2016 New Hampshire Revised Statutes
Title X - PUBLIC HEALTH
Chapter 137-L - NEW HAMPSHIRE POLST REGISTRY ACT
Section 137-L:3 - POLST Registry Established; Rulemaking; Fund.

    137-L:3 POLST Registry Established; Rulemaking; Fund. –
    I. Subject to sufficient funding, the department shall establish and operate a statewide registry for the collection and dissemination of provider orders for life-sustaining treatment to help ensure that medical treatment preferences for an individual nearing the end of his or her life are honored.
    II. The commissioner shall adopt rules within 6 months of the effective date of this chapter, pursuant to RSA 541-A relative to:
       (a) Requiring submission of the following documents to the registry, if the patient has requested to opt into the registry:
          (1) A copy of each POLST;
          (2) A copy of a revised POLST; and
          (3) Notice of any known revocation of a POLST;
       (b) Prescribing the manner for submitting the information described in subparagraph (a);
       (c) Requiring the release of registry information to authorized users for treatment purposes;
       (d) Authorizing notification by the registry to specified persons of the receipt, revision, or revocation of a POLST; and
       (e) Establishing procedures to protect the accuracy and confidentiality of information submitted to the registry.
    III. To the extent allowed by the Health Insurance Portability and Accountability Act of 1996 (HIPAA), the department may permit qualified researchers to obtain registry data for research purposes conditioned upon removal by the department of any data that identifies a health care provider, a facility, or an individual patient, including his or her name, address, telephone number, and social security number. If the department intends to permit qualified researchers to obtain registry data, the department shall first adopt rules, pursuant to RSA 541-A, governing the process which shall include but not be limited to:
       (a) The definition of a qualified researcher;
       (b) The process for a qualified researcher to request and obtain registry data;
       (c) The types of data that a qualified researcher may be provided from the registry; and
       (d) The manner by which a qualified researcher shall protect registry data obtained under this provision.
    IV. The department may contract with a private or public entity to establish or maintain the registry.
    V. There is established the New Hampshire POLST registry fund, which shall be nonlapsing and continually appropriated to the department and administered by the commissioner. This fund shall be used for costs incurred by the department in the course of carrying out the requirements of this chapter. All monetary grants, gifts, donations, or interest generated by these funds shall be deposited with the state treasurer in the fund.

Source. 2014, 328:1, eff. July 1, 2015.