HB 601-FN - AS INTRODUCED
2021 SESSION
21-0724
04/05
HOUSE BILL 601-FN
AN ACT relative to the privacy of personal information retained by a health or social
service agency and prohibiting the sharing of such information between such
agencies.
SPONSORS: Rep. Ammon, Hills. 40; Rep. Sylvia, Belk. 6; Rep. Notter, Hills. 21; Sen. Daniels,
Dist 11
COMMITTEE: Health, Human Services and Elderly Affairs
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ANALYSIS
This bill requires that the privacy of personal information retained by a health or social service
agency be protected and prohibits the sharing of such information between such agencies.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
 HB 601-FN - AS INTRODUCED
21-0724
04/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty One
AN ACT relative to the privacy of personal information retained by a health or social
service agency and prohibiting the sharing of such information between such
agencies.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 1 New Subdivision; Health or Social Service Agency Personal Information Privacy. Amend RSA
2 126-A by inserting after section 88 the following new subdivision:
3 Health or Social Service Agency Personal Information Privacy
4 126-A:89 Health or Social Service Agency; Personal Information Privacy.
5 I. When an individual consents to receive assistance from any health or social service agency
6 in the state of New Hampshire, the consent given to the initial health or social service agency to use
7 the individual's personal information shall not be transferred to or retained by any other health or
8 social service agency, network, or entity.
9 II. No health or social service agency in the state of New Hampshire shall require a
10 individual's consent to share personal information with another health or social service agency in
11 this state or another state as a prerequisite for such individual to receive services from such health
12 or social service agency, including consent to share details regarding which health or social service
13 agency the individual has received help from in the past and associated information related to that
14 interaction. A health or social service agency shall explicitly and in writing inform any individual
15 seeking such assistance that lack of consent shall not affect the individual's ability to receive health
16 or social services from the agency and that the individual shall not be otherwise penalized.
17 III. The consent to the release of personal information to any health or social service agency
18 in the state shall not include consent to release personal information to other health or social service
19 agency, or a network of such agencies, to which the initial agency may belong, unless the individual
20 grants additional informed consent to the release of his or her personal information. Consent to the
21 release of personal information to a specific health or social service agency shall not include consent
22 to participate in a network of health or social service agency, unless the individual explicitly grants
23 such consent.
24 IV. Consent to the release of personal information to any health or social service agency in
25 the state shall not include the release of such information to a health or social service agency, or a
26 network of such agencies that merged after the individual consented to the initial release of personal
27 information.
28 V. No health or social service agency in this state shall develop or implement a searchable
29 database of an individual's personal information relating to the individual's interactions with
 HB 601-FN - AS INTRODUCED
- Page 2 -
1 another health or social service agency in this or another state, other than the personal information
2 stored within the database of the health or social service agency providing the services to the
3 individual. No searchable database shall be accessible by any health or social service agency or
4 network of such agencies, or other individual, unless the individual who is the subject of the personal
5 information provides explicit informed consent to such release.
6 VI. In this subdivision:
7 (a) “Consent” and “informed consent” shall mean the signature of the individual, and the
8 date on which the signature was placed, on a piece of paper that states verbatim, in 14-point type or
9 larger, the following:
10 CONSENT TO SHARE PERSONAL INFORMATION
11 Please choose what you want to happen to any personal information you provide to [here insert
12 the name of a health or social service agency]? Choose one of options listed below. You will get the
13 same services regardless of your choice
14 I give my consent to [here insert the name of a health or social service agency] to share my
15 personal information with another health social service agency in this or any other state BUT NOT
16 to have it included in a searchable database that may be accessed by another health or social service
17 agency.
18 Signature ______________________ Date ______________
19 OR
20 I give my consent to [here insert the name of a health or social service agency] to share my
21 personal information with another health or social service agency in this or any other state and to
22 have it INCLUDED IN A SEARCHABLE DATABASE that may be accessed by another health or
23 social service agency.
24 Signature ______________________ Date _______________
25 OR
26 I DO NOT GIVE MY CONSENT to [here insert the name of a health or social service agency] to
27 share my personal information with another social service agency or to have it included in any
28 searchable database.
29 Signature ______________________ Date ________________
30 (b) "Health or social service agency" means an agency that offers a range of social
31 services, funded by the government, or a private, for profit, or nonprofit organization, that promotes
32 the well-being of individuals, families, and communities.
33 (c) “Personal information” shall include an individual’s image, location, name, address,
34 or telephone number; social security, health insurance policy, bank account, credit card or any other
35 identification number; finger prints, voice prints, DNA and any other unique biological identification
36 information; and any other data that would, alone or in combination with other data, enable the
37 individual to be identified.
 HB 601-FN - AS INTRODUCED
- Page 3 -
1 2 Effective Date. This act shall take effect 60 days after its passage.
 LBA
21-0724
Revised 2/18/21
HB 601-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to the privacy of personal information retained by a health or social
service agency and prohibiting the sharing of such information between such
agencies.
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
Estimated Increase / (Decrease)
STATE: FY 2021 FY 2022 FY 2023 FY 2024
Appropriation $0 $0 $0 $0
Revenue $0 $0 $0 $0
Indeterminable Indeterminable Indeterminable
Expenditures $0
Increase Increase Increase
Funding Source: [ X ] General [ ] Education [ ] Highway [ ] Other
METHODOLOGY:
The proposed legislation prohibits health or social service agencies from:
· sharing private health information unless consent, as defined in the legislation, is
provided by individuals who received relevant services;
· requiring an individual to provide consent as a prerequisite to receive services;
· allowing any other "health or service agency" or individuals from accessing databases
that contain personal health information; and
· storing personal information about an individual in a searchable database unless the
individual provides consent, as defined in the legislation.
The Department of Health and Human Services anticipates the proposed legislation will lead to
an indeterminable increase in costs to amend rules and forms, redesign Department databases,
and track consenting and non-consenting individuals. The Department states that database
redesign, in particular, may be costly. Federal funds may also be lost or paid back in the event of
any violations of federal law.
It is assumed any fiscal impact from this bill will not occur until FY 2022.
AGENCIES CONTACTED:
Department of Health and Human Services