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1 New Section; Labor: Protective Legislation; Discrimination in the Workplace. Amend RSA 275 by inserting after section 37-d the following new section:
275:37-e Protected Health Information.
I. No employer shall inquire, either verbally or in writing, about an employee's protected health information, as that term is defined in 45 C.F.R section 160.103, as a requirement for initial or continued employment. An employer who violates this prohibition shall be guilty of a violation.
II. An employer may inquire, either verbally or in writing, about an employee's protected health information as defined in paragraph I because such information is or would be relevant to the employee's ability to perform his or her job duties. This paragraph shall not be construed to require an employee to disclose any protected health information to an employer.
2 Effective Date. This act shall take effect 60 days after its passage.
Text to be added highlighted in green.
1 New Section; Labor: Protective Legislation; Discrimination in the Workplace. Amend RSA 275 by inserting after section 37-d the following new section:
275:37-e Protected Health Information.
I. No employer shall inquire, either verbally or in writing, about an employee's protected health information, as that term is defined in 45 C.F.R section 160.103, as a requirement for initial or continued employment. An employer who violates this prohibition shall be guilty of a violation.
II. An employer may inquire, either verbally or in writing, about an employee's protected health information as defined in paragraph I because such information is or would be relevant to the employee's ability to perform his or her job duties. This paragraph shall not be construed to require an employee to disclose any protected health information to an employer.
2 Effective Date. This act shall take effect 60 days after its passage.