2012 -- S 2640

=======

LC02097

=======

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

____________

A N A C T

RELATING TO INSURANCE - ACCIDENT AND SICKNESS INSURANCE POLICIES

     Introduced By: Senators Tassoni, Doyle, Gallo, and Sosnowski

     Date Introduced: March 01, 2012

     Referred To: Senate Health & Human Services

It is enacted by the General Assembly as follows:

1-1

     SECTION 1. Chapter 27-18 of the General Laws entitled "Accident and Sickness

1-2

Insurance Policies" is hereby amended by adding thereto the following section:

1-3

     27-18-71. Cancer patient safety and environmental protection. – (a) Purpose. It is the

1-4

policy of the state of Rhode Island not to permit introduction of pollutants into the groundwaters

1-5

of the state in concentrations which are known to be toxic, carcinogenic, mutagenic, or

1-6

teratogenic as defined in the Rhode Island department of environmental management

1-7

groundwater quality rules, rule 6.1.5. It is acknowledged by medical experts that bodily wastes of

1-8

patients undergoing chemotherapy treatment may contain levels of chemicals that are toxic,

1-9

carcinogenic, mutagenic or teratogenic for a certain period of time, to such an extent that the

1-10

American cancer society has published a comprehensive list of safety precautions regarding the

1-11

in-home personal hygiene for individuals undergoing chemotherapy and their families. Therefore,

1-12

for the protection of both the public health and the environment, the general assembly shall

1-13

require that standards are set forth pursuant to this section to address this safety issue.

1-14

     (b) Chemotherapy precautions following treatment. All physicians, pharmacists, or other

1-15

health care professionals licensed in the state of Rhode Island authorized to prescribe and/or

1-16

administer chemotherapy treatment shall:

1-17

     (1) Provide written notice to each patient undergoing such treatment as to the hazards

1-18

posed to patients and their families in the residential setting of excreted human waste, including,

1-19

but not limited to, urine and feces for a period following treatment as generally determined by the

1-20

food and drug administration label accompanying said chemotherapy drug or drugs;

2-1

     (2) Provide a sufficient collection method so that patients can safely collect and contain

2-2

potentially hazardous excreted bodily wastes for a period of time to be defined by the licensed

2-3

prescribing practitioner based on the relevant FDA label(s); and

2-4

     (3) Provide for safe and proper disposal of said collected wastes.

2-5

     (c) All expenses incurred as a result of this section shall be paid by Medicare, Medicaid

2-6

or any private insurance company providing health care insurance and licensed pursuant to this

2-7

chapter.

2-8

     SECTION 2. Chapter 27-18.5 of the General Laws entitled "Individual Health Insurance

2-9

Coverage" is hereby amended by adding thereto the following section:

2-10

     27-18.5-10. Cancer patient safety and environmental protection. – (a) Purpose. It is

2-11

the policy of the state of Rhode Island not to permit introduction of pollutants into the

2-12

groundwaters of the state in concentrations which are known to be toxic, carcinogenic,

2-13

mutagenic, or teratogenic as defined in the Rhode Island department of environmental

2-14

management groundwater quality rules, rule 6.1.5. It is acknowledged by medical experts that

2-15

bodily wastes of patients undergoing chemotherapy treatment may contain levels of chemicals

2-16

that are toxic, carcinogenic, mutagenic or teratogenic for a certain period of time, to such an

2-17

extent that the American cancer society has published a comprehensive list of safety precautions

2-18

regarding the in-home personal hygiene for individuals undergoing chemotherapy and their

2-19

families. Therefore, for the protection of both the public health and the environment, the general

2-20

assembly shall require that standards are set forth pursuant to this section to address this safety

2-21

issue.

2-22

     (b) Chemotherapy precautions following treatment. All physicians, pharmacists, or other

2-23

health care professionals licensed in the state of Rhode Island authorized to prescribe and/or

2-24

administer chemotherapy treatment shall:

2-25

     (1) Provide written notice to each patient undergoing such treatment as to the hazards

2-26

posed to patients and their families in the residential setting of excreted human waste, including,

2-27

but not limited to, urine and feces for a period following treatment as generally determined by the

2-28

food and drug administration label accompanying said chemotherapy drug or drugs;

2-29

     (2) Provide a sufficient collection method so that patients can safely collect and contain

2-30

potentially hazardous excreted bodily wastes for a period of time to be defined by the licensed

2-31

prescribing practitioner based on the relevant FDA label(s); and

2-32

     (3) Provide for safe and proper disposal of said collected wastes.

2-33

     (c) All expenses incurred as a result of this section shall be paid by Medicare, Medicaid

2-34

or any private insurance company providing health care insurance and licensed pursuant to this

3-1

chapter.

3-2

     SECTION 3. Chapter 27-19 of the General Laws entitled "Nonprofit Hospital Service

3-3

Corporations" is hereby amended by adding thereto the following section:

3-4

     27-19-62. Cancer patient safety and environmental protection. – (a) Purpose. It is the

3-5

policy of the state of Rhode Island not to permit introduction of pollutants into the groundwaters

3-6

of the state in concentrations which are known to be toxic, carcinogenic, mutagenic, or

3-7

teratogenic as defined in the Rhode Island department of environmental management

3-8

groundwater quality rules, rule 6.1.5. It is acknowledged by medical experts that bodily wastes of

3-9

patients undergoing chemotherapy treatment may contain levels of chemicals that are toxic,

3-10

carcinogenic, mutagenic or teratogenic for a certain period of time, to such an extent that the

3-11

American cancer society has published a comprehensive list of safety precautions regarding the

3-12

in-home personal hygiene for individuals undergoing chemotherapy and their families. Therefore,

3-13

for the protection of both the public health and the environment, the general assembly shall

3-14

require that standards are set forth pursuant to this section to address this safety issue.

3-15

     (b) Chemotherapy precautions following treatment. All physicians, pharmacists, or other

3-16

health care professionals licensed in the state of Rhode Island authorized to prescribe and/or

3-17

administer chemotherapy treatment shall:

3-18

     (1) Provide written notice to each patient undergoing such treatment as to the hazards

3-19

posed to patients and their families in the residential setting of excreted human waste, including,

3-20

but not limited to, urine and feces for a period following treatment as generally determined by the

3-21

food and drug administration label accompanying said chemotherapy drug or drugs;

3-22

     (2) Provide a sufficient collection method so that patients can safely collect and contain

3-23

potentially hazardous excreted bodily wastes for a period of time to be defined by the licensed

3-24

prescribing practitioner based on the relevant FDA label(s); and

3-25

     (3) Provide for safe and proper disposal of said collected wastes.

3-26

     (c) All expenses incurred as a result of this section shall be paid by Medicare, Medicaid

3-27

or any private insurance company providing health care insurance and licensed pursuant to this

3-28

chapter.

3-29

     SECTION 4. Chapter 27-20 of the General Laws entitled "Nonprofit Medical Service

3-30

Corporations" is hereby amended by adding thereto the following section:

3-31

     27-20-57. Cancer patient safety and environmental protection. – (a) Purpose. It is the

3-32

policy of the state of Rhode Island not to permit introduction of pollutants into the groundwaters

3-33

of the state in concentrations which are known to be toxic, carcinogenic, mutagenic, or

3-34

teratogenic as defined in the Rhode Island department of environmental management

4-1

groundwater quality rules, rule 6.1.5. It is acknowledged by medical experts that bodily wastes of

4-2

patients undergoing chemotherapy treatment may contain levels of chemicals that are toxic,

4-3

carcinogenic, mutagenic or teratogenic for a certain period of time, to such an extent that the

4-4

American cancer society has published a comprehensive list of safety precautions regarding the

4-5

in-home personal hygiene for individuals undergoing chemotherapy and their families. Therefore,

4-6

for the protection of both the public health and the environment, the general assembly shall

4-7

require that standards are set forth pursuant to this section to address this safety issue.

4-8

     (b) Chemotherapy precautions following treatment. All physicians, pharmacists, or other

4-9

health care professionals licensed in the state of Rhode Island authorized to prescribe and/or

4-10

administer chemotherapy treatment shall:

4-11

     (1) Provide written notice to each patient undergoing such treatment as to the hazards

4-12

posed to patients and their families in the residential setting of excreted human waste, including,

4-13

but not limited to, urine and feces for a period following treatment as generally determined by the

4-14

food and drug administration label accompanying said chemotherapy drug or drugs;

4-15

     (2) Provide a sufficient collection method so that patients can safely collect and contain

4-16

potentially hazardous excreted bodily wastes for a period of time to be defined by the licensed

4-17

prescribing practitioner based on the relevant FDA label(s); and

4-18

     (3) Provide for safe and proper disposal of said collected wastes.

4-19

     (c) All expenses incurred as a result of this section shall be paid by Medicare, Medicaid

4-20

or any private insurance company providing health care insurance and licensed pursuant to this

4-21

chapter.

4-22

     SECTION 5. Chapter 27-41 of the General Laws entitled "Health Maintenance

4-23

Organizations" is hereby amended by adding thereto the following section:

4-24

     27-41-75. Cancer patient safety and environmental protection. – (a) Purpose. It is the

4-25

policy of the state of Rhode Island not to permit introduction of pollutants into the groundwaters

4-26

of the state in concentrations which are known to be toxic, carcinogenic, mutagenic, or

4-27

teratogenic as defined in the Rhode Island department of environmental management

4-28

groundwater quality rules, rule 6.1.5. It is acknowledged by medical experts that bodily wastes of

4-29

patients undergoing chemotherapy treatment may contain levels of chemicals that are toxic,

4-30

carcinogenic, mutagenic or teratogenic for a certain period of time, to such an extent that the

4-31

American cancer society has published a comprehensive list of safety precautions regarding the

4-32

in-home personal hygiene for individuals undergoing chemotherapy and their families. Therefore,

4-33

for the protection of both the public health and the environment, the general assembly shall

4-34

require that standards are set forth pursuant to this section to address this safety issue.

5-1

     (b) Chemotherapy precautions following treatment. All physicians, pharmacists, or other

5-2

health care professionals licensed in the state of Rhode Island authorized to prescribe and/or

5-3

administer chemotherapy treatment shall:

5-4

     (1) Provide written notice to each patient undergoing such treatment as to the hazards

5-5

posed to patients and their families in the residential setting of excreted human waste, including,

5-6

but not limited to, urine and feces for a period following treatment as generally determined by the

5-7

food and drug administration label accompanying said chemotherapy drug or drugs;

5-8

     (2) Provide a sufficient collection method so that patients can safely collect and contain

5-9

potentially hazardous excreted bodily wastes for a period of time to be defined by the licensed

5-10

prescribing practitioner based on the relevant FDA label(s); and

5-11

     (3) Provide for safe and proper disposal of said collected wastes.

5-12

     (c) All expenses incurred as a result of this section shall be paid by Medicare, Medicaid

5-13

or any private insurance company providing health care insurance and licensed pursuant to this

5-14

chapter.

5-15

     SECTION 6. This act shall take effect upon passage.

=======

LC02097

=======

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO INSURANCE - ACCIDENT AND SICKNESS INSURANCE POLICIES

***

6-1

     This act would provide for the safe disposal of human waste which may be contaminated

6-2

by toxic chemicals present during the administration of chemotherapy with the expense to be paid

6-3

by Medicare, Medicaid or private insurance.

6-4

     This act would take effect upon passage.

=======

LC02097

=======