New Hampshire House Bill HB91

New Hampshire 2023 Regular Session

• Introduced: 12/23/22
• Refer: 12/23/22
• Report Pass: 2/8/23
• Report DNP: 2/9/23
• Refer: 2/14/23

Caption

Relative to privacy obligations of the department of health and human services.

Impact

The implementation of HB91 is expected to institute a formalized framework for data governance within the health department by facilitating comprehensive risk assessments related to personal information. The responsibilities of the governance board include conducting privacy impact assessments, suggesting mitigations for identified risks, and maintaining stakeholder accountability. These measures are designed not only to enhance compliance with state and federal privacy laws but also to assure the public of the state's commitment to protecting individual privacy. With a focus on implementing industry best practices, the bill marks a significant step toward improving data governance in New Hampshire’s health sector.

Summary

House Bill 91 (HB91) focuses on enhancing the privacy obligations of the Department of Health and Human Services in New Hampshire. The bill aims to establish a Data Privacy and Information Technology Security Governance Board tasked with overseeing data privacy risk calculation and mitigation efforts within the department. This governance board is crucial for cultivating a culture of privacy that complements existing laws, specifically the Health Insurance Portability and Accountability Act (HIPAA), as well as responding to New Hampshire’s Right of Privacy as enshrined in the state constitution in 2018. The bill outlines an appropriation of $300,000 for fiscal year 2024 to fund the establishment of two full-time classified positions to support the board's objectives.

Contention

While the bill emphasizes the importance of privacy, there may be potential points of contention regarding the establishment of the governance board and the appropriations involved. Critics may argue that the financial resources allocated to this governance structure could be redirected toward direct healthcare services or improvements within the health department. Furthermore, there may be discussions about the effectiveness of such governance boards in truly safeguarding data against misuse and ensuring they do not become bureaucratic hurdles rather than facilitators of privacy and security. As new frameworks for data privacy emerge, ongoing evaluation of this bill's impact will be necessary to address these concerns and ensure that privacy obligations are met effectively.