141-C:10 Disclosure; Confidentiality. –
I. Any protected health information provided to or acquired by the department under this chapter shall be released only with the informed, written consent of the individual or to those authorized persons having a legitimate need to acquire or use the information and then only so much of the information as is necessary for such persons to provide care and treatment to the individual who is the subject of the protected health information, investigate the causes of disease transmission in the particular case, or control the spread of the disease among the public. Any release of information under this section without the informed, written consent of the individual shall be conditioned upon the protected health information remaining confidential.
II. Analyses and compilations of data which do not disclose protected health information shall be available to the public under RSA 91-A.
III. The physician-patient privilege shall not apply to information required to be reported or provided to the commissioner under this chapter.
IV. The department shall acquire and retain only the minimum amount of information, specimens, and samples relating to individuals necessary to carry out its obligations under this chapter. The department shall adopt rules, pursuant to RSA 541-A, relative to the types of information, specimens, and samples to be acquired and the length of time such information, specimens, and samples shall be retained before being destroyed. Any genetic testing of specimens and samples shall be limited to the viruses, bacteria, fungi, or other micro-organisms therein.
V. The department may share information with town and city health officers acting in accordance with their duties under RSA 141-C:5, provided the health officer has signed a confidentiality agreement at the time of his or her appointment under RSA 128 and has presented proof of successful completion of training on adherence to applicable confidentiality and security laws and regulations required when assisting the department of health and human services under RSA 141-C:5. All sharing of confidential information under this section shall be in accordance with this section and pursuant to 45 C.F.R. 164.512(b).
Source. 1986, 198:21. 1994, 208:3. 1995, 310:183. 2002, 258:13, eff. July 1, 2002. 2021, 61:8, eff. Aug. 3, 2021.