Title 5
Businesses and Professions

Chapter 37.8
Protections for Healthcare Providers Act

§ 5-37.8-2. Insurance protections for providers of legally protected healthcare activity.

(a) An insurer that issues malpractice insurance for a healthcare provider who is certified, registered, or licensed in Rhode Island may not take a prohibited action against an applicant for or the named insured under a malpractice policy in this state because the applicant or insured engaged in a legally protected healthcare activity or aiding and assisting with legally protected healthcare activity in this state, as long as the care provided by the applicant or insured was consistent with the applicable professional standard of care and/or did not violate Rhode Island law.

(b) A carrier may not refuse to credential an applicant, or terminate a participating healthcare provider’s participation, in a provider network based solely on the applicant’s or participating healthcare provider’s engagement in legally protected healthcare activity, or aiding and assisting with legally protected healthcare activity, provided that the care provided by the applicant or insured was consistent with the applicable professional standard of care and/or did not violate Rhode Island law.

(c) A carrier may not take adverse action against a healthcare provider or subject the healthcare provider to financial disincentives based solely on the provider engaging in legally protected healthcare activity, or aiding and assisting with legally protected healthcare activity, as long as the care provided was consistent with the applicable professional standard of care and/or did not violate the law of this state. Adverse action in this section means refusing or failing to pay a provider for otherwise covered services as defined in the applicable health benefit plan.

(d) No medical malpractice insurer may discriminate against a provider or adjust or otherwise calculate a provider’s risk classification or premium charges because, applying the definitions set forth in chapter 101 of title 23 (“healthcare provider shield”):

(1) The healthcare provider offers reproductive healthcare services or gender-affirming healthcare services that are unlawful in another state;

(2) Another state’s laws create potential or actual liability for those services; or

(3) Hostile litigation against a healthcare provider concerning reproductive healthcare services or gender-affirming healthcare services resulted in a judgment against the healthcare provider, if such healthcare services would be lawful and consistent with the applicable professional standard of care as provided if they occurred entirely in this state.