SB 111 - AS AMENDED BY THE SENATE
SENATE BILL 111
SPONSORS: Sen. Carson, Dist 14; Sen. Bradley, Dist 3; Sen. Sherman, Dist 24; Rep. McMahon, Rock. 7
COMMITTEE: Executive Departments and Administration
This bill clarifies the collection of health care data.
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/27/2019 1188s 19-0940
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nineteen
Be it Enacted by the Senate and House of Representatives in General Court convened:
[VITAL RECORDS AND] HEALTH STATISTICS
126:25 Data Collection.
I. This subdivision establishes a system for the collection of health care data and for the disclosure of data consistent with the Health Insurance Portability Accountability Act of (1996), 45 C.F.R. sections 160, 162, and 164 (HIPAA), limited to, public health activities, health care oversight, research, health care operations, the administration of anti-fraud, waste, and abuse activities, and the prevention of anti-competition practices in the health care system. For the purposes of this section, health care operations shall not include marketing or fundraising except such use or disclosure shall be permissible for market analysis.
II. All health care facilities under RSA 151:2 shall file health care data as required by the commissioner of health and human services, pursuant to RSA 126:27. This data shall include, but not be limited to:
(a) For hospitals, the data now collected through the uniform health care facility discharge data set as amended by rule pursuant to RSA 541-A; and
(b) For all facilities, disposition destination of each patient or resident admitted, payer information, charge by discharge, and any demographic or diagnostic information necessary for the administration of this subdivision.
126:27 Rulemaking. The commissioner of health and human services shall adopt rules, pursuant to RSA 541-A, relative to:
I. The types of data which each facility [and provider] shall be required to file under RSA 126:25 [and the types of data required under RSA 420-G:11, II].
II. The form in which data shall be filed under RSA 126:25.
III. The times at which data shall be filed under RSA 126:25.
IV. User fees which shall be assessed persons requesting data under RSA 126:28, 126:30, and 141-B:9.
V. Confidentiality of data collected and disclosed under this subdivision subject to the provisions of RSA 126:28.
VI. Procedures [for obtaining data from] and written requirements for obtaining, using, and protecting data provided by the department of health and human services under RSA 126:28.
[VII. The types of data which shall be reported under RSA 420-G:4, V.]
126:28 Availability of Data. Notwithstanding any other provision of law, data collected under RSA 126:25 shall be made available:
I. To the public upon request, provided that individual patients or health care practitioners shall not be directly or indirectly identifiable.
II. To individuals or entities for research, public health, or health care operations as defined by HIPAA, or any other individual or entity as allowable by law, demonstrating a legitimate need for such information, if such disclosure is consistent with all applicable HIPAA standards and approved by the commissioner, or designee, in accordance with rules adopted under RSA 126:27. Use of data disclosed shall not be for marketing or fundraising targeted to individuals except such use or disclosure shall be permissible for market analysis.
III. To the insurance department, the department of justice, or any other state or federal agency, and any agency’s contractors, for review of health care matters within the agency’s respective jurisdictional authority. An agency or contractor receiving health care data under this section shall comply with all state and federal confidentiality, privacy, and security protections. 126:29 Penalties. In addition to any other penalties provided by law, any health care facility which willfully fails to comply with the provisions of this subdivision shall be subject to a civil penalty of $100 for each day of noncompliance, which shall not be reimbursable by a commercial insurer, nonprofit health services corporation, health maintenance organization, or multiple employer welfare arrangement as provided in RSA 415, 420-A, 420-B, and 415-E.
III. A report or other data relating to a critical health problem which discloses the identity of an individual who was reported as having a critical health problem shall be made available only to persons who demonstrate a need for the report or other data which is essential to health related research, including but not limited to, for purposes of administering the lead paint poisoning prevention control program under RSA 130-A. A report or data which does not disclose the identity of the individual shall be made available to the public in compliance with RSA 91-A.
I. The department, the department of justice, and the department of health and human services shall enter into a memorandum of understanding for collaboration in the development of a comprehensive health care information system, the sharing of submitted data fields, and the role of each in the security of transferred health care data. The memorandum of understanding shall include a description of the data sets that will be included in the comprehensive health care information system, the criteria and procedures for the development of limited use data sets, the criteria and procedures to ensure that Health Insurance Portability and Accountability Act of 1996 (HIPAA) compliant limited use data sets are accessible, and a proposed time frame for the creation of a comprehensive health care information system. To the extent allowed by HIPAA, the data shall be available as a resource for insurers, employers, providers, purchasers of health care, and state agencies to continuously review health care utilization, expenditures, and performance in New Hampshire and to enhance the ability of New Hampshire consumers and employers to make informed and cost-effective health care choices. In presenting data for public access, comparative considerations shall be made regarding geography, demographics, general economic factors, and institutional size. Notwithstanding HIPAA or any other provision of law, the comprehensive health care information system shall not include or disclose any data that contains direct personal identifiers. For the purposes of this section, "direct personal identifiers" include information relating to an individual that contains primary or obvious identifiers[, such as the individual's name, street address, e-mail address, telephone number, and social security number].
I. RSA 126:26, relative to data review.
II. RSA 126:33 and 126:34, relative to certain reports.
SB 111- FISCAL NOTE
AS AMENDED BY THE SENATE (AMENDMENT #2019-1188s)
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
Estimated Increase / (Decrease)
[ X ] General [ ] Education [ ] Highway [ ] Other
This bill clarifies existing processes for the collection and sharing of health care data under RSA 126. The Department of Health and Human Services notes the bill does not alter current processes and the civil penalty under section 4 currently exists in statute. It does not anticipate a fiscal impact to Department revenue or expenditures.
The Department of Justice states it currently provides legal counsel regarding data sharing to the Department of Health and Human Services and Insurance Department. To the extent the demand for legal services increases as a result of this bill, there may be an indeterminable increase to expenditures.
Department of Health and Human Services and Department of Justice
|Jan. 3, 2019||Introduced 01/03/2019 and Referred to Executive Departments and Administration; SJ 4|
|March 13, 2019||Hearing: 03/13/2019, Room 101, LOB, 09:15 am; SC 12|
|March 27, 2019||Committee Report: Ought to Pass with Amendment # 2019-1188s, 03/27/2019; Vote 5-0; CC; SC 15|
|March 28, 2019||Committee Report: Ought to Pass with Amendment # 2019-1188s, 03/28/2019; Vote 5-0; CC; SC 15|
|March 27, 2019||Committee Amendment # 2019-1188s, AA, VV; 03/27/2019; SJ 10|
|March 27, 2019||Ought to Pass with Amendment 2019-1188s, MA, VV; OT3rdg; 03/27/2019; SJ 10|
|March 20, 2019||Introduced 03/20/2019 and referred to Health, Human Services and Elderly Affairs HJ 11 P. 73|
|April 24, 2019||Public Hearing: 04/24/2019 10:45 am LOB 205|
|April 25, 2019||Division II Subcommittee Work Session: 04/25/2019 10:00 am LOB 205|
|May 2, 2019||Executive Session: 05/02/2019 10:00 am LOB 205|
|May 7, 2019||==RECESSED== Executive Session: 05/07/2019 10:00 am LOB 205|
|May 21, 2019||==CONTINUED== Executive Session: 05/21/2019 10:00 am LOB 205|
|March 13, 2019||Senate||Hearing|
|March 28, 2019||Senate||Floor Vote|
|March 27, 2019||Senate||Floor Vote|
|April 24, 2019||House||Hearing|
|May 2, 2019||House||Exec Session|
|May 7, 2019||House||Exec Session|
|May 21, 2019||House||Exec Session|