New Hampshire 2025 Regular Session

New Hampshire Senate Bill SB138 Compare Versions

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1	1	SB 138 - AS AMENDED BY THE SENATE
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5	5	03/27/2025 1393s
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7	7	2025 SESSION
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9	9	25-1063
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11	11	05/08
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15	15	SENATE BILL138
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19	19	AN ACTrelative to record requests by health care providers and establishing a committee to study access to medical records in the state of New Hampshire.
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23	23	SPONSORS:Sen. McGough, Dist 11; Sen. Murphy, Dist 16; Sen. Birdsell, Dist 19; Sen. Innis, Dist 7; Sen. Gannon, Dist 23; Sen. Rosenwald, Dist 13; Rep. Potucek, Rock. 13; Rep. Miles, Hills. 12; Rep. Nagel, Belk. 6; Rep. L. Walsh, Rock. 15; Rep. Porcelli, Rock. 19
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27	27	COMMITTEE:Health and Human Services
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35	35	AMENDED ANALYSIS
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39	39	This bill provides that when a health care provider requests a patient's medical records, the records should be provided within 14 days of the request. The bill also establishes a committee to study patient access to medical records in the state.
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47	47	Explanation:Matter added to current law appears in bold italics.
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49	49	Matter removed from current law appears [in brackets and struckthrough.]
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51	51	Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
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53	53	03/27/2025 1393s25-1063
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55	55	05/08
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59	59	STATE OF NEW HAMPSHIRE
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63	63	In the Year of Our Lord Two Thousand Twenty Five
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67	67	AN ACTrelative to record requests by health care providers and establishing a committee to study access to medical records in the state of New Hampshire.
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71	71	Be it Enacted by the Senate and House of Representatives in General Court convened:
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75	75	1 Medical Records. Amend RSA 332-I:1, I to read as follows:
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77	77	I. All medical information contained in the medical records in the possession of any health care provider, or in the possession of any third-party vendor with whom a health care provider contracts to store, handle, and issue copies of such medical records, shall be deemed to be the property of the patient. The patient or the patient's requestor shall be entitled to a copy of such records upon request, as regulated by the Health Insurance Portability and Accountability Act of 1996, as amended ("HIPAA").
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79	79	(a) For purposes of this section, a "requestor" means the patient's personal representative, the patient's health care provider, an individual authorized to access the patient's medical record through a valid power of attorney, or the patient's attorney.
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81	81	(b) For any request made by a requestor, the cost for electronic copies of the patient's medical records, and all related services, shall be charged at a reasonable rate not to exceed $50.00, and the cost for paper copies of the patient's medical records, and all related services, shall not exceed $5 for the first page, $.41 per page for pages 2 through 50, and $.30 per page for pages 51 and higher. If, however, any redactions to the patient's records are specifically requested by the requestor, such as for example, redactions of sensitive information pertaining to HIV status, drug and alcohol use, mental health, or genetic testing, the requestor may be charged a reasonable cost for the labor necessary to complete those redactions, not to exceed $25 per hour.
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83	83	(c) If a patient's medical records are stored and available in an electronic format, they shall be provided in that format to the requestor. Records which are stored and available in an electronic format shall not be printed and provided in paper format unless specifically requested in paper format by the requestor.
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85	85	(d) All records being provided pursuant to requests by a requestor shall be provided to the requestor within 30 days of the receipt of the request, and any records not provided within 30 days shall be provided at no cost, absent an independent intervening force majeure which renders the requested records inaccessible, irretrievable, or undeliverable within this 30-day timeframe.
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87	87	(e) If an incomplete copy of the requested medical records is provided, and additional requests are required to obtain a complete copy of the originally requested medical records, any records provided pursuant to those additional requests shall be provided at no cost.
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89	89	(f) Notwithstanding any other provision of law, when the requestor of medical records is the person’s health care provider, the requested transfer must be made within 14 days of the request at no cost.
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91	91	2 Committee to Study Access to Medical Records Established.
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93	93	I. There is established a committee to study access to medical records in the state of New Hampshire.
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95	95	II. Notwithstanding RSA 14:49, the members of the committee shall be as follows:
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97	97	(a) Two members of the house of representatives, appointed by the speaker of the house of representatives.
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99	99	(b) One member of the senate, appointed by the president of the senate.
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101	101	III. Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the committee
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103	103	IV. The committee shall study the issues of cost, access, and transparency of patients' medical records in New Hampshire.
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105	105	V. The members of the study committee shall elect a chairperson from among the members. The first meeting of the committee shall be called by the first-named senate member. The first meeting of the committee shall be held within 45 days of the effective date of this section. Two members of the committee shall constitute a quorum.
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107	107	VI. The committee shall report its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, and the governor on or before November 1, 2025.
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109	109	3 Effective Date.
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111	111	I. Section 1 of this act shall take effect 60 days after its passage.
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113	113	II. The remainder of this act shall take effect upon its passage.