This bill aims to regulate the use of electronic medical records (EMRs) by health care providers. It introduces a new section to RSA 332-I, which specifies that no public or private health carrier governed by state law, in the absence of conflicting federal law, can mandate a health care provider to use an EMR. Additionally, carriers cannot withhold a provider's fee for not using an EMR, require a specific format for EMRs, or demand specific information in the EMR beyond basic patient demographics, the purpose of the health care interaction, and the treatment provided. The bill is set to take effect 60 days after its passage.
The fiscal note attached to the bill indicates that there is no direct fiscal impact on state, county, or local revenues or expenditures. However, it does suggest that there may be indirect financial implications for carriers and providers due to potential costs associated with EMR programming, providing copies of records, and staffing resources. These costs could lead to increased service prices and, consequently, higher insurance premiums, which might result in increased insurance premium tax revenue for the state. The exact financial impact is indeterminable. The Department of Health and Human Services believes any costs associated with the bill could be absorbed within its existing budget. The bill does not provide additional funding for estimated expenditures nor does it authorize new positions for its implementation.