2022 -- H 8008 SUBSTITUTE A

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LC005454/SUB A

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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 HEALTH AND SAFETY -- LICENSING OF HEALTHCARE FACILITIES

     

     Introduced By: Representatives Ackerman, McNamara, Serpa, Shallcross Smith, and
Diaz

     Date Introduced: March 18, 2022

     Referred To: House Health & Human Services

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 23-17-19.1 of the General Laws in Chapter 23-17 entitled "Licensing

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of Healthcare Facilities" is hereby amended to read as follows:

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     23-17-19.1. Rights of patients.

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     Every healthcare facility licensed under this chapter shall observe the following standards

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and any other standards that may be prescribed in rules and regulations promulgated by the

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licensing agency with respect to each patient who utilizes the facility:

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     (1) The patient shall be afforded considerate and respectful care.

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     (2) Upon request, the patient shall be furnished with the name of the physician responsible

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for coordinating his or her care.

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     (3) Upon request, the patient shall be furnished with the name of the physician or other

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person responsible for conducting any specific test or other medical procedure performed by the

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healthcare facility in connection with the patient's treatment.

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     (4) The patient shall have the right to refuse any treatment by the healthcare facility to the

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extent permitted by law.

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     (5) The patient's right to privacy shall be respected to the extent consistent with providing

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adequate medical care to the patient and with the efficient administration of the healthcare facility.

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Nothing in this section shall be construed to preclude discreet discussion of a patient's case or

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examination of appropriate medical personnel.

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     (6) The patient's right to privacy and confidentiality shall extend to all records pertaining

 

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to the patient's treatment except as otherwise provided by law.

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     (7) The healthcare facility shall respond in a reasonable manner to the request of a patient's

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physician, certified nurse practitioner, and/or a physician's assistant for medical services to the

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patient. The healthcare facility shall also respond in a reasonable manner to the patient's request for

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other services customarily rendered by the healthcare facility to the extent the services do not

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require the approval of the patient's physician, certified nurse practitioner, and/or a physician's

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assistant or are not inconsistent with the patient's treatment.

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     (8) Before transferring a patient to another facility, the healthcare facility must first inform

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the patient of the need for, and alternatives to, a transfer.

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     (9) Upon request, the patient shall be furnished with the identities of all other healthcare

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and educational institutions that the healthcare facility has authorized to participate in the patient's

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treatment and the nature of the relationship between the institutions and the healthcare facility.

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     (10)(a) Except as otherwise provided in this subparagraph, if the healthcare facility

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proposes to use the patient in any human-subjects research, it shall first thoroughly inform the

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patient of the proposal and offer the patient the right to refuse to participate in the project.

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     (b) No facility shall be required to inform prospectively the patient of the proposal and the

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patient's right to refuse to participate when: (i) The facility's human-subjects research involves the

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investigation of potentially lifesaving devices, medications, and/or treatments and the patient is

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unable to grant consent due to a life-threatening situation and consent is not available from the

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agent pursuant to chapter 4.10 of title 23 or the patient's decision maker if an agent has not been

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designated or an applicable advanced directive has not been executed by the patient; and or (ii) The

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facility's An institutional review board approves the human-subjects research pursuant to the

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patient consent and/or de-identification requirements of 21 C.F.R. Pt. 50 and/or 45 C.F.R. Pt. 46

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(relating to the informed consent of human subjects). Any healthcare facility engaging in research

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pursuant to the requirements of subparagraph (b)(i) herein shall file a copy of the relevant research

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protocol with the department of health, which filing shall be publicly available.

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     (11) Upon request, the patient shall be allowed to examine and shall be given an

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explanation of the bill rendered by the healthcare facility irrespective of the source of payment of

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the bill.

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     (12) Upon request, the patient shall be permitted to examine any pertinent healthcare

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facility rules and regulations that specifically govern the patient's treatment.

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     (13) The patient shall be offered treatment without discrimination as to race, color, religion,

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national origin, or source of payment.

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     (14) Patients shall be provided with a summarized medical bill within thirty (30) days of

 

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discharge from a healthcare facility. Upon request, the patient shall be furnished with an itemized

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copy of his or her bill. When patients are residents of state-operated institutions and facilities, the

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provisions of this subsection shall not apply.

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     (15) Upon request, the patient shall be allowed the use of a personal television set provided

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that the television complies with underwriters' laboratory standards and O.S.H.A. standards, and so

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long as the television set is classified as a portable television.

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     (16) No charge of any kind, including, but not limited to, copying, postage, retrieval, or

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processing fees, shall be made for furnishing a health record or part of a health record to a patient,

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his or her attorney, or authorized representative if the record, or part of the record, is necessary for

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the purpose of supporting an appeal under any provision of the Social Security Act, 42 U.S.C. ยง

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301 et seq., and the request is accompanied by documentation of the appeal or a claim under the

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provisions of the Workers' Compensation Act, chapters 29 -- 38 of title 28 or for any patient who

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is a veteran and the medical record is necessary for any application for benefits of any kind. A

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provider shall furnish a health record requested pursuant to this section by mail, electronically, or

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otherwise, within thirty (30) days of the receipt of the request. For the purposes of this section,

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"provider" shall include any out-of-state entity that handles medical records for in-state providers.

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Further, for patients of school-based health centers, the director is authorized to specify by

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regulation an alternative list of age appropriate rights commensurate with this section.

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     (17) The patient shall have the right to have his or her pain assessed on a regular basis.

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     (18) Notwithstanding any other provisions of this section, upon request, patients receiving

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care through hospitals, nursing homes, assisted-living residences and home healthcare providers,

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shall have the right to receive information concerning hospice care, including the benefits of

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hospice care, the cost, and how to enroll in hospice care.

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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 HEALTH AND SAFETY -- LICENSING OF HEALTHCARE FACILITIES

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     This act would allow a health care facility to conduct research on patients subject to 21

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C.F.R. Pt 50 and/or 45 C.F.R. Pt 46 (relating to informed consent in clinical trials).

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     This act would take effect upon passage.

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