Section R850-13-400 - Submitting Proprietary Information Under Confidentiality1. If the agency requires and/or a provider desires to submit proprietary information to the agency under confidentiality, the provider shall make a written request for confidentiality to the director. The request for confidentiality must contain: (a) a claim that the information is of a proprietary nature and a concise statement of reasons supporting the claim;(b) a claim that the information has not been publicly disclosed; and(c) a request for confidential treatment of any or all of the proprietary information.2. The director shall notify the provider in writing of whether the director agrees that any or all of the information is of a proprietary nature. To the extent possible, the agency shall not review the substantive details of the information submitted under a confidentiality request until after the director has agreed that the information is proprietary in nature. If the director does not agree that the information is proprietary, the director shall notify the provider and upon the provider's request, return the information to the provider.3. A provider may make a confidentiality request prior to or after submitting the proprietary information to the agency. Failure to request confidential treatment of proprietary information before the agency discloses the information to a third party constitutes waiver of a claim of confidentiality with respect to the proprietary information so disclosed.4. The director and provider may agree in writing that certain categories of information are proprietary and such agreement means that all information previously submitted, or thereafter submitted, within the agreed-upon category will be treated as confidential pursuant to R850-13-500(1).5. The agency may execute a confidentiality agreement with a provider consistent with these rules.Utah Admin. Code R850-13-400
Adopted by Utah State Bulletin Number 2021-18, effective 9/8/2021