Revision: Jan. 18, 2019, 2:47 p.m.
SB 111 - AS INTRODUCED
2019 SESSION
19-0940
01/04
SENATE BILL 111
AN ACT relative to the collection of health care data.
SPONSORS: Sen. Carson, Dist 14; Sen. Bradley, Dist 3; Sen. Sherman, Dist 24; Rep. McMahon, Rock. 7
COMMITTEE: Executive Departments and Administration
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ANALYSIS
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
19-0940
01/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nineteen
AN ACT relative to the collection of health care data.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Health Care Data; Data Collection. RSA 126:25 is repealed and reenacted to read as follows:
126:25 Data Collection.
I. This subdivision establishes a system for the collection of health care data and for the release of data consistent with the Health Insurance Portability Accountability Act of (1996), 45 CFR 160, 162, and 164 (HIPAA), for purposes including but not limited to, public health activities, health care oversight, research, health care operations, the administration of anti-fraud, waste, and abuse activities, the prevention of anti-competition practices among hospitals in the health care system, and other uses provided by law.
II. Health care facilities, defined under RSA 151, 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.
(b) For other facilities, data including 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.
2 Health Care Data; Rulemaking. Amend RSA 126:27 to read as follows:
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 released 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.] Penalties for failure to file the data required under RSA 126:25.
3 Health Care Data; Availability of Data. RSA 126:28 is repealed and reenacted to read as follows:
126:28 Availability of Data. Except for data collected pursuant to paragraph I, data collected under this section shall only be released under written agreement if such release is consistent with all applicable HIPAA standards and approved by the commissioner, or designee, to those demonstrating a legitimate need for such information, in accordance with rules adopted under RSA 126:27 as follows:
I. To the public upon request, provided that no direct or indirect identifiers of individual patients or health care practitioners are disclosed, in accordance with rule adopted under RSA 126:27.
II. To individuals and institutions demonstrating a need for such information, for research as defined by HIPAA.
III. To entities conducting health services research designed to improve quality of health care, reduce costs, improve patient safety, decrease medical errors, or broaden access to essential services, requesting a limited data set as defined by HIPAA, and which agree to assess only nominal cost-based or no fees to recipients of these services.
IV. To New Hampshire state agencies, other state and federal agencies, and their contractors, in accordance with this subdivision.
4 Penalties. RSA 126:29 is repealed and reenacted to read as follows:
126:29 Penalties. In addition to any other penalties provided by law, any health care facility, as defined in RSA 151:2, which fails to comply with the provisions of this subdivision shall be subject to a civil penalty of $100 for each day of noncompliance.
5 Health Care Data; User Fees. Amend RSA 126:30 to read as follows:
126:30 User Fees. Any person requesting copies of data or statistical information filed with the department of health and human services under RSA 126 or RSA 141-B 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.
6 Health Coverage; Development of a Comprehensive Health Care Information System. Amend RSA 420-G:11-a, I to read as follows:
I. The department, 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.
7 Repeal. The following are repealed:
I. RSA 126:26, relative to data review.
II. RSA 126:33 and 126:34, relative to certain reports.
8 Effective Date. This act shall take effect 60 days after its passage.