2025 -- S 0487 SUBSTITUTE A | |
======== | |
LC001451/SUB A | |
======== | |
STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2025 | |
____________ | |
A N A C T | |
RELATING TO HEALTH AND SAFETY -- LICENSING OF HEALTHCARE FACILITIES | |
| |
Introduced By: Senators Lauria, Acosta, Quezada, Vargas, Lawson, Mack, DiMario, | |
Date Introduced: February 26, 2025 | |
Referred To: Senate Health & Human Services | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 23-17-19.1 of the General Laws in Chapter 23-17 entitled "Licensing |
2 | of Healthcare Facilities" is hereby amended to read as follows: |
3 | 23-17-19.1. Rights of patients. |
4 | Every healthcare facility licensed under this chapter shall observe the following standards |
5 | and any other standards that may be prescribed in rules and regulations promulgated by the |
6 | licensing agency with respect to each patient who utilizes the facility: |
7 | (1) The patient shall be afforded considerate and respectful care. |
8 | (2) Upon request, the patient shall be furnished with the name of the physician responsible |
9 | for coordinating the patient's care. |
10 | (3) Upon request, the patient shall be furnished with the name of the physician or other |
11 | person responsible for conducting any specific test or other medical procedure performed by the |
12 | healthcare facility in connection with the patient’s treatment. |
13 | (4) The patient shall have the right to refuse any treatment by the healthcare facility to the |
14 | extent permitted by law. |
15 | (5) The patient’s right to privacy shall be respected to the extent consistent with providing |
16 | adequate medical care to the patient and with the efficient administration of the healthcare facility. |
17 | Nothing in this section shall be construed to preclude discreet discussion of a patient’s case or |
18 | examination by appropriate medical personnel. |
19 | (6) The patient’s right to privacy and confidentiality shall extend to all records pertaining |
| |
1 | to the patient’s treatment except as otherwise provided by law. |
2 | (7) The healthcare facility shall respond in a reasonable manner to the request of a patient’s |
3 | physician, certified nurse practitioner, and/or a physician’s assistant for medical services to the |
4 | patient. The healthcare facility shall also respond in a reasonable manner to the patient’s request |
5 | for other services customarily rendered by the healthcare facility to the extent the services do not |
6 | require the approval of the patient’s physician, certified nurse practitioner, and/or a physician’s |
7 | assistant or are not inconsistent with the patient’s treatment. |
8 | (8) Before transferring a patient to another facility, the healthcare facility must first inform |
9 | the patient of the need for, and alternatives to, a transfer. |
10 | (9) Upon request, the patient shall be furnished with the identities of all other healthcare |
11 | and educational institutions that the healthcare facility has authorized to participate in the patient’s |
12 | treatment and the nature of the relationship between the institutions and the healthcare facility. |
13 | (10)(i) Except as otherwise provided in this subparagraph, if the healthcare facility |
14 | proposes to use the patient in any human-subjects research, it shall first thoroughly inform the |
15 | patient of the proposal and offer the patient the right to refuse to participate in the project. |
16 | (ii) No facility shall be required to inform prospectively the patient of the proposal and the |
17 | patient’s right to refuse to participate when an institutional review board approves the human- |
18 | subjects research pursuant to the patient consent and/or de-identification requirements of 21 C.F.R. |
19 | Pt. 50 and/or 45 C.F.R. Pt. 46 (relating to the informed consent of human subjects). |
20 | (11) Upon request, the patient shall be allowed to examine and shall be given an |
21 | explanation of the bill rendered by the healthcare facility irrespective of the source of payment of |
22 | the bill. |
23 | (12) Upon request, the patient shall be permitted to examine any pertinent healthcare |
24 | facility rules and regulations that specifically govern the patient’s treatment. |
25 | (13) The patient shall not be denied appropriate care on the basis of age, sex, gender identity |
26 | or expression, sexual orientation, race, color, marital status, familial status, disability, religion, |
27 | national origin, source of income, source of payment, or profession. |
28 | (14) Patients shall be provided with a summarized medical bill within thirty (30) days of |
29 | discharge from a healthcare facility. Upon request, the patient shall be furnished with an itemized |
30 | copy of the patient’s bill. When patients are residents of state-operated institutions and facilities, |
31 | the provisions of this subsection shall not apply. |
32 | (15) Upon request, the patient shall be allowed the use of a personal television set provided |
33 | that the television complies with underwriters’ laboratory standards and O.S.H.A. standards, and |
34 | so long as the television set is classified as a portable television. |
| LC001451/SUB A - Page 2 of 3 |
1 | (16) No charge of any kind, including, but not limited to, copying, postage, retrieval, or |
2 | processing fees, shall be made for furnishing a health record or part of a health record to a patient, |
3 | the patient’s attorney, or authorized representative if the record, or part of the record, is necessary |
4 | for the purpose of supporting an appeal under any provision of the Social Security Act, 42 U.S.C. |
5 | § 301 et seq., and the request is accompanied by documentation of the appeal or a claim under the |
6 | provisions of the Workers’ Compensation Act, chapters 29 — 38 of title 28, or for any patient who |
7 | is a veteran and the medical record is necessary for any application for benefits of any kind. A |
8 | provider shall furnish a health record requested pursuant to this section by mail, electronically, or |
9 | otherwise, within thirty (30) days of the receipt of the request. For the purposes of this section, |
10 | “provider” shall include any out-of-state entity that handles medical records for in-state providers. |
11 | Further, for patients of school-based health centers, the director is authorized to specify by |
12 | regulation an alternative list of age appropriate rights commensurate with this section. |
13 | (17) The patient shall have the right to have his or her pain assessed on a regular basis. |
14 | (18) Notwithstanding any other provisions of this section, upon request, patients receiving |
15 | care through hospitals, nursing homes, assisted-living residences and home healthcare providers, |
16 | shall have the right to receive information concerning hospice care, including the benefits of |
17 | hospice care, the cost, and how to enroll in hospice care. |
18 | (19) The patient shall not be asked about their immigration status or asked to present proof |
19 | of their legal presence in the United States. |
20 | SECTION 2. This act shall take effect upon passage. |
======== | |
LC001451/SUB A | |
======== | |
| LC001451/SUB A - Page 3 of 3 |
EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO HEALTH AND SAFETY -- LICENSING OF HEALTHCARE FACILITIES | |
*** | |
1 | This act would prohibit any healthcare facility, from asking the legal immigration status of |
2 | any patient. |
3 | This act would take effect upon passage. |
======== | |
LC001451/SUB A | |
======== | |
| LC001451/SUB A - Page 4 of 3 |