RSA 332-I:1 · Medical Records; Definitions

332-I:1 Medical Records; Definitions. –

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I.

All medical information contained in the medical records in the possession of any health care provider, or in the possession of any third-party vendor with whom a health care provider contracts to store, handle, and issue copies of such medical records, shall be deemed to be the property of the patient. The patient or the patient's requestor shall be entitled to a copy of such records upon request, as regulated by the Health Insurance Portability and Accountability Act of 1996, as amended ("HIPAA").

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(a)

For purposes of this section, a "requestor" means the patient's personal representative, the patient's health care provider, an individual authorized to access the patient's medical record through a valid power of attorney, or the patient's attorney.

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(b)

For any request made by a requestor, the cost for electronic copies of the patient's medical records, and all related services, shall be charged at a reasonable rate not to exceed $50.00, and the cost for paper copies of the patient's medical records, and all related services, shall not exceed $5 for the first page, $.41 per page for pages 2 through 50, and $.30 per page for pages 51 and higher. If, however, any redactions to the patient's records are specifically requested by the requestor, such as for example, redactions of sensitive information pertaining to HIV status, drug and alcohol use, mental health, or genetic testing, the requestor may be charged a reasonable cost for the labor necessary to complete those redactions, not to exceed $25 per hour.

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(c)

If a patient's medical records are stored and available in an electronic format, they shall be provided in that format to the requestor. Records which are stored and available in an electronic format shall not be printed and provided in paper format unless specifically requested in paper format by the requestor.

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(d)

All records being provided pursuant to requests by a requestor shall be provided to the requestor within 30 days of the receipt of the request, and any records not provided within 30 days shall be provided at no cost, absent an independent intervening force majeure which renders the requested records inaccessible, irretrievable, or undeliverable within this 30-day timeframe.

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(e)

If an incomplete copy of the requested medical records is provided, and additional requests are required to obtain a complete copy of the originally requested medical records, any records provided pursuant to those additional requests shall be provided at no cost.

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(f)

Notwithstanding any other provision of law, when the requestor of medical records is the person's health care provider, the requested transfer must be made within 14 days of the request at no cost.

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II.

In this chapter:

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(a)

The following terms have the same meaning as given in the regulations under sections 262 and 264 of the Health Insurance Portability and Accountability Act of 1996 (HIPAA):

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(1)

Business associate;

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(2)

Use;

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(3)

Disclosure; and

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(4)

Protected health information.

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(b)

"Health care provider" means any person, corporation, facility, or institution either licensed by this state or otherwise lawfully providing health care services, including, but not limited to, a physician, advanced practice registered nurse, physician associate, hospital, office, clinic, health center or other health care facility, dentist, nurse, optometrist, pharmacist, podiatrist, physical therapist, mental health professional, care coordinator, managed care provider, or the department of health and human services, and any officer, employee, or agent of such provider acting in the course and scope of employment or agency related to or supportive of health care services.

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(c)

[Repealed.]

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(d)

"Marketing" means:

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(1)

To make a communication about a product or service that encourages recipients of the communication to purchase or use the product or service, unless the communication is made by the individual's health care provider;

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(A)

For treatment of the individual;

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(B)

For case management or care coordination for the individual;

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(C)

To direct or recommend to the individual:

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(i)

Alternative treatments or therapies if recommended by the individual's health care provider;

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(ii)

Health care providers;

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(iii)

Settings of care; or

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(D)

For treatment-related reminders or health promotion activities by health care providers.

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(2)

An arrangement between a health care provider and any other person whereby the health care provider discloses protected health information to the other person, in exchange for direct or indirect remuneration, for the other person or an affiliate of the other person to make a communication about the person's own product or service that encourages recipients of the communication to purchase or use that product or service.

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(e)

"Audit trail" means a chronological record identifying specific persons who have accessed an electronic medical record, the date and time the record was accessed, and, if such information is available, the area of the record that was accessed. An audit trail shall not be considered a part of a person's medical care.

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(f)

"Individual" means the subject of the protected health information, including a guardian or other legal representative.

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(g)

[Repealed.]

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(h)

[Repealed.]

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III.

Release or use of patient identifiable medical information for the purpose of sales or marketing of services or products shall be prohibited without written authorization. Source. 1989, 43:2. 1997, 331:11. 1998, 236:2. 2001, 85:2. 2004, 144:1. 2006, 250:1. 2009, 213:5; 318:2. 2010, 64:1. 2011, 232:2, 3. 2014, 189:1, eff. Sept. 9, 2014. 2020, 37:4, XXIII, XXIV, eff. July 29, 2020. 2024, 265:5, eff. July 26, 2024. 2025, 105:1, eff. June 17, 2025; 233:1, eff. Sept. 13, 2025.

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