How HB 1317 changes current law

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

This bill establishes new privacy protections for personally identifiable medical, disability, or mental health data in New Hampshire.

• RSA 126

  126:35 Privacy Protections. I. No state agency, political subdivision, contractor, vendor, or grant recipient shall collect, maintain, or disclose personally identifiable medical, disability, or mental health data to the federal government or any third party, unless one or more of the following conditions apply: (a) The individual, or the individual’s parent, guardian, or legal representative, has provided informed written consent; (b) Disclosure is expressly required by state or federal law, regulation, or court order; or (c) Disclosure is necessary to provide or coordinate health care, services, supports, or benefits to the individual. II. When disclosure under paragraph I is required: (a) Agencies shall disclose only the minimum data necessary to comply with the legal requirement; (b) De-identified or anonymized data shall be used whenever practicable; and (c) Contractors, vendors, and grant recipients shall be bound by these same standards.

  This clause creates strict conditions under which personally identifiable medical data may be shared with third parties.

• RSA 126

  126:36 Non-Preemption. Nothing in this subdivision shall be construed to diminish protections provided under federal or state law, including but not limited to: I. The Health Insurance Portability and Accountability Act (HIPAA); II. The Americans with Disabilities Act (ADA); III. Section 504 of the Rehabilitation Act; IV. The Genetic Information Nondiscrimination Act (GINA); V. The New Hampshire law against discrimination; VI. The New Hampshire mental health bill of rights; and VII. Part 1, article 2-b, New Hampshire state constitution, right to privacy.

  This clause affirms that the new privacy protections will not override existing federal or state privacy laws.

• RSA 126

  126:37 Enforcement. The attorney general shall have authority to enforce this act. Violations may be subject to civil penalties and corrective action, consistent with state law.

  This clause grants enforcement authority to the attorney general and establishes potential penalties for violations.