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2013 -- S 0649 SUBSTITUTE A | |
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LC01575/SUB A | |
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STATE OF RHODE ISLAND | |
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IN GENERAL ASSEMBLY | |
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JANUARY SESSION, A.D. 2013 | |
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A N A C T | |
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RELATING TO BUSINESSES AND PROFESSIONS - CONFIDENTIALITY OF HEALTH | |
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CARE COMMUNICATIONS AND INFORMATION | |
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Introduced By: Senators Satchell, Goldin, Cool Rumsey, Nesselbush, and Miller | |
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Date Introduced: March 06, 2013 | |
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Referred To: Senate Health & Human Services | |
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(Lieutenant Governor) | |
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It is enacted by the General Assembly as follows: | |
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SECTION 1. Chapter 5-37.3 of the General Laws entitled "Confidentiality of Health Care |
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Communications and Information Act" is hereby amended by adding thereto the following |
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section: |
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5-37.3-12. Patient's rights. -- (a) In addition to the rights of access to confidential |
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healthcare information provided to patients under state and federal law, the patient only shall |
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have the following additional rights: |
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(1) To obtain a copy of his or her own confidential healthcare information and |
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communications relating thereto from a healthcare provider as defined in subdivision 5-37.3-3(4). |
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(i) If the patient requests an electronic version of his or her healthcare records, the |
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requested records shall be provided to the patient within ten (10) business days of the receipt of |
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the request by the healthcare provider. If the healthcare provider is unable to provide the patient |
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access to an electronic version of the records requested within the ten (10) day period, the |
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deadline may be extended by up to ten (10) additional business days if the healthcare provider |
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responds to the individual within the original ten (10) day time period citing a reason for the |
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delay and the date by which the information will be provided. If the record is not available in |
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electronic form and will be provided in hard copy, the thirty (30) day period for providing the |
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record otherwise provided in state and federal law shall apply. |
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(ii) Requested records must be provided by the healthcare provider in the form requested |
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by the patient or, if the information is not readily available in the form requested, in a readable |
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hard copy or other form agreed upon between the healthcare provider and the patient. |
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(iii) Records requested and provided in electronic form shall be provided without cost to |
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the patient. |
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(iv) A healthcare provider providing records in hard copy form may impose a reasonable |
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fee pursuant to Rhode Island general laws subsection 5-37-22(c) and section 23-1-48 and rules |
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and regulations promulgated pursuant thereto. |
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(2) To obtain a copy of the disclosure report pertaining to the patient's confidential |
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healthcare information; |
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(3) To be notified as required by chapter 49.2 of title 11, the Rhode Island identity theft |
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protection act, of a breach of the security system safeguarding the confidentiality of the patients' |
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healthcare information and communications related thereto; and |
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(4) To request to amend the patient's information through the provider. |
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(b) Nothing in this section limits rights of access provided to a patient's personal |
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representative as defined by the Health Insurance Portability and Accountability Act of 1996 |
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(HIPAA) P.L. No. 104-191, 110 Stat. 1938 (1996) HIPAA and pursuant to Rhode Island general |
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laws subsection 5-37-22(c) and section 23-1-48. A healthcare provider providing records in hard |
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copy or electronic form to a patient's authorized representative may impose a reasonable fee |
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pursuant to Rhode Island general laws subsection (5-37-22(c) and section 23-1-48 and rules and |
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regulations promulgated pursuant thereto. |
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SECTION 2. This act shall take effect upon passage. |
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LC01575/SUB A | |
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EXPLANATION | |
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BY THE LEGISLATIVE COUNCIL | |
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OF | |
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A N A C T | |
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RELATING TO BUSINESSES AND PROFESSIONS - CONFIDENTIALITY OF HEALTH | |
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CARE COMMUNICATIONS AND INFORMATION | |
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This act would enumerate additional patient's rights with regards to their confidential |
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healthcare information. |
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This act would take effect upon passage. |
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LC01575/SUB A | |
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