Bill Text: NH HB1654 | 2022 | Regular Session | Introduced
Bill Title: Relative to termination of pregnancy statistics.
Spectrum: Partisan Bill (Republican 7-0)
Status: (Introduced - Dead) 2022-03-21 - Removed from Consent (Rep. Stapleton) 02/16/2022 House Journal 3 [HB1654 Detail]
Download: New_Hampshire-2022-HB1654-Introduced.html
HB 1654-FN - AS INTRODUCED
2022 SESSION
22-2663
05/04
HOUSE BILL 1654-FN
AN ACT relative to termination of pregnancy statistics.
SPONSORS: Rep. Stapleton, Sull. 5; Rep. Wuelper, Straf. 3; Rep. Notter, Hills. 21; Rep. Spillane, Rock. 2; Rep. Gould, Hills. 7; Rep. Gay, Rock. 8; Sen. Birdsell, Dist 19
COMMITTEE: Health, Human Services and Elderly Affairs
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ANALYSIS
This bill requires the department of health and human services to publish an annual report consisting of an aggregate statistical summary of all induced terminations of pregnancy performed in New Hampshire.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
22-2663
05/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Two
AN ACT relative to termination of pregnancy statistics.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Health Care Data; Induced Termination of Pregnancy; Annual Report Required. Amend RSA 126 by inserting after section 25 the following new section:
126:25-a Induced Termination of Pregnancy; Annual Report.
I. In this section:
(a) “Aggregate summary” means a compilation of the information received by the department of health and human services on induced terminations of pregnancy.
(b) “Department” means the department of health and human services.
(c) “Division” means the division of vital records administration, department of state.
(d) “Facility” or “medical facility” means any public or private hospital, clinic, center, medical school, medical training institution, health care facility, physician’s office, infirmary, dispensary, ambulatory surgical treatment center, or other institution or location wherein medical care is provided to any person.
(e) “Health care provider” or “provider” means any individual licensed to provide health care under RSA 326-B:18 or RSA 329 and who provides induced terminations of pregnancy.
(f) “Identification number for health care provider or facility” means a confidential identifier for a health care provider or a facility including the location of the health care provider or the facility by city, town, or county.
(g) “Induced termination of pregnancy” means an intervention performed by a licensed clinician, including a physician, nurse, midwife, nurse practitioner, or physician assistant, that is intended to terminate an ongoing pregnancy, including writing a prescription for mifepristone or misoprostol or other agents intended to induce a medical abortion. It shall not include the dispensation of levonorgestrel or other agents, whether by prescription or over the counter, intended for use as an emergency contraception.
(h) “Patient confidential identification code or number” means an anonymous confidential identifier for a patient's primary residence by state, city, town, or county.
(i) “Procedure” means the process by which an induced termination of pregnancy occurs.
II.(a) The division shall collect non-identifying confidential data on induced termination of pregnancy occurring within the state of New Hampshire using the New Hampshire Vital Record Information Network (NHVRIN) electronic system or any modified or replacement electronic system under the jurisdiction of the division. The division shall bear all responsibility for maintaining the confidentiality of these records. This data shall be stored using only the confidential number of the health care provider assigned by the department to the provider prior to the submission of the form. Provider names or other identifying data shall not be stored in the division or department data systems. This data shall only be released to the department as authorized by this section. Each health care provider or facility shall use an electronic form for such purpose. The electronic form shall be made available by the department to each health care provider or facility. The form shall only require disclosure of information required under this section. The reporting health care provider or facility shall create and use an anonymous patient identification code or number created solely for the purpose of this reporting. The department shall assign a confidential number to each health care provider and facility required to submit the electronic form under this section. The confidential number, or any other personally identifiable information, obtained under this paragraph shall be for statistical purposes only and therefore be exempt from disclosure under RSA 91-A.
(b) The electronic form shall be completed by the health care provider or the facility and securely transmitted to the division on or before the 15th day of each month for the first 6 months of reporting and thereafter on a quarterly basis on the 15th day of the first month of the calendar quarter for all induced terminations of pregnancy occurring within the previous reporting period. The electronic form shall be submitted for each reporting period, even if no procedures were performed during the reporting period, for as long as the facility continues to offer the procedure. One final electronic form shall be submitted for the full reporting period after the procedure is no longer offered.
(c) The department shall have sole responsibility for the analysis of the data and the preparation and distribution of the aggregate summary.
(d) The department shall publish an annual report, commencing with data to be reported as of January 1, 2023, to be posted on the department’s website not later than June 30th of the subsequent year, based on an aggregate summary of the information obtained pursuant to this section. No data may be released by the department that would have the capacity to personally identify either the health care provider who performed the induced termination of pregnancy or the patient on whom it was performed.
(e) The electronic form provided by the department shall include the following data:
(1) The confidential identification number for the health care provider or facility.
(2) The patient’s confidential identification code or number.
(3) The patient’s use and, if applicable, type of contraception.
(4) The patient’s age.
(5) The estimated gestational age of the fetus as determined by the health care provider using as a reference the current American College of Obstetricians and Gynecologists guidelines or any subsequent editions thereto.
(6) The county or municipality if the population of the municipality exceeds 20,000 based on the United States Census Bureau of the address of the patient. If the patient is a resident of another state, then indicated as out-of-state.
(7) Date of termination by month and year.
(8) Method of termination as follows:
(A) Curettage;
(B) Intrauterine instillation;
(C) Medical (nonsurgical); or
(D) Other as specified by the health care provider.
III.(a) The commissioner of the department of health and human services shall publish an annual report relative to pregnancy terminations, commencing with data to be reported as of January 1, 2023, to be posted on the department's website not later than June 30 of the subsequent year, based on an aggregate summary of all data collected through the uniform health care facility discharge data set (UHFDDS), and data collected from facilities pursuant to RSA 126:25, relative to pregnancy terminations as contained in current procedural terminology (CPT) codes of the American Medical Association, 59840 thru 59857 or health care common procedure coding system (HCPCS) codes S01999, S2260 thru S2267 and S8055.
(b) In preparing this report, the Bureau of Public Health Statistics and Informatics (BPHSI) shall collect, review, and utilize relevant data from available resources, including statistical data from the insurance department, and shall publish aggregate results at New Hampshire Health WISDOM system, and provide in annual reporting to the national Centers for Disease Control and Prevention (CDC). No data shall be released by the department that may personally identify either the health care provider who performed an induced termination of pregnancy or the patient on whom it was performed, nor any elements of data that would have the capacity to personally identify either the health care provider, the patient, or the patient's specific residence location within the state.
2 Effective Date. This act shall take effect upon its passage.
22-2663
12/27/21
HB 1654-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to termination of pregnancy statistics.
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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| |||
| Estimated Increase / (Decrease) | |||
STATE: | FY 2022 | FY 2023 | FY 2024 | FY 2025 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | $0 | $0 | $0 |
Expenditures | $0 | $139,300 | $133,400 | $137,300 |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ ] Other | |||
The Department of State was contacted for a fiscal note worksheet on 10/15/2021, which they have not provided as of 12/27/2021.
METHODOLOGY:
This bill requires the Department of State, Division of Vital Records to collect non-identifying data on induced terminations of pregnancy occurring within New Hampshire using the New Hampshire Information Vital Record Information Network, or other system under the jurisdiction of the Division of Vital Records. The bill also requires the Department of Health and Human Services to provide electronic forms to health providers and facilities in order for them to complete applicable information on or before the 15th of each month. Records will remain confidential and be maintained by the Division of Vital Records. Confidential data would be released to the Department of Health and Human Services for statistical purposes only, and the Department would be required to publish publicly available annual reports with an aggregate summary of data.
With respect to the Department of Health and Human Services reporting requirement, the bill requires the Department to assign a confidential number to each healthcare provider under RSA 326-B:18 or RSA 329, as well as each medical facility required to submit the induced termination of pregnancy data on the electronic form. The annual report is to be published by June 30 of each year starting from January 1, 2023. In preparing the report, the Department will be responsible for collecting, reviewing, utilizing, and analyzing data from resources, including information from the Uniform Healthcare Facilities Discharge Data System (UHFDDS), as well as statistical data from the New Hampshire Department of Insurance.
The Department states that data collection, review, validation, and modeling will be provided by the staff in the Bureau of Public Health Statistics and Informatics (BPHSI), which will require an additional a 1.0 full-time equivalent (FTE) data analyst position, either as a contractor or a new state employee. The Department's projected cost for this position is shown below. The Department further states that data analysis and reporting will be provided through an existing contract with the University of New Hampshire. The Department anticipates the contract will need to be amended to provide for an additional 0.10 FTE to perform the functions required by the bill.
The Department also anticipates needing additional resources to support a Request for Proposals (RFP) to develop a training webinar accessible on an as-needed basis for health care providers responsible for submitting timely and accurate data.
The Department's projected costs are shown below.
| FY 2023 | FY 2024 | FY 2025 |
UNH Contract Salary (0.10FTE) (3% increase yearly) | $9,000 | $9,300 | $9,600 |
Salary (BPHSI staff) 1.00 FTE (3% increase yearly) | $69,800 | $71,900 | $74,000 |
UNH Contract Benefits (3% increase yearly) | $3,800 | $4,100 | $4,200 |
Benefits (BPHSI staff) (3% increase yearly) | $46,700 | $48,100 | $49,500 |
Training | $10,000 | $0 | $0 |
Total | $139,300 | $133,400 | $137, 300 |
This bill does not appropriate funding or provide authorization for positions.
AGENCIES CONTACTED:
Department of State and Department of Health and Human Services
