HB 69 – AS AMENDED BY THE HOUSE
12Feb2009… 0139h
2009 SESSION
01/04
HOUSE BILL 69
AN ACT relative to submission of health care data.
SPONSORS: Rep. Pilotte, Hills 16; Rep. D. Petterson, Rock 10; Sen. DeVries, Dist 18
COMMITTEE: Health, Human Services and Elderly Affairs
This bill clarifies the user fees to be charged to persons requesting copies of data or statistical information required to be submitted by health care facilities to the department of health and human services.
This bill is a request of the department of health and human services.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
12Feb2009… 0139h
09-0227
01/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT relative to submission of health care data.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Health Care Data; User Fees. Amend RSA 126:30 to read as follows:
126:30 User Fees. Any person[, other than those covered by the fee provisions of RSA 151-C:15, I,] requesting copies of data or statistical information filed with the department of health and human services under RSA [126 or] 126:25, RSA 141-B, or RSA 420-G:11, II(a)(1) shall pay to the department a fee established by the commissioner of health and human services pursuant to RSA 126:27, IV. The fee shall reflect the full costs of preparing the data for release, including the cost of personnel time, computer and any related expenses associated with fulfilling the request, and shall include a portion of the costs to collect, consolidate, and maintain these data sets under RSA 126:25, RSA 141-B, or RSA 420-G:11, II(a)(1). Fees paid under this section shall be deposited into a revolving account which shall not lapse and shall be used in administering the responsibilities of the department of health and human services under this subdivision and RSA 420-G:11, II(a)(1). Those persons covered by the fee provisions of RSA 151-C:15 shall be exempt from fees under this subdivision for data filed under RSA 126:25 or RSA 141-B. Fees paid under this section are intended to support the data collection responsibilities within the department of health and human services and shall not generate a profit. Fees shall be reasonable and charged on a sliding scale considering the volume of data requested, the intended purpose or use of the data requested, and the requestor’s ability to pay. Nothing in this section shall be interpreted or applied as a barrier to accessing these data sets.
2 Health Care Data; Rulemaking. Amend RSA 126:27, IV to read as follows:
IV. User fees which shall be assessed persons requesting data under RSA 126:28, RSA 126:30, [and] RSA 141-B:9, and RSA 420-G:11-a, II. The fee scale shall reflect the volume of data requested, the specific data set that is the subject of the request, and the intended purpose and use of the data. The fee schedule shall be tiered to reflect the requestor’s ability to pay based on whether the requestor has not-for-profit status, is a commercial entity, an educational or research entity, or a reseller/re-distributor of the data.
3 Report Required. One year after the adoption of the rules required under RSA 126:27, IV, the commissioner of the department of health and human services shall make a report to the oversight committee on health and human services, established in RSA 126-A:13, relative to the volume of data requests received, fees assessed for each request, and the operation of the fee schedule.
4 Effective Date. This act shall take effect January 1, 2010.
LBAO
09-0227
Amended 03/10/09
HB 69 FISCAL NOTE
AN ACT relative to submission of health care data.
FISCAL IMPACT:
The Department of Health and Human Services states this bill, as amended by the House (Amendment #2009-0139h), may increase state general fund revenue by an indeterminable amount in FY 2010 and each year thereafter. This bill will have no fiscal impact on state, county, and local expenditures, or county and local revenue.
METHODOLOGY:
The Department of Health and Human Services (DHHS) states this bill would allow the Department to charge fees for the collection, maintenance and consolidation of health care data sets. The fees would be charged to entities requesting data from DHHS, and would be established through rulemaking. The Department is unable to determine the number of potential requests, the appropriate fee, the identity of the requestor, or the volume of data subject to the request with any accuracy. Where there are multiple unknown variables, it is not possible to accurately project the potential revenue to be derived from this bill.