CHAPTER 84
HB 271 – FINAL VERSION
13Jan2010… 2009-2527h
05May2010… 1812eba
2010 SESSION
01/04
HOUSE BILL 271
AN ACT relative to relevant information in a workers’ compensation claim.
SPONSORS: Rep. Reardon, Merr 11
COMMITTEE: Labor, Industrial and Rehabilitative Services
This bill establishes a notice requirement for persons requesting medical records in a workers’ compensation case.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
13Jan2010… 2009-2527h
05May2010… 1812eba
09-0546
01/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT relative to relevant information in a workers’ compensation claim.
Be it Enacted by the Senate and House of Representatives in General Court convened:
84:1 Workers’ Compensation; Medical Information. Amend RSA 281-A:23, V(a) to read as follows:
V.(a)(1) The act of the worker in applying for workers’ compensation benefits constitutes authorization to any physician, hospital, chiropractor, or other medical vendor to supply all relevant information regarding the worker’s occupational injury or illness to the insurer, the insurer’s representative, the worker’s employer, the worker’s representative, the worker’s employer’s representative, and the department. Medical information relevant to a claim includes a past history of complaints of, or treatment of, a condition similar to that presented in the claim. Any party authorized to request medical information under this subparagraph shall include the following notice in their request for medical records in bold print in a font size at least 2 points larger than that used in the request:
“This request is strictly limited to medical information relevant to the occupational injury or illness that underlies the patient’s workers’ compensation claim, including any past history of complaints of, or treatment of, a condition similar to that presented in the claim.”
(2) Any person who supplies information in accordance with this [subparagraph] paragraph and with rules adopted by the commissioner shall be immune from any liability, civil or criminal, that might otherwise be incurred for such action. The physician may require evidence from the workers’ representative in his or her representative capacity. This authorization shall be valid for the duration of the work-related injury or illness.
(3) The commissioner may assess a civil penalty of up to $2,500 on any insurance carrier, self-insurer, or payor acting on behalf of such insurance carrier or self-
insurer if any recipient of medical records receives a medical record which is clearly irrelevant to the workers’ compensation claim and sends such record, or a copy of it, to another party not authorized to receive such record.
84:2 Effective Date. This act shall take effect July 1, 2010.
Approved: May 25, 2010
Effective Date: July 1, 2010