This RSA section is an unofficial mirror, is not legal advice, and may be incomplete, outdated, or incorrectly processed.
RSA 332-I:4 · Use and Disclosure of Protected Health Information; Marketing; Fundraising
332-I:4 Use and Disclosure of Protected Health Information; Marketing; Fundraising. –
Copy linkA health care provider, or a business associate of the health care provider, shall obtain an authorization for any use or disclosure of protected health information for marketing. Such authorization shall meet the authorization implementation specifications for marketing under the regulations adopted pursuant to sections 262 and 264 of HIPAA, as amended.
Copy link(a) For use or disclosure of protected health information for fundraising, a health care provider, or a business associate of the health care provider, shall, in a clear and conspicuous manner, provide an opportunity for any intended recipient of one or more fundraising communications to elect not to receive such communications. A clear and conspicuous opportunity shall include, but not be limited to, simple election language and type of a sufficient size as to be easily readable by the average adult reader. Such opportunity shall be provided:
Copy linkUpon presentation of the notice of privacy practices required by regulations adopted pursuant to sections 262 and 264 of HIPAA, as amended, if such notice is given to the intended recipient prior to any fundraising communication; or
Copy linkTo an individual who does not elect to not receive fundraising communications in the opportunities in subparagraph (1) or (2), in any subsequent written fundraising communications.
Copy linkWhen an individual elects not to receive any fundraising communication, such election shall be treated as a revocation of authorization under 45 C.F.R. section 164.508.
Copy linkProtected health information disclosed for marketing or fundraising shall not be disclosed by voice mail, an unattended facsimile, or through other methods of communication that are not secure. Source. 2009, 213:6, eff. Jan. 1, 2010 at 12:01 a.m.
Copy linkSource note
Source. 2009, 213:6, eff. Jan. 1, 2010 at 12:01 a.m.
Source history
- 2009, 213:6, eff. Jan. 1, 2010 at 12:01 a.m
Related materials
Bill relationships
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2026 HB1231
amend
1 New Subdivision; Medical Records, Patient Information, and The Health Information Organization Corporation; Disclosure of Medical Services Billed to Insurance Carrier. Amend RSA 332-I by inserting after section 13 the following new subdivision: Disclosure of Medical Services Billed to Insurance Carrier 332-I:14 Definitions. In this subdivision: I. “Health care provider” means any individual or
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2026 HB1378
amend
a minor child’s health care needs, parents must be granted access to their children’s medical records. 2 New Section; Parental Access to a Minor Child's Medical Records. Amend RSA 332-I by inserting after section 1 the following new section: 332-I:1-a Parental Access to a Minor Child's Medical Records. I. For the purposes of this section, "medical records" means physical medical records and elect
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2025 HB70
add
erminable Indeterminable Indeterminable Local Revenue $0 $0 $0 $0 Local Expenditures $0 Indeterminable Indeterminable Indeterminable METHODOLOGY: The Insurance Department states this bill adds a new section to RSA 332-I prohibiting public and private health carriers from requiring health care providers meet certain electronic medical record standards. Carriers would be prohibited from requiring use of electronic medical recor