of information regarding risk factors and comorbidities for COVID-19.

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  • (1) As used in this section:
    • (a) "Care facility" means a facility described in Subsections 26-6-6(2) through (6).
    • (b) "COVID-19" means the same as that term is defined in Section 78B-4-517.
  • (2)
    • (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.
    • (b) The department:
      • (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;
      • (ii) may establish criteria to identify care facilities where individuals are at high risk for COVID-19; and
      • (iii) may establish who is responsible for the costs of the testing.
    • (c)
      • (i) The protocols described in Subsection (2)(b)(i) shall:
        • (A) notwithstanding Subsection (2)(a), permit an individual who is a resident of a care facility to refuse testing; and
        • (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.
      • (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:
        • (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
        • (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)
    • (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.
    • (b) The department may work with a state agency as defined in Section 63A-17-901, to perform the analysis or publish the information described in Subsection (4)(a).




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