SB347: relative to the use of protected health information by employers.

SB 347-FN - AS INTRODUCED

2022 SESSION

22-3105

04/11

SENATE BILL 347-FN

AN ACT relative to the use of protected health information by employers.

SPONSORS: Sen. Daniels, Dist 11; Rep. Layon, Rock. 6; Rep. Potucek, Rock. 6; Rep. Wuelper, Straf. 3; Rep. Cushman, Hills. 2; Rep. Erf, Hills. 2

COMMITTEE: Commerce

ANALYSIS

This bill prohibits an employer from inquiring, either verbally or in writing, about an employee's protected health information as a requirement for initial or continued employment.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

22-3105

04/11

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Two

AN ACT relative to the use of protected health information by employers.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Section; Labor: Protective Legislation; Discrimination in the Workplace. Amend RSA 275 by inserting after section 37-d the following new section:

275:37-e Protected Health Information.

I. No employer shall inquire, either verbally or in writing, about an employee's protected health information, as that term is defined in 45 C.F.R section 160.103, as a requirement for initial or continued employment. An employer who violates this prohibition shall be guilty of a violation.

II. An employer may inquire, either verbally or in writing, about an employee's protected health information as defined in paragraph I because such information is or would be relevant to the employee's ability to perform his or her job duties. This paragraph shall not be construed to require an employee to disclose any protected health information to an employer.

2 Effective Date. This act shall take effect 60 days after its passage.

LBA

22-3105

12/8/21

SB 347-FN- FISCAL NOTE

AS INTRODUCED

AN ACT relative to the use of protected health information by employers.

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

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Expenditures

$0

$0

$0

$0

Funding Source:

[ X ] General [ ] Education [ ] Highway [ ] Other

METHODOLOGY:

This bill prohibits an employer from inquiring, either verbally or in writing, about an employee's

protected health information as a requirement for initial or continued employment.

The Department of Labor does not anticipate this bill would have an appreciable impact on revenues at the county or local levels. It is possible there could be an indeterminable increase in state revenues as if the Department were to process penalties for an employer acting in violation of the proposed statute, with said revenues possibly passing to the general fund. Such a possible revenue increase is indeterminable because it is not possible to credibly estimate.

The Department states it is unlikely that this bill would have a material impact on expenditures at the state, county or local level. The Department does not anticipate the bill would impact the operational costs of the Department in administering Protective Legislation.

It is assumed that any fiscal impact would occur after FY 2022.

AGENCIES CONTACTED:

Department of Labor