Section He-P 3012.04 - Election Not to Participate in the NHBCP(a) If an individual, or the parent or guardian of a minor or an individual who is legally incompetent, objects to the collection of individually identifiable health information by the NHBCP, the individual, or a parent or guardian of a minor or an individual who is legally incompetent, may elect not to participate in the NHBCP program, by completing and submitting an opt-out form "Birth Conditions Program Registry Form" (12/2017), as defined by He-P 3012.03(e) in accordance with RSA 141-J:5 and RSA 141-J:6, I.(b) Within 7 business days of case confirmation per He-P 3012.03(d) , the NHBCP shall send an opt-out information packet which shall include: (1) A letter to the individual, or the parent or guardian of a minor or an individual who is legally incompetent, explaining the collection of the birth condition data by the NHBCP under RSA 141:J;(2) A NHBCP fact sheet about the nature and purpose of the program including the telephone number, fax number, mailing address, and email address of the NHBCP;(3) Information about state-supported early intervention and prevention services; and(4) An opt-out form "Birth Conditions Program Registry Form" (12/2017) with: a. A statement that the failure to complete and return the opt-out form "Birth Conditions Program Registry Form" (12/2017) within 60 calendar days of the date of the letter means that their individually identifiable health information as listed in He-P 3012.03 shall be collected by the NHBCP;b. A statement that the individual, or the parent or guardian of a minor or an individual who is legally incompetent, may elect not to participate at any time in the future in accordance with RSA 141-J:6, I and He-P 3012.06(a) ;c. Information on what will occur as a result of opting out of the program; andd. Information on the possible risks and benefits of participating in the program.(c) If information packets described in (b) above are returned to the NHBCP as undeliverable, the program shall contact the individual's health care provider for the individual's most current address. The provider shall disclose that information solely for the purpose of the NHBCP contacting the individual regarding the opt-out procedures. Should the information packets described in (b) above be returned undeliverable a second time, the NHBCP shall not retain any information other than that allowed by (e) below.(d) The NHBCP shall send letters to acknowledge the individual's decision to opt-out of the NHBCP within 7 business days of receipt of the completed opt-out form.(e) The NHBCP shall develop a list of individuals who have confirmed birth conditions but who have elected to opt-out of the program, including the dates of such elections, which shall be used only as a means of verifying that the individual or the parent, or guardian of a minor or an individual who is legally incompetent, has opted out in the event that individual's record is encountered again through routine case finding. This list shall not be disclosed to any entity or individual outside of the NHBCP and shall be purged after 2 years from the date the case was confirmed.N.H. Admin. Code § He-P 3012.04
Amended by Volume XXXVII Number 32, Filed August 10, 2017, Proposed by #12333, Effective 7/22/2017, Expires 1/18/2018.Amended by Volume XXXVIII Number 06, Filed February 8, 2018, Proposed by #12448, Effective 1/9/2018, Expires 1/9/2028.