2022 -- S 2766

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LC005053

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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 STATE AFFAIRS AND GOVERNMENT -- OFFICE OF HEALTH CARE

ADVOCATE

     

     Introduced By: Senator John P. Burke

     Date Introduced: March 24, 2022

     Referred To: Senate Health & Human Services

     (Attorney General)

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 42-9.1-5 of the General Laws in Chapter 42-9.1 entitled "Office of

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Health Care Advocate" is hereby amended to read as follows:

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     42-9.1-5. Powers of the attorney general.

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     (a) The health care advocate shall be entitled to receive confidential health care information

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available to the department of health and to law enforcement to the extent authorized by, and in

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accordance with the provisions of chapter 37.3 of title 5, the confidentiality of health care

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communications and information act. Any such information shall not be disclosed by the health

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care advocate except pursuant to judicial process and shall not be used against a patient in any civil

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or criminal proceeding or in any other matter where the patient is identified or the identity of the

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patient is inferred.

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     (b) Any confidential health care information received pursuant to this chapter shall not

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include the name, address or social security number of the patient or other such information that

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specifically identifies a patient. Upon the completion of any investigation, administrative or legal

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action, all records obtained by the health care advocate pursuant to this section shall be destroyed.

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All costs incurred in providing the health care advocate with any information pursuant to this

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section shall be borne by the provider.

 

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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 STATE AFFAIRS AND GOVERNMENT -- OFFICE OF HEALTH CARE

ADVOCATE

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     This act would permit the health care advocate to receive confidential health care

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information with individual patient information, but would prohibit the disclosure of the

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information, except pursuant to judicial process and would prohibit the use of the information

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against the patient in any civil or criminal proceeding or any matter when the patient is identified

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or where the identity of the patient is inferred.

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     This act would take effect upon passage.

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