| Chapter 212 |
| 2021 -- H 5370 SUBSTITUTE A AS AMENDED Enacted 07/07/2021 |
| A N A C T |
| RELATING TO BUSINESSES AND PROFESSIONS -- CONFIDENTIALITY OF HEALTH CARE COMMUNICATIONS AND INFORMATION ACT |
Introduced By: Representatives Donovan, Cassar, Speakman, Fogarty, Tanzi, McNamara, Caldwell, Ajello, Casimiro, and Kazarian |
| Date Introduced: February 05, 2021 |
| 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 healthcare |
| 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 healthcare 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 healthcare 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 Healthcare 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 healthcare 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 healthcare 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 healthcare |
| 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 healthcare providers and health care healthcare staff are |
| aware and understand the requirements outlined in this section; |
| (2) Having hard-copy versions of the standardized confidential communications request |
| 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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| LC001407/SUB A |
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