CHAPTER 64

HB 1649-FN – FINAL VERSION

03Mar2010… 0693h

14Apr2010… 1227eba

2010 SESSION

10-2323

01/04

HOUSE BILL 1649-FN

AN ACT relative to health information and patient rights.

SPONSORS: Rep. Bridgham, Carr 2; Rep. Rosenwald, Hills 22; Rep. Batula, Hills 19

COMMITTEE: Health, Human Services and Elderly Affairs

AMENDED ANALYSIS

This bill establishes procedures for access to protected health information for treatment.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03Mar2010… 0693h

14Apr2010… 1227eba

10-2323

01/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Ten

AN ACT relative to health information and patient rights.

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

64:1 New Subparagraphs; Definitions Added. Amend RSA 332-I:1, II by inserting after subparagraph (d) the following new subparagraphs:

(e) “Audit trail” means a chronological record identifying specific persons who have accessed an electronic medical record, the date and time the record was accessed, and, if such information is available, the area of the record that was accessed. An audit trail shall not be considered a part of a person’s medical care.

(f) “Individual” means the subject of the protected health information, including a guardian or other legal representative.

64:2 New Subparagraph; Patient Information; Electronic Form. Amend RSA 332-I:2, I by inserting after subparagraph (f) the following new subparagraph:

(g) When an individual’s medical record is maintained in electronic form, the individual has the right to a report, based on whatever audit trail of that record is then maintained, of access to the record by a health care provider named by the individual within an identified period in the prior 3 years. The report shall indicate whether the named provider had access, or did not have access, or whether access could not be determined with the available data. If the named provider had access, the report shall summarize, as the available data permit, the extent of access to the record. This subparagraph shall not apply to individuals being held in correctional facilities within the state.

64:3 Effective Date. This act shall take effect January 1, 2011.

Approved: May 18, 2010

Effective Date: January 1, 2011