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Privacy and Confidentiality in New Hampshire

New Hampshire law protects an individual’s right to privacy and confidentiality of medical information.1 This protection extends to an individual’s genetic information.2 Health care providers and insurers must obtain written consent from a patient prior to disclosing the patient’s medical information to third parties.3

New Hampshire law permits the disclosure of medical information for specific reasons. For example, health care providers must honor patients’ requests to access their own information.4 Health care providers are required to report medical information to the Department of Health and Human Services or to other state authorities to protect public health and enable medical research.5 Medical information obtained by the Department of Health and Human Services is confidential.6 Additionally, physicians may disclose HIV test results to a patient’s parents or legal guardian if the patient is a minor or mentally incapable of understanding the ramifications of a positive test result.7  Health care providers and facilities may use medical information for quality improvement purposes but must ensure that the information is kept confidential.8

 

Footnotes

  • 1. Revised Statutes of the State of New Hampshire §§151:21; 151:21-b; 151:30; 151:35; 172-8-a; 318:47-f; 318-B:12; 318-B:12-a; 173-C:2; 173-C:3; 316-A:27; 326-B:35; 328-A:15; 328-F:28; 329:26; 330-A:26; 330-A:32; 330-C:27; 330-A:32; 332-I:2; 332-I:3; 332-I:6; 400-A:15; 417:12; 420-J:10; 420-J:11; 420-J:14
  • 2. Revised Statutes of the State of New Hampshire §§141-H:3; 141-H:4; 141-H:5; 141-H:6
  • 3. Revised Statutes of the State of New Hampshire §§135-C:19-a; 141-F:8; 332-I:4; 332-I:5
  • 4. Revised Statutes of the State of New Hampshire §§332-I:1
  • 5. Revised Statutes of the State of New Hampshire §§132:6; 137-K:7; 141-A:3; 141-A:5; 141-A:6; 141-B:7; 141-B:9; 141-C:7; 141-C:8; 141-C:10; 141-C:20-f; 141-F:9; 141-J:2; 141-J:3; 161-F:49; 171-A:30; 173-C:10; 318-B:21; 330-A:25
  • 6. Revised Statutes of the State of New Hampshire §§126:24-d; 126:24-I; 126:28; 126-A:11; 126-J:11; 141-J:7; 141-J:8; 151:13; 161-F:57
  • 7. Revised Statutes of the State of New Hampshire §141-C:7
  • 8. Revised Statutes of the State of New Hampshire §§151:13-a; 153-A:34

 

Privacy and Confidentiality in New Hampshire

Subtopic Statute/Regulation Description
Privacy and Confidentiality Disclosure of Certain Information - N.H. Rev. Stat. Ann. § 135-C:19-a Records and information relating to the mental health of an individual are confidential and privileged to the patient, and may only be disclosed in...
N.H. Rev. Stat. Ann. § 151:21-b - Home care clients’ bill of rights Home health care providers must provide their clients with a written copy of the rights and responsibilities listed below in advance of or during the...
N.H. Rev. Stat. Ann. § 172:8-a Confidentiality of Client Records Substance abuse treatment records are confidential and privileged to the patient, and may only be disclosed...
N.H. Rev. Stat. Ann. § 318:47-f - Prescription information to be kept confidential Prescription information containing patient and prescriber-identifiable data may not be disclosed to third parties except for limited purposes...
N.H. Rev. Stat. § 329:17 Disciplinary Action; Remedial Proceedings Section 329:17 establishes the procedures and grounds for disciplining licensed New Hampshire physicians....
N.H. Rev. Stat. § 420-G:11-a Development of a Comprehensive Health Care Information System The Department of Insurance and Department of Health and Human Services must enter into...
New Hampshire Code of Administrative Rules Ch § 403.02 “Disrespect to a patient as unprofessional conduct under the board of chiropractic examiners regulation” A chiropractor may not engage in...
New Hampshire Code of Administrative Rules He-M §311.05 “Personal rights under the division of mental health and developmental services regulations” Clients of state mental health facilities...
New Hampshire Code of Administrative Rules He-P § 3008.17 “Confidentiality and security of records under the division of public health services regulations” All records maintained by the newborn...
New Hampshire Code of Administrative Rules He-P § 3012.03 “Program access to health information under the division of public health services regulations” Health care providers and facilities must...
New Hampshire Code of Administrative Rules He-P § 3012.05 “Confidentiality and security of records under the division of public health services regulations” All records maintained by the New...
New Hampshire Code of Administrative Rules He-P § 3012.07 “Program ability to share data under the division of public health services regulations” Health information maintained by the New...
New Hampshire Code of Administrative Rules He-P §301.15 “Procedures for record keeping under the division of public health services regulations” Every primary and secondary school and child...
New Hampshire Code of Administrative Rules He-P §304.02 “Reporting requirements under the division of public health services regulations” All governmental or private agencies, Department of...
New Hampshire Code of Administrative Rules He-P §304.08 “Procedures for disclosure of protected health information under the division of public health services regulations” The state cancer...
New Hampshire Code of Administrative Rules He-P §305.04 “Procedures for confidentially testing HIV specimens for medical records under the division of public health services regulations” Every...
New Hampshire Code of Administrative Rules He-P §305.05 “Procedures for conducting HIV tests in correctional facilities and the New Hampshire hospital under the division of public health services...
New Hampshire Code of Administrative Rules He-P §305.06 “Standards for performing HIV testing under the division of public health services regulations” All laboratories or other organizations...
New Hampshire Code of Administrative Rules He-P §307.07 “Health provider access to the registry under the division of public health services regulations” Health care providers may access data...
New Hampshire Code of Administrative Rules He-P §307.08 “Department access to the registry under the division of public health services regulations” To ensure confidentiality, the commissioner...
New Hampshire Code of Administrative Rules He-P §307.09 “Access to the registry by third parties under the division of public health services regulations” The commissioner of health and human...
New Hampshire Code of Administrative Rules He-P §601.03 “Definitions under the division of public health services regulations”  (q) “Other qualified agency” means an entity...
New Hampshire Code of Administrative Rules He-P §601.10 “Duties and responsibilities to other qualified agencies under the division of public health services regulations” An other qualified...
New Hampshire Code of Administrative Rules He-P §802.14 “Duties and responsibilities of all licensees under the division of public health services regulations” A hospital is responsible for...
New Hampshire Code of Administrative Rules He-P §808.14 “Duties and responsibilities of all licensees under the division of public health services regulations” Laboratories must meet various...
New Hampshire Code of Administrative Rules Ins §3005.01 “When authorization required for disclosure of nonpublic personal health information under the Insurance Department regulations” An...
New Hampshire Code of Administrative Rules Ins §3005.02 “Authorizations under the Insurance Department regulations” A valid authorization to disclose used by an insurer must be in written or...
New Hampshire Code of Administrative Rules Ins §3005.03 “Authorization request delivery under the Insurance Department regulations” An authorization request and an authorization form may be...
New Hampshire Code of Administrative Rules Ins §3005.05 “Relationship to state laws under the Insurance Department regulations” New Hampshire’s insurance regulations do not preempt...
New Hampshire Code of Administrative Rules Ins §3006.02 “Nondiscrimination under the Insurance Department regulations” An insurer may not unfairly discriminate against an enrollee that refused...
New Hampshire Code of Administrative Rules Ins §3006.03 “Violations under the Insurance Department regulations” A violation of insurance regulations may be subject to penalties under the...
New Hampshire Code of Administrative Rules Med §501.02 “Standards of conduct under the board of medicine regulations” A licensed physician must maintain complete and accurate medical records...
New Hampshire Code of Administrative Rules Nur § 402.04 “Disciplinary sanctions under the board of registration in optometry regulations” All licensed nursing assistants, practical nurses,...
New Hampshire Code of Administrative Rules Opt §502.02 “Standards of conduct under the board of registration in optometry regulations” Optometrists must refrain from revealing patients’...
New Hampshire Code of Administrative Rules Ph §501.01 “Standards of conduct under the pharmacy board regulations” A licensed pharmacist must practice in accordance to prevailing professional...
New Hampshire Court Rules Rule 503 "Patient’s privilege under the rules of evidence" Communications between a physician, surgeon, psychologist, or pastoral counselor and a...
Revised Statutes Annotated of the State of New Hampshire §132:6 “Prevention of ophthalmia in newborn under the public health law” A health care provider attending a newborn child must screen for...
Revised Statutes Annotated of the State of New Hampshire §151:13-a “Proceedings of hospital committees; confidentiality under the public health law” Records of a hospital committee are confidential and...
Revised Statutes Annotated of the State of New Hampshire §151:35 “Limitation under the hospitals and sanitaria law” No hospital or ambulatory surgical facility may provide any data that identifies a...
Revised Statutes Annotated of the State of New Hampshire §153-A:34 “Quality management program under the public safety and welfare law” A “quality management program” is a comprehensive...
Revised Statutes Annotated of the State of New Hampshire §328-A:15 “Rights of consumers; confidentiality under the occupations and professions law” Physical therapists must inform their patients in...
Revised Statutes Annotated of the State of New Hampshire §328-F:28 “Privileged communications under the occupations and professions law” Communications between an allied health professional and a patient...
Revised Statutes of the State of New Hampshire § 326-B:35 “Privileged communications between licensees and their clients under the Nurse Practice Act” Communications between nurses and their...
Revised Statutes of the State of New Hampshire §126-A:11 “Medical and scientific research information under the public health law” Personal medical or scientific data obtained by the Department...
Revised Statutes of the State of New Hampshire §126-J:4 “Duties under the public health law” The Department of Health and Human Services, Department of Education, and the Insurance Department...
Revised Statutes of the State of New Hampshire §126:24-d “Disclosure of information from vital records under the public health law” All protected health information contained in vital records...
Revised Statutes of the State of New Hampshire §126:24-i “Penalty under the public health law” Any person who improperly discloses vital records information is guilty of a class B felony....
Revised Statutes of the State of New Hampshire §126:28 “Availability of data under the public health law” Health care data reported by nursing homes, acute health hospitals, residential care...
Revised Statutes of the State of New Hampshire §135-C:19-a “Disclosure of certain information under the public health law” A community mental health center or a state facility providing services...
Revised Statutes of the State of New Hampshire §137-K:7 “Disclosure; confidentiality under the public health law” Information maintained by the brain and spinal cord injury registry is...
Revised Statutes of the State of New Hampshire §141-A:2 “Definitions under the Critical Health Problems Reporting Act” A “critical health problem” means any of the following: lead...
Revised Statutes of the State of New Hampshire §141-A:4 “Reports under the Critical Health Problems Reporting Act” An attending physician or employee of a facility must report to the Department...
Revised Statutes of the State of New Hampshire §141-A:5 “Form under the Critical Health Problems Reporting Act” A report relating to a critical health problem which discloses the identity of an...
Revised Statutes of the State of New Hampshire §141-A:6 “Maintenance of reports under the Critical Health Problems Reporting Act” Critical health problem reports and data must be maintained by...
Revised Statutes of the State of New Hampshire §141-B:7 “Reporting under the public health law” All health care facilities must provide a report to the cancer registry containing information...
Revised Statutes of the State of New Hampshire §141-B:9 “Disclosures; confidentiality under the public health law” Information contained in the cancer registry that identifies individual...
Revised Statutes of the State of New Hampshire §141-C:10 “Disclosure, confidentiality under the public health law” Any protected health information provided by the Department of Health and Human...
Revised Statutes of the State of New Hampshire §141-C:20-f “Immunization registry under the public health law” The Department of Health and Human Services must establish a state immunization...
Revised Statutes of the State of New Hampshire §141-C:7 “Reporting of communicable disease under the public health law” A health care provider, pharmacist, laboratory, hospital, or other health...
Revised Statutes of the State of New Hampshire §141-C:8 “List of diseases, report forms under the public health law” The Department of Health and Human Services may require healthcare providers...
Revised Statutes of the State of New Hampshire §141-F:7 “Reporting of test results under the public health law” If a person tests positive for HIV and is a minor or mentally incapable of...
Revised Statutes of the State of New Hampshire §141-F:8 “Confidentiality, release of information under the public health law” All records and information pertaining to persons testing for HIV...
Revised Statutes of the State of New Hampshire §141-F:9 “Disease control under the public health law” The Department of Health and Human Services has the authority to investigate reports of...
Revised Statutes of the State of New Hampshire §141-H:3 “Use of genetic testing in employment situations under the public health law” An employer, labor organization, employment agency, or...
Revised Statutes of the State of New Hampshire §141-H:4 “Use of genetic testing in health insurance under the public health law” A health insurer may not require any individual or the...
Revised Statutes of the State of New Hampshire §141-H:5 “Use of genetic testing in life, disability income, and long-term care insurance under the public health law” An insurer who obtains...
Revised Statutes of the State of New Hampshire §141-H:6 “Civil action under the public health law” An individual whose medical information was improperly disclosed may commence a legal...
Revised Statutes of the State of New Hampshire §141-J:2 “Definitions under the public health law” “Birth condition” means one or more of the birth conditions listed in the “...
Revised Statutes of the State of New Hampshire §141-J:3 “Program access to health information under the public health law” Health care providers, facilities, clinics, laboratories, medical...
Revised Statutes of the State of New Hampshire §141-J:7 “Program records not public records under the public health law” Any health information acquired by the birth conditions program is...
Revised Statutes of the State of New Hampshire §141-J:8 “Privacy and confidentiality protections under the public health law” Any person allowed access to individually identified health...
Revised Statutes of the State of New Hampshire §151:13 “Information confidential under the hospitals and sanitaria law” Information, other than reports relating to vital statistics, received...
Revised Statutes of the State of New Hampshire §151:21 “Patients’ bill of rights under the hospitals and sanitaria law” Every patient admitted to a healthcare facility has the following...
Revised Statutes of the State of New Hampshire §161-F:49 “Registry under the public safety and welfare law” The Department of Health and Human Services must establish a state registry to...
Revised Statutes of the State of New Hampshire §161-F:57 “Access to files; confidentiality under the public safety and welfare law” The Department of Health and Human Services’ files on...
Revised Statutes of the State of New Hampshire §171-A:30 “Autism registry under the public safety and welfare law” The Department of Health and Human Services must establish a state registry...
Revised Statutes of the State of New Hampshire §172:8-a “Confidentiality of client records under the public safety and welfare law” Records or information regarding any client of a substance...
Revised Statutes of the State of New Hampshire §173-C:10 “Counselor’s duty to report child abuse under the public safety and welfare law” A domestic violence or sexual assault counselor...
Revised Statutes of the State of New Hampshire §173-C:2 “Privilege under the public safety and welfare law” Communications between a victim of sexual assault or domestic violence and a domestic...
Revised Statutes of the State of New Hampshire §173-C:3 “Assertion or waiver of privilege under the public safety and welfare law” The privilege between a victim and a domestic violence or...
Revised Statutes of the State of New Hampshire §316-A:27 “Privileged communications under the occupations and professions law” Communications between a chiropractor and patient are confidential...
Revised Statutes of the State of New Hampshire §318-B:12 “Records to be kept; confidentiality under the Controlled Drug Act” (I) Practitioners must keep separate records showing the disposition...
Revised Statutes of the State of New Hampshire §318-B:12-a “Treatment for drug abuse under the Controlled Drug Act” Any minor 12 years of age or older may voluntarily admit himself to treatment...
Revised Statutes of the State of New Hampshire §318-B:21 “Certain communications not privileged under the Controlled Drug Act” Information provided by a patient to a practitioner regarding the...
Revised Statutes of the State of New Hampshire §329:26 “Privileged communications under the occupations and professions law” Communications between a physician or surgeon and a patient are...
Revised Statutes of the State of New Hampshire §330-A-32 “Privileged communications under the occupations and professions law” Communications between a mental health professional and patient are...
Revised Statutes of the State of New Hampshire §330-A:25 “Duty to warn of violent acts of client; civil liability under the occupations and professions law” Any licensed professional qualified...
Revised Statutes of the State of New Hampshire §330-A:26 “Privileged communications between licensees and certificate holders and their clients under the occupations and professions law” A...
Revised Statutes of the State of New Hampshire §330-C:27 “Disciplinary action; misconduct under the occupations and professions law”  (III)(h) A licensed professional qualified to treat...
Revised Statutes of the State of New Hampshire §332-I:1 “Medical records, definitions under the occupations and professions law” All medical information contained in a health care provider...
Revised Statutes of the State of New Hampshire §332-I:2 “Patient information under the occupations and professions law” A patient receiving mental health treatment has the following rights...
Revised Statutes of the State of New Hampshire §332-I:3 “Use and disclosure of protected health information; health information exchange under the occupations and professions law”  (II) A...
Revised Statutes of the State of New Hampshire §332-I:4 “Use and disclosure of protected health information; marketing; fundraising under the occupations and professions law” A health care...
Revised Statutes of the State of New Hampshire §332-I:5 “Unauthorized disclosure under the occupations and professions law” A health care provider must notify a patient in writing if the use or...
Revised Statutes of the State of New Hampshire §332-I:6 “Complaints; right of action under the occupations and professions law” An individual whose medical information was improperly disclosed...
Revised Statutes of the State of New Hampshire §400-A:15 “Statutes, rules, and regulations, violation under the insurance law” An insurer that violates the insurance law is subject to suspension...
Revised Statutes of the State of New Hampshire §417:12 “Procedure as to undefined unfair acts and practices under the insurance law” If the insurance commissioner believes that an insurer...
Revised Statutes of the State of New Hampshire §420-J:10 “Confidentiality of insurer records under the managed care law” Medical data or information in the possession of a health insurer is...
Revised Statutes of the State of New Hampshire §420-J:11 “Confidentiality of insurance department records under the insurance law” All information and records obtained by the insurance...
Revised Statutes of the State of New Hampshire §420-J:14 “Penalties under the insurance law” A health insurer violating the state’s grievance and external review laws may be fined up to $2...