2026 -- H 7427 | |
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LC003921 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2026 | |
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A N A C T | |
RELATING TO BUSINESSES AND PROFESSIONS -- THE PRIMARY CARE | |
PRESERVATION ACT | |
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Introduced By: Representatives Hopkins, J. Brien, Casimiro, Perez, Nardone, Fascia, | |
Date Introduced: January 30, 2026 | |
Referred To: House Health & Human Services | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Title 5 of the General Laws entitled "BUSINESSES AND PROFESSIONS" |
2 | is hereby amended by adding thereto the following chapter: |
3 | CHAPTER 37.9 |
4 | THE PRIMARY CARE PRESERVATION ACT |
5 | 5-37.9-1. Short title. |
6 | This chapter shall be known and may be cited as "The Primary Care Preservation Act." |
7 | 5-37.9-2. Definitions. |
8 | As used in this chapter, the following words and terms shall have the meanings ascribed to |
9 | them below unless the context clearly indicates otherwise: |
10 | (1) "Administrative or operational fee" means a reasonable charge assessed by a physician |
11 | practice to patients for non-clinical services necessary to support operations including, but not |
12 | limited to, reception, scheduling, care coordination, referral management, communication systems, |
13 | record handling, and other administrative functions. |
14 | (2) "Payor" means any insurer, health maintenance organization, or other entity responsible |
15 | for payment of healthcare services under a health plan. |
16 | (3) "Physician practice" means a medical practice owned or operated by one or more |
17 | licensed physicians providing outpatient care in the State of Rhode Island. |
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1 | 5-37.9-3. Payor contract restrictions prohibited. |
2 | (a) No payor shall include in any contract, agreement, or participation document with a |
3 | physician practice any clause or provision that prohibits, restricts, penalizes, or interferes with the |
4 | ability of the practice to charge, bill, or collect a reasonable administrative or operational fee |
5 | directly from patients. |
6 | (b) No payor shall impose conditions, penalties, or sanctions on a physician practice for |
7 | assessing such fees, provided that the fees are disclosed to patients in advance and are not billed to |
8 | the payor. |
9 | (c) Nothing in this section shall be construed to require a payor to reimburse a physician |
10 | practice or patient for such fees. |
11 | 5-37.9-4. Patient access and continuity of care. |
12 | (a) Nothing in this chapter shall limit a physician practice’s obligation to provide |
13 | emergency or urgent care regardless of payment of any administrative or operational fee. |
14 | (b) Physician practices shall provide reasonable notice and access to patient medical |
15 | records consistent with state and federal law. |
16 | 5-37.9-5. Enforcement. |
17 | Any provision in a payor contract that violates this chapter shall be deemed null and void |
18 | and unenforceable as a matter of public policy. |
19 | 5-37.9-6. Severability. |
20 | If any clause, sentence, paragraph, section, or part of this chapter shall be adjudged by any |
21 | court of competent jurisdiction to be invalid, that judgment shall not affect, impair, or invalidate |
22 | the remainder of the chapter but shall be confined in its operation to the clause, sentence, paragraph, |
23 | section, or part directly involved in the controversy in which that judgment shall have been |
24 | rendered. |
25 | 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 BUSINESSES AND PROFESSIONS -- THE PRIMARY CARE | |
PRESERVATION ACT | |
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1 | This act would prohibit health insurance companies or other payors from including in their |
2 | physician participation agreements any provisions that restrict or prevent a physician practice from |
3 | charging patients reasonable administrative or operational fees to support practice overhead. |
4 | This act would take effect upon passage. |
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