Revision: Jan. 22, 2024, 3:51 p.m.
HB 1689-FN - AS INTRODUCED
2024 SESSION
24-2512
02/08
HOUSE BILL 1689-FN
AN ACT relative to the use of personal identifying information by state agencies.
SPONSORS: Rep. Bolton, Graf. 8; Rep. Cannon, Straf. 12; Rep. Booras, Hills. 8
COMMITTEE: Executive Departments and Administration
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ANALYSIS
This bill clarifies the law regarding how identifiable information contained within vital records are collected and reported to other state agencies.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
24-2512
02/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
AN ACT relative to the use of personal identifying information by state agencies.
Be it Enacted by the Senate and House of Representatives in General Court convened:
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] access to mortality and natality statistical data excluding personal identifiers 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] access to mortality and natality statistical data [including] 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 [commissioner] 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 [commissioner] 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.
24-2512
Revised 1/22/24
HB 1689-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to the use of personal identifying information by state agencies.
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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Estimated State Impact - Increase / (Decrease) | |||||||||
| FY 2024 | FY 2025 | FY 2026 | FY 2027 | |||||
Revenue | $0 | Indeterminable Decrease to Federal Grants ($7m to $10m)
Indeterminable Decrease to General Funds |
Indeterminable Decrease to Federal Grants ($7m to $10m)
Indeterminable Decrease to General Funds
|
Indeterminable Decrease to Federal Grants ($7m to $10m)
Indeterminable Decrease to General Funds
| |||||
Revenue Fund(s) | Federal Grant and General Funds | ||||||||
Expenditures | $0 | Indeterminable Significant Increase to General Funds
$0 to Indeterminable Decrease to Federal Grants |
Indeterminable Significant Increase to General Funds
$0 to Indeterminable Decrease to Federal Grants
|
Indeterminable Significant Increase to General Funds
$0 to Indeterminable Decrease to Federal Grants
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Funding Source(s) | General Fund and Federal Grants | ||||||||
Appropriations | $0 | $0 | $0 | $0 | |||||
Funding Source(s) | None | ||||||||
• Does this bill provide sufficient funding to cover estimated expenditures? [X] N/A • Does this bill authorize new positions to implement this bill? [X] N/A | |||||||||
METHODOLOGY:
This bill clarifies the law regarding how identifiable information contained within vital records
are collected and reported to other state agencies.
The Department of State indicates this bill restricts the Vital Records Administration's sharing of statistical vital record data with the Department of Health and Human Services (DHHS) solely to mortality and natality information. It mandates the removal of personal identifiers before sharing. Presently, DHHS also accesses marriage and divorce statistical data, which this bill would discontinue the Department from providing. Additionally, the bill requires Vital Records to assume DHHS's current role in releasing approved vital records information for health-related research, as sanctioned by the Bureau of Health Statistics and Data Management and Vital Records Privacy Board under RSA 126:24-e.
The Department of State anticipates a fiscal impact of under $10,000 from limiting vital records data to DHHS but is unable to gauge the expenses associated with assuming DHHS's role in releasing vital records for health-related research. Lastly, the Department cannot estimate the fiscal impact of the memorandum of understanding as it necessitates the state registrar to create an agreement with the Secretary of State, contradicting the intended "two agency" arrangement.
Despite the Department of State's hesitation to update their fiscal note worksheet due to uncertainty about the exact costs, it is relevant to highlight that during the House Executive Department and Administration hearing, they emphasized the requirement for approximately 12 additional positions, along with extra office space and equipment. These resources are essential for carrying out the newly assigned duties to the Vital Record Administration. It is important to incorporate this information into the fiscal note, as the fiscal impact of these needs is anticipated to result in a substantial and indeterminable increase to the General Fund, starting from FY 2025 and continuing thereafter.
The Department of Health and Human Services states this bill would limit the access to vital records data and could significantly impact various functions within the Department, including Public Health, Medicaid, TANF, Child Support Services, Estate Recovery, and Child Protective Services. This bill could reduce or eliminate federal funding for programs such as CDC Pregnancy Risk Assessment Monitoring System, CDC Preventing Maternal Deaths, Health Resources and Services Administration (HRSA) State Systems Development Initiative, and HRSA Maternal and Child Health (MCH) /Title V Block grant. Additionally, essential services like Rural Health and Primary Care coordination, DHHS Data Portal reporting, and programs within the Division of Children, Youth, and Families could be impacted. The potential loss of federal grant funding, due to an inability to meet grant requirements, is estimated to range from $7,000,000 to $10,000,000 annually, leading to an estimated loss of 17.55 full-time equivalent (FTE) positions. See the grant breakdown below:
The DHHS states the Estate Recovery Unit's ability to recover funds and perform federally mandated functions would be hindered, leading to potential legal consequences and reduced recoveries to the State General Fund. Programs like Child Support Services, Division of Medicaid Services, and Integrated Eligibility Services face compliance issues, risking federal sanctions and loss of funding. During FY2023, the Department’s Estate Recovery Unit (ERU) recovered a total of $10,649,966. The ERU performs this work on behalf of the federal, state, and local governments. The total State of New Hampshire share of this total recovery figure was $4,136,124 over about 2000 cases. It is unknown how much General Fund revenue would potentially decrease in future years as it is impossible to predict who will pass away and the amount of recoveries that would go to the General Fund.
Access to vital records is crucial for federal reporting requirements, grant eligibility, and needs assessments. The bill could hinder research projects, limit funds for health-related research, and impact community-based health organizations. The overall fiscal impact is indeterminable, and costs for data systems, quality assurance, and fraud prevention remain unknown at this time.
It is assumed the fiscal impact will not occur until FY 2025.
AGENCIES CONTACTED:
Department of State and Department of Health and Human Services