New Hampshire Code of Administrative Rules
He - Department of Health and Human Services
Subtitle He-P - Former Division of Public Health Services
Chapter He-P 3000 - MATERNAL AND CHILD HEALTH
Part He-P 3012 - BIRTH CONDITIONS PROGRAM
Section He-P 3012.03 - Program Access to Health Information

Universal Citation: NH Admin Rules He-P 3012.03

Current through Register No. 40, October 3, 2024

(a) In accordance with RSA 141-J:3 and this section, health care providers and facilities shall allow the NHBCP access to health information and individually identifiable health information relating to the occurrence of birth conditions in children, infants, and stillborn fetuses.

(b) At least annually, the NHBCP shall direct health care providers and facilities to generate a list of presumed cases of birth conditions. This list shall include only the information allowed by (d) (1) below.

(c) The NHBCP medical records abstractor shall be allowed to conduct on-site reviews of medical records to determine which cases identified in (b) above are confirmed cases as recommended by the National Birth Defects Prevention Network or the Centers for Disease Control and Prevention or both.

(d) For confirmed cases determined in accordance with (c) above, the medical records abstractor shall collect:

(1) The diagnosis, the health care provider's name and address, and only the following individually identifiable information about the child, infant, or stillborn fetus:
a. Name; and

b. Address, including town or city, state, and postal code at the time of birth; and

(2) Additional non-individually identifiable health information about the child, infant, or stillborn fetus as recommended by the National Birth Defects Prevention Network or the Centers for Disease Control and Prevention or both.

(e) If the NHBCP has not received a completed opt-out form "Birth Conditions Program Registry Form" (12/2017) form from the individual in accordance with He-P 3012.04, the medical records abstractor shall return to the health care provider or facility to conduct a second on-site visit and perform on-site medical record abstraction to collect only that information described in (f) through (i) below. This visit shall be conducted no earlier than 60 days after the opt-out packet was mailed.

(f) For those cases allowed under (e) above, the following additional individually identifiable health information shall be collected for the child, infant, or stillborn fetus:

(1) Date of birth and death, if applicable;

(2) Results of any genetic testing related to the birth condition; and

(3) Medical record number.

(g) For those cases allowed under (e) above, the following individually identifiable information shall be collected for the mother:

(1) First, middle, and last name; and

(2) Date of birth.

(h) For those cases allowed under (e) above, the following individually identifiable health information shall be collected for the father:

(1) First, middle, and last name; and

(2) Date of birth.

(i) If the pregnancy was voluntarily terminated:

(1) No opt-out package shall be sent;

(2) No individually identifiable health information shall be collected; and

(3) Non-individually identifiable health information may be collected except that the following shall not be collected:
a. Physician or other health care provider; and

b. Health care facility.

(j) The NHBCP shall collect health information and individually identifiable health information relating to New Hampshire residents who meet the criteria for confirmed cases as defined in He-P 3012.02(c) only from those health care facilities, birth conditions surveillance programs, or other sources in other states with which the department has entered into an interstate memorandum of agreement in accordance with RSA 141-J:3.

(k) The NHBCP shall collect individually identifiable health information for confirmed cases of birth conditions defined by He-P 3012.02(c) . When a child meets the criteria for a confirmed case, but a specialist is evaluating the birth condition further, the program shall maintain the child's information for up to 2 years while monitoring the outcome of the specialist evaluation. If the outcome of the specialist evaluation indicates the child no longer meets the criteria for a confirmed case, all information on the child shall be expunged.

#9404, eff 3-5-09

Disclaimer: These regulations may not be the most recent version. New Hampshire may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.