141-J:1 Birth Conditions Program Authorized. – The department of health and human services may establish and maintain a statewide, population-based public health surveillance program on birth conditions, to be known as the New Hampshire birth conditions program if established. The program shall: I. Determine the prevalence and trends of birth conditions among New Hampshire […]
141-J:10 Penalties. – I. Any person who violates the provisions of this chapter is guilty of a class B misdemeanor. II. An individual harmed by a person violating this chapter may bring a civil action against the person and, if successful, shall be awarded the greater of actual damages or liquidated damages of $2,500 […]
141-J:11 Advisory Panel. – If the department establishes or maintains the New Hampshire birth conditions program, the department shall establish an advisory panel for the program. The panel shall provide technical guidance regarding the operation of the program and such assistance as needed to carry out the program’s goals. The panel shall include representatives […]
141-J:2 Definitions. – In this chapter: I. " Birth condition " means one or more of the birth conditions recommended by the National Birth Defects Prevention Network and/or the Centers for Disease Control and Prevention. II. " Commissioner " means the commissioner of the department of health and human services. III. " Department " […]
141-J:3 Program Access to Health Information. – I. Health care providers, health care facilities, clinics, laboratories, medical records departments, and state offices, agencies, and departments shall allow the program to have access to individually identifiable health information relating to the occurrence of birth conditions in children, infants, or stillborn fetuses. The program may acquire […]
141-J:4 Program Ability to Share Data. – Program staff and authorized department employees, agents, and contractors may use or disclose individually identifiable health information solely for the purposes specified in RSA 141-J:1. Such uses or disclosures shall be limited to the minimum amount of individually identifiable health information necessary to further such purposes. Source. […]
141-J:5 Election Not to Participate in the Program. – I. An individual who is the subject of individually identifiable health information may elect not to participate in the program. If the individual is a minor or is legally incompetent, the individual’s parent or legal guardian may so elect on the individual’s behalf. II. The […]
141-J:6 Rights of Individuals. – An individual with respect to whom the program retains individually identifiable health information may: I. Elect at any time not to participate in the program. Upon such election, the program shall remove any individually identifiable health information relating to the individual. II. Review any individually identifiable health information in […]
141-J:7 Program Records Not Public Records. – Any individually identifiable health information acquired, used, disclosed, or retained by the program shall not constitute a public record. The names and addresses of individuals who have elected not to participate in the program shall not be a public record. No individually identifiable health information retained by […]
141-J:8 Privacy and Confidentiality Protections. – I. Any person allowed access to individually identifiable health information in program records shall sign a confidentiality agreement, in a form specified by the department, requiring adherence to privacy and security protections equivalent to or greater than the protections provided in this chapter. II. The department shall maintain […]
141-J:9 Rulemaking. – The commissioner of the department of health and human services may adopt rules under RSA 541-A concerning the following: I. The form and manner through which information shall be made available to and by the program under RSA 141-J:3 and 4. II. The election procedure pursuant to RSA 141-J:5. III. The […]