Revision: March 27, 2014, midnight
SB 229 – AS INTRODUCED
2014 SESSION
01/04
SENATE BILL 229
AN ACT relative to the use and disclosure of protected health information.
SPONSORS: Sen. Bradley, Dist 3; Sen. Boutin, Dist 16; Sen. Gilmour, Dist 12; Sen. Hosmer, Dist 7; Sen. Pierce, Dist 5; Sen. Stiles, Dist 24; Sen. Reagan, Dist 17; Sen. Cataldo, Dist 6; Sen. Larsen, Dist 15; Sen. Odell, Dist 8; Rep. Harding, Graf 13; Rep.?G.?Chandler, Carr 1; Rep. Butler, Carr 7; Rep. McMahon, Rock 7; Rep.?M.?Smith, Straf 6
COMMITTEE: Health, Education and Human Services
This bill clarifies the term “health care provider” for the purposes of the medical records law. This bill also declares that a patient may transmit his or her protected health information through the health information organization and that such information may only be used in accordance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA).
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
14-2646
01/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Fourteen
AN ACT relative to the use and disclosure of protected health information.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Medical Records; Definitions. Amend RSA 332-I:1, II(a)(3)-(4) to read as follows:
(3) Disclosure; [and]
(4) Protected health information; and
(5) Health care provider.
2 Use and Disclosure of Protected Health Information; Health Information Exchange. Amend RSA 332-I:3, I to read as follows:
I. Except as provided in paragraph VI, a health care provider [or], a business associate of a health care provider, or a patient may transmit an individual’s protected health information through the health information organization. [Only a health care provider, for purposes of treatment, may have access to] Except as provided in RSA 332-I:4, protected health information transmitted through the health information organization shall only be used and disclosed in accordance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA).
3 New Paragraph; Health Information Organization Board; Members. Amend RSA 332-I:8 by inserting after paragraph IV the following new paragraph:
V. If a board member position listed in paragraph I becomes vacant and the position has not been filled within 90 days of notification by the board, the board shall complete the term with an additional at-large member with qualifications, experience, and expertise as identified and determined by the board.
4 Reference Change. Amend RSA 560:22 to read as follows:
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)] I(a)(5), 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.
5 Repeal. RSA 332-I:1, II(b), relative to the definition of health care provider, is repealed.
6 Effective Date. This act shall take effect 60 days after its passage.