Bill Details - SB482 (2018)

CHAPTER 144

SB 482-FN - FINAL VERSION

 

04/26/2018   1801EBA

2018 SESSION

18-2788

01/10

 

SENATE BILL 482-FN

 

AN ACT relative to confidential emergency medical and trauma services data.

 

SPONSORS: Sen. Hennessey, Dist 5; Sen. Watters, Dist 4; Rep. White, Graf. 13; Rep. Danielson, Hills. 7

 

COMMITTEE: Health and Human Services

 

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ANALYSIS

 

This bill establishes a privacy committee to review and approve requests for the use of emergency medical and trauma services records data for research purposes.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

04/26/2018   1801EBA 18-2788

01/10

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT relative to confidential emergency medical and trauma services data.

 

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

 

144:1  Department of Safety; Bureau of Emergency Medical Services.  Amend RSA 21-P:12-b, II(g) to read as follows:

(g)  Establish a data collection and analysis capability that provides for the evaluation of the emergency medical and trauma services system and for modifications to the system based on identified gaps and shortfalls in the delivery of emergency medical and trauma services.  The data and resulting analysis shall be provided to the bodies established under this chapter, provided that such use does not violate the confidentiality of recipients of emergency medical care.  The provisions of RSA [126] 153-A:35 shall be followed with regard to other uses of this data for research and evaluation purposes, and for protecting the confidentiality of data in those uses.  All analyses shall be public documents, provided that the identity of the recipients of emergency medical care are protected from disclosure either directly or indirectly.

144:2  New Section; Protected Health Information; Privacy Committee.  Amend RSA 153-A by inserting after section 34 the following new section:

153-A:35  Protected Health Information; Privacy Committee Established.

I.  All protected health information possessed by the department shall be considered confidential, except that the commissioner, or designee, may provide emergency medical and trauma services record information to institutions and individuals outside of the department who demonstrate a need for such information for the purpose of conducting health-related research.  Any such release shall be conditioned upon the understanding that once the health-related research is complete that all information provided shall be returned to the department or be destroyed and no copies shall be kept.  All releases of information shall be consistent with the federal Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 (HIPAA) and regulations promulgated thereunder by the United States Department of Health and Human Services 45 C.F.R. part 160 and part 164.  This shall include the requirement that all proposed releases of emergency medical and trauma services records information to institutions and individuals outside the department for the purposes of health-related research be reviewed and approved by the privacy committee, established in paragraph II, and the commissioner, under this section before the requested information is released.

II.  There is hereby established a privacy committee which shall review and approve requests for the use of emergency medical and trauma services records data for the purposes of research and other uses for evaluation not provided for under RSA 21-P:12-b, II(g).  The privacy committee shall consist of 7 members who shall include the director, or designee, 4 members of the emergency medical and trauma services coordinating board, appointed by the chair of the board, and 2 persons who are not affiliated with the department and who are not part of the immediate family of a person who is affiliated with the department, appointed by the commissioner.

III.  The committee shall review and approve requests for the use of emergency medical and trauma services records data for the purposes of research and other uses for evaluation not provided under RSA 21-P:12-b, II(g).  Emergency medical and trauma services records data or copies of such records that directly or indirectly identify individuals shall be made available for health-related research purposes upon receipt and approval of a written application to the committee.  No emergency medical and trauma services records shall be released until the request has been reviewed and approved by the privacy committee and authorized by the commissioner, or designee.

IV.  The committee may consult with any person or entity the committee deems relevant to the work of the committee.  Such individuals may only offer advice and guidance and shall not participate in the decision as to whether to approve the release of any records under this section for the purposes of health-related research.  

144:3  Effective Date.  This act shall take effect 60 days after its passage.

 

Approved: May 30, 2018

Effective Date: July 29, 2018

 

 

Docket

Date Status
Jan. 3, 2018 To Be Introduced 01/03/2018 and Referred to Health and Human Services; SJ 1
Jan. 24, 2018 Hearing: 01/24/2018, Room 101, LOB, 01:00 pm; SC 4
Feb. 1, 2018 Committee Report: Ought to Pass, 02/01/2018; SC 5
Feb. 1, 2018 Ought to Pass: MA, VV; OT3rdg; 02/01/2018; SJ 3
March 7, 2018 Introduced 03/07/2018 and referred to Executive Departments and Administration HJ 7 P. 52
March 28, 2018 Public Hearing: 03/28/2018 10:00 AM LOB 306
April 3, 2018 Subcommittee Work Session: 04/03/2018 09:00 AM LOB 306
April 3, 2018 Executive Session: 04/03/2018 LOB 306
Committee Report: Ought to Pass (Vote 15-3; RC)
April 19, 2018 Committee Report: Ought to Pass for 04/19/2018 (Vote 15-3; RC) HC 15 P. 12
April 19, 2018 Ought to Pass: MA VV 04/19/2018 HJ 13 P. 19
April 26, 2018 Enrolled Bill Amendment # 2018-1801e: AA VV 04/26/2018
April 26, 2018 Enrolled Bill Amendment # 2018-1801e Adopted, VV, (In recess of 04/26/2018); SJ 15
May 3, 2018 Enrolled 05/03/2018
May 3, 2018 Enrolled (In recess 05/03/2018); SJ 17
May 30, 2018 Signed by the Governor on 05/30/2018; Chapter 0144; Effective 07/29/2018

Action Dates

Date Body Type
Jan. 24, 2018 Senate Hearing
Feb. 1, 2018 Senate Floor Vote
March 28, 2018 House Hearing
April 3, 2018 House Exec Session
House Floor Vote
April 19, 2018 House Floor Vote

Bill Text Revisions

SB482 Revision: 2823 Date: Dec. 20, 2017, 1:21 p.m.
SB482 Revision: 3561 Date: May 1, 2018, 12:47 p.m.
SB482 Revision: 4057 Date: May 31, 2018, 4:18 p.m.