§ 25-58-105 — Requirements for covered entities - penalty for noncompliance

(1) Not later than sixty days after the department issues or updates the service
availability form, each covered entity shall submit a completed service availability
form to the department. A covered entity shall also submit an updated service
availability form within thirty days after making a change to the availability of a
health-care service identified on the service availability form.

(2) Not later than October 1, 2024, each covered entity shall adopt a policy
for providing patients with its current service availability form during scheduling for
LGBTQ health-care services, reproductive health-care services, or end-of-life
health-care services, and at the time privacy requirements specified in the federal
Health Insurance Portability and Accountability Act of 1996, Pub.L. 104-191, as
amended, are provided to patients prior to the initiation of health-care services, or
upon request, and for recording the patient's receipt of the form. The covered
entity's policy must also encourage health-care professionals who have privileges
with the covered entity to provide the covered entity's service availability form to
the patient or the patient's representative prior to any scheduled health-care
service at the covered entity.

(3) On and after October 1, 2024, each covered entity shall:

(a) Provide the current service availability form to the patient or the patient's
representative during scheduling for LGBTQ health-care services, reproductive
health-care services, or end-of-life health-care services and at the time privacy
requirements specified in the federal Health Insurance Portability and
Accountability Act of 1996, Pub.L. 104-191, as amended, are provided to patients
before any health-care service is initiated. If providing the current service
availability form is impracticable because of an emergency or other circumstances,
the covered entity may delay the provision of the service availability form, as
appropriate.

(b) Maintain a record of the patient's or the patient's representative's receipt
of the service availability form; and

(c) Provide the current service availability form to any person upon request.

(4) A covered entity that fails to comply with this section is subject to a fine
not exceeding one thousand dollars for each day that the covered entity is not in
compliance with this section.

Legislative History

Source: L. 2023: Entire article added, (HB 23-1218), ch. 155, p. 667, � 1, effective August 7.