HB 1654-FN - AS INTRODUCED
2022 SESSION
22-2663
05/04
HOUSE BILL 1654-FN
AN ACT relative to termination of pregnancy statistics.
SPONSORS: Rep. Stapleton, Sull. 5; Rep. Wuelper, Straf. 3; Rep. Notter, Hills. 21; Rep.
Spillane, Rock. 2; Rep. Gould, Hills. 7; Rep. Gay, Rock. 8; Sen. Birdsell, Dist 19
COMMITTEE: Health, Human Services and Elderly Affairs
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ANALYSIS
This bill requires the department of health and human services to publish an annual report
consisting of an aggregate statistical summary of all induced terminations of pregnancy performed in
New Hampshire.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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 1654-FN - AS INTRODUCED
22-2663
05/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Two
AN ACT relative to termination of pregnancy statistics.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 1 New Section; Health Care Data; Induced Termination of Pregnancy; Annual Report Required.
2 Amend RSA 126 by inserting after section 25 the following new section:
3 126:25-a Induced Termination of Pregnancy; Annual Report.
4 I. In this section:
5 (a) “Aggregate summary” means a compilation of the information received by the
6 department of health and human services on induced terminations of pregnancy.
7 (b) “Department” means the department of health and human services.
8 (c) “Division” means the division of vital records administration, department of state.
9 (d) “Facility” or “medical facility” means any public or private hospital, clinic, center,
10 medical school, medical training institution, health care facility, physician’s office, infirmary,
11 dispensary, ambulatory surgical treatment center, or other institution or location wherein medical
12 care is provided to any person.
13 (e) “Health care provider” or “provider” means any individual licensed to provide health
14 care under RSA 326-B:18 or RSA 329 and who provides induced terminations of pregnancy.
15 (f) “Identification number for health care provider or facility” means a confidential
16 identifier for a health care provider or a facility including the location of the health care provider or
17 the facility by city, town, or county.
18 (g) “Induced termination of pregnancy” means an intervention performed by a licensed
19 clinician, including a physician, nurse, midwife, nurse practitioner, or physician assistant, that is
20 intended to terminate an ongoing pregnancy, including writing a prescription for mifepristone or
21 misoprostol or other agents intended to induce a medical abortion. It shall not include the
22 dispensation of levonorgestrel or other agents, whether by prescription or over the counter, intended
23 for use as an emergency contraception.
24 (h) “Patient confidential identification code or number” means an anonymous
25 confidential identifier for a patient's primary residence by state, city, town, or county.
26 (i) “Procedure” means the process by which an induced termination of pregnancy occurs.
27 II.(a) The division shall collect non-identifying confidential data on induced termination of
28 pregnancy occurring within the state of New Hampshire using the New Hampshire Vital Record
29 Information Network (NHVRIN) electronic system or any modified or replacement electronic system
30 under the jurisdiction of the division. The division shall bear all responsibility for maintaining the
31 confidentiality of these records. This data shall be stored using only the confidential number of the
 HB 1654-FN - AS INTRODUCED
- Page 2 -
1 health care provider assigned by the department to the provider prior to the submission of the form.
2 Provider names or other identifying data shall not be stored in the division or department data
3 systems. This data shall only be released to the department as authorized by this section. Each
4 health care provider or facility shall use an electronic form for such purpose. The electronic form
5 shall be made available by the department to each health care provider or facility. The form shall
6 only require disclosure of information required under this section. The reporting health care
7 provider or facility shall create and use an anonymous patient identification code or number created
8 solely for the purpose of this reporting. The department shall assign a confidential number to each
9 health care provider and facility required to submit the electronic form under this section. The
10 confidential number, or any other personally identifiable information, obtained under this paragraph
11 shall be for statistical purposes only and therefore be exempt from disclosure under RSA 91-A.
12 (b) The electronic form shall be completed by the health care provider or the facility and
13 securely transmitted to the division on or before the 15th day of each month for the first 6 months of
14 reporting and thereafter on a quarterly basis on the 15th day of the first month of the calendar
15 quarter for all induced terminations of pregnancy occurring within the previous reporting period.
16 The electronic form shall be submitted for each reporting period, even if no procedures were
17 performed during the reporting period, for as long as the facility continues to offer the procedure.
18 One final electronic form shall be submitted for the full reporting period after the procedure is no
19 longer offered.
20 (c) The department shall have sole responsibility for the analysis of the data and the
21 preparation and distribution of the aggregate summary.
22 (d) The department shall publish an annual report, commencing with data to be
23 reported as of January 1, 2023, to be posted on the department’s website not later than June 30th of
24 the subsequent year, based on an aggregate summary of the information obtained pursuant to this
25 section. No data may be released by the department that would have the capacity to personally
26 identify either the health care provider who performed the induced termination of pregnancy or the
27 patient on whom it was performed.
28 (e) The electronic form provided by the department shall include the following data:
29 (1) The confidential identification number for the health care provider or facility.
30 (2) The patient’s confidential identification code or number.
31 (3) The patient’s use and, if applicable, type of contraception.
32 (4) The patient’s age.
33 (5) The estimated gestational age of the fetus as determined by the health care
34 provider using as a reference the current American College of Obstetricians and Gynecologists
35 guidelines or any subsequent editions thereto.
 HB 1654-FN - AS INTRODUCED
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1 (6) The county or municipality if the population of the municipality exceeds 20,000
2 based on the United States Census Bureau of the address of the patient. If the patient is a resident
3 of another state, then indicated as out-of-state.
4 (7) Date of termination by month and year.
5 (8) Method of termination as follows:
6 (A) Curettage;
7 (B) Intrauterine instillation;
8 (C) Medical (nonsurgical); or
9 (D) Other as specified by the health care provider.
10 III.(a) The commissioner of the department of health and human services shall publish an
11 annual report relative to pregnancy terminations, commencing with data to be reported as of
12 January 1, 2023, to be posted on the department's website not later than June 30 of the subsequent
13 year, based on an aggregate summary of all data collected through the uniform health care facility
14 discharge data set (UHFDDS), and data collected from facilities pursuant to RSA 126:25, relative to
15 pregnancy terminations as contained in current procedural terminology (CPT) codes of the American
16 Medical Association, 59840 thru 59857 or health care common procedure coding system (HCPCS)
17 codes S01999, S2260 thru S2267 and S8055.
18 (b) In preparing this report, the Bureau of Public Health Statistics and Informatics
19 (BPHSI) shall collect, review, and utilize relevant data from available resources, including statistical
20 data from the insurance department, and shall publish aggregate results at New Hampshire Health
21 WISDOM system, and provide in annual reporting to the national Centers for Disease Control and
22 Prevention (CDC). No data shall be released by the department that may personally identify either
23 the health care provider who performed an induced termination of pregnancy or the patient on whom
24 it was performed, nor any elements of data that would have the capacity to personally identify either
25 the health care provider, the patient, or the patient's specific residence location within the state.
26 2 Effective Date. This act shall take effect upon its passage.
 LBA
22-2663
12/27/21
HB 1654-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to termination of pregnancy statistics.
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
Estimated Increase / (Decrease)
STATE: FY 2022 FY 2023 FY 2024 FY 2025
Appropriation $0 $0 $0 $0
Revenue $0 $0 $0 $0
Expenditures $0 $139,300 $133,400 $137,300
Funding Source: [ X ] General [ ] Education [ ] Highway [ ] Other
The Department of State was contacted for a fiscal note worksheet on 10/15/2021, which they
have not provided as of 12/27/2021.
METHODOLOGY:
This bill requires the Department of State, Division of Vital Records to collect non-identifying
data on induced terminations of pregnancy occurring within New Hampshire using the New
Hampshire Information Vital Record Information Network, or other system under the
jurisdiction of the Division of Vital Records. The bill also requires the Department of Health and
Human Services to provide electronic forms to health providers and facilities in order for them to
complete applicable information on or before the 15th of each month. Records will remain
confidential and be maintained by the Division of Vital Records. Confidential data would be
released to the Department of Health and Human Services for statistical purposes only, and the
Department would be required to publish publicly available annual reports with an aggregate
summary of data.
With respect to the Department of Health and Human Services reporting requirement, the bill
requires the Department to assign a confidential number to each healthcare provider under RSA
326-B:18 or RSA 329, as well as each medical facility required to submit the induced termination
of pregnancy data on the electronic form. The annual report is to be published by June 30 of
each year starting from January 1, 2023. In preparing the report, the Department will be
responsible for collecting, reviewing, utilizing, and analyzing data from resources, including
information from the Uniform Healthcare Facilities Discharge Data System (UHFDDS), as well
as statistical data from the New Hampshire Department of Insurance.
 The Department states that data collection, review, validation, and modeling will be provided by
the staff in the Bureau of Public Health Statistics and Informatics (BPHSI), which will require
an additional a 1.0 full-time equivalent (FTE) data analyst position, either as a contractor or a
new state employee. The Department's projected cost for this position is shown below. The
Department further states that data analysis and reporting will be provided through an existing
contract with the University of New Hampshire. The Department anticipates the contract will
need to be amended to provide for an additional 0.10 FTE to perform the functions required by
the bill.
The Department also anticipates needing additional resources to support a Request for Proposals
(RFP) to develop a training webinar accessible on an as-needed basis for health care providers
responsible for submitting timely and accurate data.
The Department's projected costs are shown below.
FY 2023 FY 2024 FY 2025
UNH Contract Salary (0.10FTE)
$9,000 $9,300 $9,600
(3% increase yearly)
Salary (BPHSI staff) 1.00 FTE
$69,800 $71,900 $74,000
(3% increase yearly)
UNH Contract Benefits
$3,800 $4,100 $4,200
(3% increase yearly)
Benefits (BPHSI staff)
$46,700 $48,100 $49,500
(3% increase yearly)
Training
$10,000 $0 $0
Total $139,300 $133,400 $137, 300
This bill does not appropriate funding or provide authorization for positions.
AGENCIES CONTACTED:
Department of State and Department of Health and Human Services