1 New Paragraph; Vital Records Administration; Definitions. Amend RSA 5-C:1 by inserting after paragraph XXIX-a the following new paragraph:

XXIX-b. "Personal identifiers" means information relating to an individual that contains primary identifiers, such as the individual's name, street address, spouse's name, child's or children's name, and social security number.

2 Disclosure of Information From Vital Records. Amend RSA 5-C:9, VI to read as follows:

VI. The department of health and human services shall have a direct and tangible interest in vital records information in accordance with the provisions of RSA 126:24-c.

3 Access to Information From Vital Records for Public Health Purposes. Amend RSA 126:24-c to read as follows:

126:24-c Access to Information From Vital Records for Public Health Purposes. The department shall have a direct and tangible interest in vital records data including personal identifiers. The secretary of state shall provide continuous electronic access to the department of the entire contents of the data files on a 24-hour, 7-day per week basis. If a means of electronic access becomes possible that will allow access at a faster rate, the department may utilize such new means of access, provided that it assumes the full cost of implementing the new means of access. Such access shall be provided in standard database format that establishes a remote electronic link from the secretary of state's office to the department that would not restrict the ability of the department to transfer data. However, under no circumstance shall any information relative to any adoption or any restricted record as determined by a court of law be provided to the department .

4 Memorandum of Understanding. Amend RSA 126:24-cc to read as follows:

126:24-cc Memorandum of Understanding. The commissioner and secretary of state shall enter into a memorandum of understanding to address the role of each agency in maintaining the state's vital records system. The memorandum shall facilitate a working relationship between the 2 agencies in meeting their respective responsibilities under this chapter and RSA 5-C. The memorandum shall be reviewed annually and may be modified at the request of either agency.

5 Disclosure of Information From Vital Records. Amend RSA 126:24-d to read as follows:

126:24-d Disclosure of Information From Vital Records. All protected health information possessed by the department shall be considered confidential, except that the commissioner shall be authorized to provide vital record information to institutions and individuals both within and outside of the department who demonstrate a need for such information for the purpose of conducting health-related research. Any such release shall be conditioned upon the understanding that once the health-related research is complete that all information provided will be returned to the department or destroyed. 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 vital records information to institutions and individuals both within and outside the department for the purposes of health-related research be reviewed and approved by the board, under RSA 126:24-e, before the requested information is released.

6 Effective Date. This act shall take effect 60 days after its passage.

1 New Paragraph; Vital Records Administration; Definitions. Amend RSA 5-C:1 by inserting after paragraph XXIX-a the following new paragraph:

XXIX-b. "Personal identifiers" means information relating to an individual that contains primary identifiers, such as the individual's name, street address, spouse's name, child's or children's name, and social security number.

2 Disclosure of Information From Vital Records. Amend RSA 5-C:9, VI to read as follows:

VI. The department of health and human services shall have and tangible interest in vital records informationa direct access to mortality and natality statistical data excluding personal identifiers. The secretary of state shall provide continuous electronic access to the department of the entire contents of the mortality and natality statistical data files on a 24-hour, 7-day per week basis. If a means of electronic access becomes possible that will allow access at a faster rate, the department may utilize such new means of access, provided that it assumes the full cost of implementing the new means of access. Such access shall be provided in standard database format that establishes a remote electronic link from the secretary of state's office to the department that would not restrict the ability of the department to transfer data. However, under no circumstance shall any information relative to any adoption or any restricted record as determined by a court of law be provided to the department , or any records prohibited by the Interjurisdictional Exchange Agreement* .

4 Memorandum of Understanding. Amend RSA 126:24-cc to read as follows:

126:24-cc Memorandum of Understanding. The state registrar and secretary of state shall enter into a memorandum of understanding to address the role of each agency in maintaining the state's vital records statistical system. The memorandum shall facilitate a working relationship between the 2 agencies in meeting their respective responsibilities under this chapter and RSA 5-C. The memorandum shall be reviewed annually and may be modified at the request of either agency.

5 Disclosure of Information From Vital Records. Amend RSA 126:24-d to read as follows:

126:24-d Disclosure of Information From Vital Records. All protected health information possessed by the department shall be considered confidential, except that the state registrar shall be authorized to provide vital record information to institutions and individuals both within and outside of the department who demonstrate a need for such information for the purpose of conducting health-related research. Any such release shall be conditioned upon the understanding that once the health-related research is complete that all information provided will be returned to the department , division of vital records administration, or destroyed. 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 vital records information to institutions and individuals both within and outside the department for the purposes of health-related research be reviewed and approved by the board, under RSA 126:24-e, before the requested information is released.

6 Effective Date. This act shall take effect 60 days after its passage.