New Hampshire bill expands DHHS power over maternal death records and privacy issues

May 21, 2025 | Executive Departments and Administration, House of Representatives, Committees , Legislative, New Hampshire


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New Hampshire bill expands DHHS power over maternal death records and privacy issues
A proposed bill in New Hampshire is stirring significant debate over privacy rights and maternal health data access. The legislation aims to expand the authority of the Commissioner of the Department of Health and Human Services, allowing access to the medical records of all women who died during or within a year of pregnancy, regardless of the cause of death. Critics argue this could lead to intrusive investigations into personal matters, including questioning family members of women who may have died in unrelated circumstances, such as car accidents.

During a recent legislative meeting, concerns were raised about the implications of this bill. Representative Lamm highlighted that the current law restricts access to personally identifiable information only when public health is at risk. The proposed changes would eliminate this safeguard, potentially opening up sensitive information about women who have died, including those who chose to terminate their pregnancies.

Supporters of the bill, including Representative DeVries, argue that it is a necessary measure to improve maternal health outcomes by allowing a comprehensive review of maternal deaths. They emphasize the need for a more inclusive panel that includes representatives from the Department of Children, Youth and Families (DCYF) and the Department of Corrections to better understand the factors contributing to maternal mortality.

However, the discussion revealed a divide among lawmakers. Some, like Representative Howard, expressed skepticism about the necessity of the changes, suggesting that the current system is functioning adequately. Others raised constitutional concerns, questioning whether the right to privacy extends to deceased individuals under New Hampshire law.

As the committee continues to deliberate, the future of this bill remains uncertain. Lawmakers are considering potential compromises, such as including the Department of Corrections while excluding DCYF, to address the pressing need for child welfare without compromising the privacy of deceased individuals. The outcome of this legislation could have lasting implications for maternal health data access and privacy rights in New Hampshire.

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