2021 -- S 0062 SUBSTITUTE A

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LC000744/SUB A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS -- CONFIDENTIALITY OF HEALTH

CARE COMMUNICATIONS AND INFORMATION ACT

     Introduced By: Senators Goldin, Valverde, DiMario, Mendes, and Miller

     Date Introduced: January 19, 2021

     Referred To: Senate Health & Human Services

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 5-37.3 of the General Laws entitled "Confidentiality of Health Care

Communications and Information Act" is hereby amended by adding thereto the following section:

     5-37.3-12. Right to confidential communication of medical information.

     (a) As used in this section:

     (1) “Confidential communications request” means a request by an insured individual

covered under a health insurance policy that insurance communications containing medical

information be communicated to him or her at a specific mail or email address or specific telephone

number, as designated by the insured individual.

     (2) “Health insurer” shall have the same meaning as “managed-care entity” as defined in §

5-37.3-3

     (3) “Health care provider” shall have the same meaning as set forth in § 5-37.3-3.

     (4) "Insured individual" means a covered individual under the policy and legally capable

of consenting to the provisions of covered benefits.

     (5) “Medical information” means any individually identifiable information, in electronic

or physical form, in possession of or derived from a health care provider, health insurer,

pharmaceutical company, or contractor regarding a patient’s medical history, mental or physical

condition, or treatment. “Individually identifiable” means that the medical information includes or

contains any element of personal identifying information sufficient to allow identification of the

individual, such as the patient’s name, address, electronic mail address, telephone number, or social

security number, or other information that, alone or in combination with other publicly available

information, reveals the individual’s identity.

     (b) Notwithstanding any other law, and to the extent permitted by federal law, a health

insurer shall take the following steps to protect the confidentiality of an insured individual's medical

information on and after January 1, 2022:

     (1) A health insurer shall permit an insured individual to submit a confidential

communications request form as described in subsection (e) of this section. A health insurer shall

accommodate requests for communication in the form and format requested by the insured

individual, if it is readily producible in the requested form and format. A health insurer shall permit

that communications containing medical information be communicated to the insured individual at

a specific mail or email address or specific telephone number, as designated by the insured

individual.

     (2) A health insurer may require the insured individual to make a request for a confidential

communication described in subsection (b)(1) of this section, in writing or by electronic

transmission.

     (3) The confidential communication request shall be valid until the insured individual

submits a revocation of the request, or a new confidential communication request is submitted.

     (4) For the purposes of this section, a confidential communications request must be

implemented by the health insurer within seven (7) calendar days of the receipt of an electronic

transmission or telephonic request or within fourteen (14) calendar days of receipt by first-class

mail. The health insurer shall acknowledge receipt of the confidential communications request and

advise the insured individual of the status of implementation of the request if an insured individual

contacts the insurer.

     (c) Notwithstanding subsection (b) of this section, a health care provider may make

arrangements with the insured individual for the payment of benefit cost sharing and communicate

that arrangement with the insurer.

     (d) A health insurer shall not condition coverage on the waiver of rights provided in this

section.

     (e) All health insurers shall create a confidential communications request form that shall

be easily readable and prominently displayed on the health insurer’s website.

     (f) The department of health shall develop and disseminate to health care providers

information on best practices relating to how providers can support patients requesting confidential

communications including, but not limited to:

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     (1) Ensuring that health care providers and health care staff are aware and understand the

requirements outlined in this section;

     (2) Having hard-copy versions of the standardized confidential communications request

forms described in subsection (e) of this section, prominently displayed and available to patients;

and

     (3) Offering to submit the standardized confidential communications request forms

described in subsection (e) of this section that has been completed by a patient to that patient’s

health insurer.

     (g) The office of the health insurance commissioner and the department of health may

adopt reasonable rules and regulations for the implementation and administration of this chapter.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS -- CONFIDENTIALITY OF HEALTH

CARE COMMUNICATIONS AND INFORMATION ACT

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     This act would require a health insurer to accommodate the request for communication in

the form and format requested by the insured individual, if it is readily producible in the requested

form and format, including to provide such medical information to a specific mail or email address

or specific telephone number, as designated by the insured individual.

     This act would take effect upon passage.

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