Revision: March 4, 2010, midnight
HB 1649-FN – AS AMENDED BY THE HOUSE
03Mar2010… 0693h
2010 SESSION
01/04
HOUSE BILL 1649-FN
AN ACT relative to health information and patient rights.
SPONSORS: Rep. Bridgham, Carr 2; Rep. Rosenwald, Hills 22; Rep. Batula, Hills 19
COMMITTEE: Health, Human Services and Elderly Affairs
AMENDED ANALYSIS
This bill establishes procedures for access to protected health information for treatment.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03Mar2010… 0693h
10-2323
01/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT relative to health information and patient rights.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Subparagraphs; Definitions Added. Amend RSA 332-I:1, II by inserting after paragraph (d) the following new subparagraphs:
(e) “Audit trail” means a chronological record identifying specific persons who have accessed an electronic medical record, the date and time the record was accessed, and, if such information is available, the area of the record that was accessed. An audit trail shall not be considered a part of a person’s medical care.
(f) “Individual” means the subject of the protected health information, including a guardian or other legal representative.
2 New Subparagraph; Patient Information; Electronic Form. Amend RSA 332-I:2, I by inserting after subparagraph (f) the following new subparagraph:
(g) When an individual’s medical record is maintained in electronic form, the individual has the right to a report, based on whatever audit trail of that record is then maintained, of access to the record by a health care provider named by the individual within an identified period in the prior 3 years. The report shall indicate whether the named provider had access, or did not have access, or whether access could not be determined with the available data. If the named provider had access, the report shall summarize, as the available data permit, the extent of access to the record. This subparagraph shall not apply to individuals being held in correctional facilities within the state.
3 Effective Date. This act shall take effect January 1, 2011.
LBAO
10-2323
12/16/09
HB 1649-FN - FISCAL NOTE
AN ACT relative to health information and patient rights and establishing a commission to study adding certain information to a driver’s license.
FISCAL IMPACT:
The Insurance Department states this bill may increase state, county, and local expenditures, and state revenues by an indeterminable amount in FY 2011 and each year thereafter. This bill will have no fiscal impact on county and local revenue.
METHODOLOGY:
The Insurance Department states this bill establishes certain standards with respect to the patient’s health information. While the proposed bill primarily impacts providers, it may have an impact on their costs, which could impact the cost of health insurance premiums. Other entities such as county and local governments may see increased costs to provide their health insurance programs as well. The state collects premium taxes on health insurance premiums, and increased premiums may lead to higher revenues. The state is self-funded and does not pay taxes on premiums, but may experience increased costs due to the additional costs placed on providers. The exact fiscal impact cannot be determined at this time.
The Department of Administrative Services is unable to determine whether this bill may impose additional costs on providers. The Department states this bill will have no fiscal impact on the Department.
The Department of Health and Human Services states this bill will have no fiscal impact on the Department.