HB 1531 – AS INTRODUCED
2010 SESSION
01/09
HOUSE BILL 1531
AN ACT prohibiting New Hampshire physicians and medical staff from sharing patient records in a health information exchange without the patient’s written consent.
COMMITTEE: Health, Human Services and Elderly Affairs
This bill prohibits health care providers from transmitting a patient’s medical information to an health information exchange without the patient’s written consent.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
10-2568
01/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT prohibiting New Hampshire physicians and medical staff from sharing patient records in a health information exchange without the patient’s written consent.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Subparagraph; Medical Records; Definitions Added. Amend RSA 332-I:1, I by inserting after subparagraph (d) the following new subparagraph:
(e) “Written consent” means a document signed by the patient in which the patient clearly, and in common language, authorizes the health care provider to release his or her health information to a health information exchange.
2 New Section; Written Consent Required for Transmittal of Protected Health Information to Health Information Exchange. Amend RSA 332-I by inserting after section 4 the following new section:
332-I:4-a Written Consent Required for Transmittal of Protected Health Information to a Health Information Exchange.
I. Notwithstanding any provision of law to the contrary, no health care provider shall release, provide, insert, or otherwise permit any information pertaining to a patient’s protected health information to be shared, copied, or otherwise transmitted to a health information exchange without the written consent of the patient. No health care provider shall discriminate or refuse to provide treatment to a patient based on the patient’s providing written consent to release such medical information to a health information exchange. Nothing in this paragraph shall be construed to prohibit a health care provider from transmitting a valid claim to a health insurance company to collect a debt.
II. Health care providers shall not provide a patient’s protected health information to the federal government or to any organization which provides or may provide such information to the federal government without the written consent of the patient. A health care provider shall not refuse treatment to any patient based on the patient’s providing written consent to release such information to the federal government or organization.
III. Any person who violates any provision of this section shall be subject to a fine of not less than $50,000 per violation.
3 Effective Date. This act shall take effect January 1, 2011.