CHAPTER 260
HB 1398 – FINAL VERSION
27Jan2010… 0151h
05/12/10 1933s
2010 SESSION
01/03
HOUSE BILL 1398
AN ACT allowing a surviving spouse to have access to the deceased spouse’s medical records when there is no estate administration.
SPONSORS: Rep. Emerson, Ches 7; Rep. W. Smith, Rock 18; Rep. Kotowski, Merr 9; Sen. Barnes, Jr., Dist 17; Sen. Roberge, Dist 9; Sen. Cilley, Dist 6
COMMITTEE: Health, Human Services and Elderly Affairs
This bill allows a surviving spouse to have access to the deceased spouse’s medical records when there is no estate administration, unless the medical records indicate that the deceased spouse has indicated that the surviving spouse not have access to those records.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
27Jan2010… 0151h
05/12/10 1933s
10-2124
01/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT allowing a surviving spouse to have access to the deceased spouse’s medical records when there is no estate administration.
Be it Enacted by the Senate and House of Representatives in General Court convened:
260:1 New Section; Medical Records of Deceased Spouse. Amend RSA 560 by inserting after section 21 the following new section:
560:22 Medical Records of Deceased Spouse. Notwithstanding any provision of law to the contrary and upon proof of the requestor’s identity as the spouse of the deceased, the surviving spouse shall have access to the information contained in the medical records of his or her deceased spouse where there is no estate administration, unless the medical records indicate that the deceased spouse has indicated that the surviving spouse not have access to those records. A health care provider, as defined in RSA 332-I:1, II(b), shall not be required to initiate a conversation with a patient on the subject of access to the information in a medical record by a surviving spouse.
260:2 Effective Date. This act shall take effect January 1, 2011.
Approved: July 6, 2010
Effective Date: January 1, 2011