SB 0212

CHAPTER 309

SB 212 - FINAL VERSION

AN ACT requiring fiscal impact statements for interim administrative rules, prohibiting agencies from requiring by rule the submission of social security numbers, and authorizing certain agencies to collect social security numbers.

SPONSORS: Sen. Below, Dist 5; Sen. Larsen, Dist 15; Sen. Flanders, Dist 7; Sen. D'Allesandro, Dist 20; Rep. Patten, Carr 7; Rep. Wall, Straf 72

This bill eliminates the exemption of interim rules from the fiscal impact statement requirements and prohibits agencies from requiring by rule the submission of social security numbers. This bill also authorizes the commissioner of the department of revenue administration to require the submission of a person's social security or other federal tax identification number and requires the submission of voluntarily-provided social security numbers to the department of health and human services on certain reports.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

Be it Enacted by the Senate and House of Representatives in General Court convened:

309:1 Interim Rules; Requirements. Amend the introductory paragraph of RSA 541-A:19, II to read as follows:

II. An agency may adopt an interim rule without meeting the requirements of RSA [~~541-A:5~~] 541-A:6 through RSA 541-A:14 except, however, the agency shall meet the requirements of RSA 541-A:7 and 541-A:8 provided the agency:

309:2 New Subparagraph; Validity of Rules; Prohibitions. Amend RSA 541-A:22, III by inserting after subparagraph (g) the following new subparagraph:

(h) Require a submission of a social security number unless mandated by state or federal law.

309:3 New Section; Department of Revenue Administration; Federal Tax Identification. Amend RSA 21-J by inserting after section 27 the following new section:

21-J:27-a Federal Tax Identification. The commissioner of the department of revenue administration is authorized to require the submission of a social security number, a federal employer identification number, or any other identifying number used in filing or preparing federal tax returns by individuals, businesses, or return preparers.

309:4 Health Care Data Collection; Social Security Numbers. Amend RSA 126:25, I(i) to read as follows:

(i) Any demographic or diagnostic information necessary for the administration of this subdivision, including social security numbers if persons were given the option at the original point of collection to provide social security numbers voluntarily.

309:5 Chronic Disease Prevention, Assessment, and Control; Reporting; Social Security Numbers. Amend RSA 141-B:7 to read as follows:

141-B:7 Reporting. All facilities shall provide a report to the cancer registry, including social security numbers if persons were given the option at the original point of collection to provide social security numbers voluntarily, containing information regarding a cancer diagnosed or being treated.

309:6 Reporting of Communicable Disease; Social Security Number. Amend RSA 141-C:7, I to read as follows:

I. Upon becoming aware of any communicable disease or communicable disease syndrome listed under RSA 141-C:8, any health care provider, clinical laboratory director, the superintendent or other person in charge of any hospital, or other health care facility, or any other person having under his or her care or observation a person afflicted with a communicable disease or communicable disease syndrome, or who has reason to believe that a person was or might have been afflicted with a communicable disease at the time of death, shall report to the commissioner the communicable disease or communicable disease syndrome and shall provide social security numbers, if persons were given the option at the original point of collection to provide social security numbers voluntarily, and such additional information and periodic reports as required under RSA 141-C:9, I.

309:7 Critical Health Problems Reporting Act; Form; Social Security Numbers. Amend RSA 141-A:5, I to read as follows:

I. The report prescribed in RSA 141-A:4 shall be designated as a critical health problem report and shall contain social security numbers, if persons were given the option at the original point of collection to provide social security numbers voluntarily, and information which the commissioner considers necessary to identify, locate, and investigate the occurrence, frequency, incidence, cause, effect, and prognosis of the critical health problem, and other relevant data and findings with respect thereto.

II. Remainder shall take effect September 19, 2003)