2022 -- H 7669

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LC005242

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO BEHAVIORAL HEALTHCARE, DEVELOPMENTAL DISABILITIES AND

HOSPITALS -- MENTAL HEALTH LAW

     

     Introduced By: Representatives Cassar, Kislak, McNamara, Kazarian, and Bennett

     Date Introduced: March 02, 2022

     Referred To: House Health & Human Services

     (BHDDH)

It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 40.1-5-26 and 40.1-5-29 of the General Laws in Chapter 40.1-5

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entitled "Mental Health Law" are hereby amended to read as follows:

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     40.1-5-26. Disclosure of confidential information and records.

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     (a) The fact of admission or certification, and all information and records compiled,

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obtained, or maintained in the course of providing services to persons under this chapter, shall be

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confidential.

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     (b) Information and records may be disclosed only:

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     (1) To any person, with the written consent of the patient, or his or her guardian.

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     (2) In communications among qualified medical or mental health professionals in the

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provision of services or appropriate referrals for treatment, payment, or health care operations, or

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in the course of court proceedings. The consent of the patient, or his or her guardian, must be

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obtained before information or records may be disclosed by a professional person employed by a

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facility to a professional person not employed by the facility who does not have the medical

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responsibility for the patient's care.

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     (3) When the person receiving services, or his or her guardian, designates persons to whom

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information or records may be released, or if the person is a minor, when his or her parents or

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guardian make the designation.

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     (4) To the extent necessary for a recipient to make a claim, or for a claim to be made on

 

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behalf of a recipient, for aid, insurance, or medical assistance to which he or she may be entitled.

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     (5) To proper medical authorities for the purpose of providing emergency medical

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treatment where the person's life or health are in immediate jeopardy.

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     (6) For program evaluation and/or research, provided that the director adopts rules for the

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conduct of the evaluations and/or research. The rules shall include, but need not be limited to, the

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requirement that all evaluators and researchers must sign an oath of confidentiality, agreeing not to

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divulge, publish, or otherwise make known, to unauthorized persons or the public, any information

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obtained in the course of the evaluation or research regarding persons who have received services

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such that the person who received the services is identifiable.

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     (7) To the courts, and persons designated by judges thereof, in accordance with applicable

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rules of procedure. The records and files maintained in any court proceeding pursuant to this

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chapter shall be confidential and available only to the person who was the subject of the proceeding,

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or his or her attorney.

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     (8) To the state medical examiner in connection with the investigation of a fatality of a

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current or former patient to the extent necessary to assist the medical examiner in determining the

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cause of death.

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     (9) To the director of health in accordance with, and to the extent authorized by, the

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provisions of chapter 37.3 of title 5 and all applicable federal laws and regulations; provided,

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however, that with respect to any information obtained, the department complies with all state and

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federal confidentiality laws, including, but not limited to, chapter 37.3 of title 5 and specifically §

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5-37.3-4(c), and that the name, or names, of the patient, or patients, who is or are determined by

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the director of health to be immaterial to the request, inquiry, or investigation remain unidentifiable.

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Any treatment facility that provides information to the director of health in accord with a request

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under this subsection is not liable for wrongful disclosure arising out of any subsequent disclosure

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by the director of health.

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     (10) To a probate court of competent jurisdiction, petitioner, respondent, and/or their

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attorneys, when the information is contained within a decision-making assessment tool that

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conforms to the provisions of § 33-15-47.

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     (11) To the department of children, youth and families and/or the department's contracted

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designee for the purpose of facilitating effective care planning pursuant to § 42-72-5.2(2) and in

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accordance with applicable state and federal laws, for a child hospitalized for psychiatric services

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and such services are paid for in whole or in part by the state, or for a child who may be discharged

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from an acute-care facility to an out-of-home mental or behavioral health agency for services and

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when such services will be paid for in whole or in part by the state.

 

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     (12) To the RIte Care health plans for any child enrolled in RIte Care.

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     (13) To the NICS database for firearms disqualifying information provided that only

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individual identifying information required by § 40.1-5-8(l) is submitted.

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     (14) To any vendor, agent, contractor, or designee who operates an electronic health record,

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health information exchange, or clinical management system for the purpose of sharing data with

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qualified medical or mental health professionals or designees.

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     (c) Written consent must be obtained by the patient, or his or her guardian, before

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disclosures for purposes other than those allowed in § 40.1-5.26(b).

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     40.1-5-29. Record of disclosure.

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     When any disclosure of information or records is made, the physician in charge of the

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patient or the professional person in charge of the facility, or his or her designee, shall promptly

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cause to be entered into the patient's medical record the date and circumstances under which the

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disclosure was made, the names, and relationships to the patient, if any, of the person or agencies

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to whom the disclosure was made, and the information disclosed. Disclosures occurring through

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automated electronic exchanges such as those facilitated by electronic health records or health

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information exchanges shall be recorded and made available to the patient by the applicable system

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operator upon the patient's request.

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     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 BEHAVIORAL HEALTHCARE, DEVELOPMENTAL DISABILITIES AND

HOSPITALS -- MENTAL HEALTH LAW

***

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     This act would amend provisions of law relative to the disclosure of confidential healthcare

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records and the disclosure thereof occurring through electronic means.

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     This act would take effect upon passage.

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