2021 -- S 0062 SUBSTITUTE A AS AMENDED

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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 confidential health care

information.

     (a) As used in this section:

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

authorized representative covered under a health insurance policy that insurance communications

containing confidential health care information be communicated to him or her at a specific mail

or email address or specific telephone number, as designated by the insured individual or authorized

representative.

     (2) "Confidential health care information" shall have the same meaning as set forth in § 5-

37.3-3.

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

5-37.3-3.

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

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

of consenting to the provisions of covered benefits.

     (6) "Patient or authorized representative" shall have the same meaning as set forth in § 5-

37.3-3.

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

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

confidential health care information:

     (1) A health insurer shall permit an insured individual or authorized representative to

submit a confidential communications request form as described in subsection (d) of this section.

A health insurer shall accommodate requests for communication in the form and format requested

by the insured individual or authorized representative, if it is readily producible in the requested

form and format. A health insurer shall permit that communications containing confidential health

care information be communicated to the insured individual or authorized representative at a

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

or authorized representative.

     (2) A health insurer may require the insured individual or authorized representative 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 or

authorized representative 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 ten (10) calendar days of the receipt of an electronic

transmission or telephonic request or within ten (10) calendar days of receipt by first-class mail.

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

the insured individual or authorized representative of the status of implementation of the request if

an insured individual or authorized representative contacts the insurer.

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

section.

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

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

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

information on best practices relating to how providers can support insured individuals or

authorized representatives requesting confidential communications including, but not limited to:

     (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

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form described in subsection (d) of this section, prominently displayed and available to insured

individuals or authorized representatives; and

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

described in subsection (d) of this section that has been completed by an insured individual or

authorized representative to that insured individual's health insurer.

     (f) 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 on January 1, 2022.

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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 on January 1, 2022.

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