Revision: Dec. 14, 2021, 4:28 p.m.
SB 337-FN - AS INTRODUCED
SENATE BILL 337-FN
SPONSORS: Sen. Prentiss, Dist 5; Sen. Bradley, Dist 3; Sen. Watters, Dist 4; Sen. Whitley, Dist 15; Sen. Gannon, Dist 23; Sen. Kahn, Dist 10; Sen. Cavanaugh, Dist 16; Sen. Perkins Kwoka, Dist 21; Sen. Sherman, Dist 24; Rep. Soucy, Merr. 16; Rep. McGuire, Merr. 29; Rep. Merchant, Sull. 4; Rep. Murphy, Graf. 12; Rep. Goley, Hills. 8
COMMITTEE: Health and Human Services
This bill allows for the sharing of emergency medical and trauma services data to systems that preserve care recipient confidentiality for the purposes of data analysis.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Two
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Department of Safety; Bureau of Emergency Medical Services; Data Collection Modification. Amend RSA 21-P:12-b, I(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] Any emergency medical and trauma services data [and] or [resulting] analysis collected or maintained by the division may [shall] be provided to [the bodies established under this chapter] any state or federal agency or to any third party entity contracted to work on behalf of a federal or state entity, provided that such use does not violate the confidentiality of recipients of emergency medical care. The provisions of RSA 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.
2 New Subparagraph; Department of Safety; Bureau of Emergency Medical Services; Limited Data Collection Participation Allowed. Amend RSA 21-P:12-b, II by inserting after subparagraph (n) the following new subparagraph:
(o) Notwithstanding paragraph II(g), the division is hereby authorized to execute all documents, and perform all other acts necessary to participate in the National Emergency Medical Services Information System or any similar data collection, sharing, or analysis system, provided that the data provided to any such system does not violate the confidentiality of recipients of emergency medical care. The commissioner shall review and approve any such authorization prior to sharing any data.
3 Emergency Medical and Trauma Services; Protected Health Information; Privacy Committee Established; Broadening of Permissible Uses of Information. Amend RSA 153-A:35, I to read as follows:
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] any person or entity outside of the department who demonstrate a need for such information for the purpose of conducting health-related research or analysis and other uses for evaluation not provided for under RSA 21-P:12-b, II(g). 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.
4 Emergency Medical and Trauma Services; Protected Health Information; Privacy Committee Established; Broadening Permissible Uses of Information. Amend RSA 153-A:35, II to read as follows:
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 or analyses 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.
SB 337-FN- FISCAL NOTE
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
Estimated Increase / (Decrease)
[ ] General [ ] Education [ ] Highway [ X ] Other - Fire Standards and Training and Emergency Medical Services Fund
This bill expands the Division of Fire Standards and Training and Emergency Medical Services ability to utilize emergency medical service and trauma data to include analysis purposes, provide data to other state agencies, and continue to preserve patient care confidentiality. At this time, the Department of Safety is unable to estimate the cost, if any, as the potential increase in data requests is unknown.
It is assumed any fiscal impact would not occur until FY 2023.
Department of Safety