SB61 (2017) Detail

Relative to medical records of a deceased spouse or next of kin.


CHAPTER 108

SB 61 - FINAL VERSION

 

03/16/2017   0792s

20Apr2017... 1293h

2017 SESSION

17-0781

01/05

 

SENATE BILL 61

 

AN ACT relative to medical records of a deceased spouse or next of kin.

 

SPONSORS: Sen. D'Allesandro, Dist 20; Sen. Bradley, Dist 3; Sen. Feltes, Dist 15; Sen. Reagan, Dist 17; Rep. Hynes, Hills. 21; Rep. McBeath, Rock. 26

 

COMMITTEE: Health and Human Services

 

-----------------------------------------------------------------

 

ANALYSIS

 

This bill clarifies the procedure for receipt of medical records of a deceased spouse or next of kin.

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/16/2017   0792s

20Apr2017... 1293h 17-0781

01/05

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Seventeen

 

AN ACT relative to medical records of a deceased spouse or next of kin.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

108:1  Medical Records of Deceased Spouse or Next of Kin.  RSA 560:22 is repealed and reenacted to read as follows:

560:22  Medical Records of Deceased Spouse or Next of Kin.  Where there is no estate administration, the surviving spouse or next of kin of the deceased may obtain the medical records of the deceased as provided in RSA 332-I:13.

108:2  New Section; Medical Records of Deceased Spouse or Next of Kin.  Amend RSA 332-I by inserting after section 12 the following new section:

332-I:13  Medical Records of Deceased Spouse or Next of Kin.

I.  Where there is no estate administration, the surviving spouse or next of kin of the deceased is designated the personal representative of the deceased for the limited purpose of obtaining the medical records of the deceased.  Such authority shall automatically cease upon the initiation of estate administration or the death of the surviving spouse or next of kin.

II.(a)  "Next of kin" means:

(1)  Adult child by blood or adoption only in the absence of a surviving spouse.

(2)  Parent, only in the absence of a surviving spouse or adult child.

(b)  If 2 or more relatives in the same category qualify as next of kin, each shall be considered the deceased's personal representative under this section.

III.(a)  Where there is no estate administration, the requestor shall provide:

(1)  A notarized affidavit, pursuant to paragraph VII, indicating he or she is authorized to access the patient's records;

(2)  An authorization in compliance with the federal Health Insurance Portability and Accountability Act of 1996, 42 U.S.C. section 1320d et seq., and the regulations implementing such act ("HIPAA"); and

(3)  A copy of the death certificate.

(b)  Upon request, a health care provider, as defined in RSA 332-I:1, II(b), shall provide the surviving spouse or next of kin with a copy of the legal medical records of the deceased, unless the deceased has indicated or any court of competent jurisdiction has ordered that the surviving spouse or next of kin not have access to those records.  The health care provider shall provide such records within the time frame established under 45 C.F.R. 164.524(b)(2).  Requests under this subparagraph shall be valid within the time frame established under RSA 508:4.

(c)  A health care provider shall not release mental health records or other medical records afforded additional privacy protection under other state or federal law.

IV.  A health care provider 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 or next of kin.

V.  Any provider shall be justified in relying upon the affidavit provided in accordance with paragraph III.

VI.  Any provider or person who in good faith releases copies of medical records in accordance with this section shall not have violated any criminal law or be civilly liable to the patient, the deceased patient's estate, or to any other person for the release of such medical records.

VII.  An affidavit in the following form shall be used by any surviving spouse or next of kin seeking records under this section.

AFFIDAVIT OF SURVIVING SPOUSE OR NEXT OF KIN

SEEKING ACCESS TO MEDICAL RECORDS

I, ______________________________, being duly sworn, do hereby state as follows:

As "Surviving Spouse" or "Next of Kin" to ____________________(name of "decedent"), I am requesting a copy of a decedent's legal medical record.

I acknowledge and understand that Next of Kin includes the following surviving individuals:

1)  Adult child by blood or adoption only in the absence of a surviving spouse.

2)  Parent only in the absence of a surviving spouse or adult child.

I represent that, as the surviving spouse, adult child by blood or adoption, parent (circle one) of the decedent, that I am the Surviving Spouse or Next of Kin and that there is no survivor of higher priority.

I hereby represent and affirm that no estate administration has been initiated on behalf of the decedent and that I have not applied and been denied access to the requested records by any court.

I declare subject to the criminal penalty of false swearing established in RSA 641:2 that the foregoing statements are true and correct.

Date: ______________ Signed: ____________________________

STATE OF NEW HAMPSHIRE

COUNTY OF ___________________

Signed and sworn to (or affirmed) before me on the _____day of _____, 20__, by________________________ (name of person).

108:3  Effective Date.  This act shall take effect January 1, 2018.

 

Approved: June 08, 2017

Effective Date: January 01, 2018

Links

SB61 at GenCourtMobile

Action Dates

Date Body Type
Jan. 24, 2017 Senate Hearing
March 16, 2017 Senate Floor Vote
March 28, 2017 House Hearing
April 4, 2017 House Exec Session
April 20, 2017 House Floor Vote

Bill Text Revisions

SB61 Revision: 1649 Date: June 12, 2017, 9:22 a.m.
SB61 Revision: 1650 Date: May 11, 2017, 4:57 p.m.
SB61 Revision: 1651 Date: April 20, 2017, 4:02 p.m.
SB61 Revision: 1652 Date: March 17, 2017, 12:05 p.m.
SB61 Revision: 1653 Date: Jan. 24, 2017, 10:22 a.m.

Docket


Jan. 1, 2018: Signed by the Governor on 06/08/2017; Chapter 0108; Effective 01/01/2018


May 18, 2017: Enrolled (In recess 05/18/2017); SJ 18


May 18, 2017: Enrolled 05/18/2017 HJ 16 P. 9


May 11, 2017: Sen. Bradley Moved to Concur with the House Amendment, MA, VV; 05/11/2017; SJ 16


April 20, 2017: Ought to Pass with Amendment 1293h: MA VV 04/20/2017 HJ 14 P. 4


April 20, 2017: Amendment # 2017-1293h: AA VV 04/20/2017 HJ 14 P. 4


April 20, 2017: Committee Report: Ought to Pass with Amendment # 2017-1293h for 04/20/2017 (Vote 20-0; CC) HC 20 P. 5


April 4, 2017: Executive Session: 04/04/2017 09:30 AM LOB 205


March 28, 2017: Public Hearing: 03/28/2017 10:30 AM LOB 205


March 9, 2017: Introduced 03/09/2017 and referred to Health, Human Services and Elderly Affairs HJ 10 P. 76


March 16, 2017: Ought to Pass with Amendment 2017-0792s, MA, VV; OT3rdg; 03/16/2017; SJ 9


March 16, 2017: Committee Amendment # 2017-0792s, AA, VV; 03/16/2017; SJ 9


March 16, 2017: Committee Report: Ought to Pass with Amendment # 2017-0792s, 03/16/2017; SC 14


Jan. 24, 2017: Hearing: 01/24/2017, Room 101, LOB, 01:40 pm; SC 7


Jan. 5, 2017: Introduced 01/05/2017 and Referred to Health and Human Services; SJ 4