HB 1663-FN is a legislative bill that seeks to update and strengthen the privacy and confidentiality provisions of medical records and patient information in New Hampshire. The bill aims to align state law with the privacy rights outlined in the New Hampshire Constitution and to establish more stringent medical privacy requirements than those mandated by the Health Insurance Portability and Accountability Act of 1996 (HIPAA). It introduces new definitions for terms such as "business associate" and "health information," and sets forth the rights of patients, including the right to access their medical records and to make informed decisions about their health care. The bill also addresses the cost of copying medical records, the use of audit trails for electronic records, and the definition of "health information exchange."

The bill includes several key provisions: it requires health care providers to obtain written consent from patients before disclosing confidential information, grants patients access to any provider within their insurance network, and prohibits the unreasonable withholding of referrals. It also outlines the conditions under which a parent or guardian may access a minor's medical records, with protections in place for minors who may be at risk of harm. The bill mandates that health information organizations obtain patient consent before accessing medical information and maintain audit logs. It also prohibits insecure communication methods for disclosing protected health information, allows individuals to bring civil action for unauthorized disclosures, and provides limited immunity for health care providers acting in good faith. The fiscal note indicates that the bill may result in increased state expenditures due to contract reviews and renegotiations, and it introduces a new definition of "Business Associate" that could affect contract costs. The bill removes the three-year record-keeping requirement, limits consent for medical record use to three years, and expands legal causes of action, potentially increasing civil liability and expenditures for the Department of Health and Human Services. The bill is effective upon passage.