New Hampshire § 141-J-5 - Section 141-J:5 Election Not to Participate in the Program.

§ 141-J-5. Section 141-J:5 Election Not to Participate in the Program.

I. An individual who is the subject of individually identifiable health information may elect not to participate in the program. If the individual is a minor or is legally incompetent, the individual's parent or legal guardian may so elect on the individual's behalf. II. The program shall notify each individual with a confirmed birth condition diagnosis whose individually identifiable health information it proposes to include in the program of the election prior to obtaining any individually identifiable health information relating to the individual, other than name and address and diagnosis. The program shall not obtain any individually identifiable health information for any individual who does not have a confirmed birth condition diagnosis and shall retain the name and address only of any such individual for a period not to exceed 2 years. III. The notices required by paragraph II shall be in writing, on a form developed and revised from time to time by the commissioner. At a minimum, the notice shall: (a) Be written in clear, plain language. (b) Contain the following: (1) A statement explaining the nature and purpose of the program. (2) A statement of the election in paragraph I or the absence of a statement of election in paragraph V, and a statement of the election in RSA 141-J:6, I. (3) Contact information for the program. (4) A place for the individual to sign and date. IV. If an individual elects not to participate in the program, the program shall acknowledge in writing that it has received and will honor the election. V. If the program has notified an individual pursuant to paragraph II or III, and within 60 days of providing such notice has not received the individual's election not to participate in the program, the program may obtain access to, or retain, as the case may be, individually identifiable health information relating to the individual. VI. The program shall not acquire, retain, use, or disclose individually identifiable health information, including birth condition, with respect to those individuals who have elected not to participate in the program under paragraph I or RSA 141-J:6, I. The program shall retain a list of those individuals who have elected not to participate in the program and the dates of such elections but shall not disclose this information to any other entity.