SB423 (2022) Detail

Relative to a closed loop referral system in the department of health and human services.


CHAPTER 99

SB 423-FN - FINAL VERSION

 

02/16/2022   0465s

2022 SESSION

22-2862

05/10

 

SENATE BILL 423-FN

 

AN ACT relative to a closed loop referral system in the department of health and human services.

 

SPONSORS: Sen. Rosenwald, Dist 13; Rep. Edwards, Rock. 4; Sen. Giuda, Dist 2; Rep. Salloway, Straf. 5; Rep. Murphy, Graf. 12

 

COMMITTEE: Health and Human Services

 

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AMENDED ANALYSIS

 

This bill establishes privacy and security requirements for a closed loop referral system established by the department of health and human services or an entity under contract with the department.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

02/16/2022   0465s 22-2862

05/10

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Two

 

AN ACT relative to a closed loop referral system in the department of health and human services.

 

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

 

99:1  New Paragraph; Department of Health and Human Services; Closed Loop Referral System.  Amend RSA 126-A:4 by inserting after paragraph V the following new paragraph:

VI. If the department itself or through a contracted entity provides a closed loop referral system, the following privacy and security provisions shall be included:

(a) The department shall not access any individual’s personally identifiable information or protected health information from or through any closed loop referral system unless the individual is currently receiving services funded through a department of health and human services program or has received services funded through a department of health and human services program within the past 12 months, has previously given consent for the department to access their personally identifiable information or protected health information and has not revoked consent.

(b) Notwithstanding the foregoing, the department may obtain specific consent from an individual to access the individual’s personally identifiable information or protected health information on each consent for a referral for services, provided that in obtaining consent:

(1)  A separate page, in hard copy or electronically, shall be used; and

(2)  The request shall be phrased as follows:  "Do you consent to allow the New Hampshire department of health and human services to have access to your personally identifiable information and your private health information along with information about your referrals for services?  Please note that you will receive the same services whether you sign this form or not."

(c)  Within 48 hours of becoming aware of a data breach, the contracted entity providing a closed loop referral system shall begin the process of notification by first class mail or other individually agreed to communication mechanisms to all individuals impacted by the data breach.

(d)(1) An individual's personally identifiable information or protected health information may be added to the closed loop referral system only if:

(A) The individual consents to its inclusion on each instance of a referral for services; and

(B) The individual whose information is intended to be included in the closed loop referral system shall retain the right to opt into the system on each referral and retain the right to revoke consent to be in the system at any time.  

(2)  If an individual revokes consent to be in the system, then, to the extent allowed under federal or state law, information relative to the individual's referrals for services shall be deleted from the system within 7 days of the revocation.

(e)  No provider or organization utilizing the closed loop referral system network shall have access to an individual's personally identifiable information or protected health information unless the individual has been referred to that provider or organization for services and the provider or organization requested consent from and was given consent by the individual to access such information.

99:2  Effective Date.  This act shall take effect upon its passage.

 

Approved: May 20, 2022

Effective Date: May 20, 2022

 

 

Links

SB423 at GenCourtMobile

Action Dates

Date Body Type
Jan. 27, 2022 Senate Hearing
Feb. 16, 2022 Senate Floor Vote
Feb. 24, 2022 Senate Floor Vote
April 12, 2022 House Hearing
April 12, 2022 House Hearing
April 12, 2022 House Exec Session
House Floor Vote

Bill Text Revisions

SB423 Revision: 36514 Date: May 24, 2022, 8:19 a.m.
SB423 Revision: 35804 Date: April 21, 2022, 1:28 p.m.
SB423 Revision: 34971 Date: April 12, 2022, 10:45 a.m.
SB423 Revision: 34766 Date: Feb. 2, 2022, 3:11 p.m.
SB423 Revision: 34619 Date: Jan. 18, 2022, 8:54 a.m.

Docket


May 24, 2022: Signed by the Governor on 05/20/2022; Chapter 0099; Effective 05/20/2022


May 13, 2022: Enrolled (in recess of) 05/12/2022


May 13, 2022: Enrolled Adopted, VV, (In recess 05/12/2022); SJ 13


May 13, 2022: Enrolled Adopted, VV, (In recess 05/12/2022); SJ 13


May 13, 2022: Enrolled (in recess of) 05/12/2022


April 21, 2022: Ought to Pass: MA VV 04/21/2022 HJ 10


April 13, 2022: Committee Report: Ought to Pass (Vote 21-0; CC) HC 15 P. 10


April 13, 2022: Executive Session: 04/12/2022 01:15 pm LOB 205-207


April 4, 2022: Public Hearing: 04/12/2022 01:15 pm LOB 205-207


March 29, 2022: Public Hearing: 04/12/2022 01:00 pm LOB 205-207


March 23, 2022: Introduced 03/17/2022 and referred to Health, Human Services and Elderly Affairs


Feb. 24, 2022: Ought to Pass: MA, VV; OT3rdg; 02/24/2022; SJ 4


Feb. 22, 2022: Committee Report: Ought to Pass, 02/24/2022; SC 8A


Feb. 16, 2022: Ought to Pass with Amendment 2022-0465s, MA, VV; Refer to Finance Rule 4-5; 02/16/2022; SJ 3


Feb. 16, 2022: Committee Amendment # 2022-0465s, AA, VV; 02/16/2022; SJ 3


Feb. 2, 2022: Committee Report: Ought to Pass with Amendment # 2022-0465s, 02/16/2022; SC 7


Jan. 14, 2022: Hearing: 01/27/2022, Room 101, LOB, 09:25 am; SC 4


Dec. 30, 2021: To Be Introduced 01/05/2022 and Referred to Health and Human Services; SJ 1