Introduced By: Representatives Sherlock, Benson, Henseler, Giannini and Ginaitt
Date Introduced : February 2, 1999
It is enacted by the General Assembly as follows:
SECTION 1. Title 42 of the General Laws entitled "State Affairs and Government" is hereby amended by adding thereto the following chapter:
{ADD 42-9.1-1. Legislative Findings. -- ADD} {ADD The general assembly finds and declares: ADD}
{ADD (1) All citizens of Rhode Island should have access to quality and affordable health care; ADD}
{ADD (2) The demanding business environment in which health care is delivered requires that the public have an advocate to assure that the policy and goal of assuring quality, affordable health care is achieved and maintained; ADD}
{ADD (3) The department of attorney general, as the state's legal advisor, advocate parens patriae, and protector of the public trust and charitable assets, and by constitution and statute for the people of the state, has the authority to advocate for and on behalf of the citizens of Rhode Island to assure that quality health care standards are met; ADD}
{ADD (4) In order to protect public health and welfare and public and charitable assets, it is necessary to establish and fund an office of health care advocate within the department of attorney general. ADD}
{ADD 42-9.1-2. Establishment. -- ADD} {ADD There shall be established within the department of attorney general an office of health care advocate. The health care advocate shall be an assistant or special assistant attorney general to be appointed by the attorney general. The health care advocate is authorized to perform the following duties as the attorney general may direct: ADD}
{ADD (1) ADD} {ADDApearADD} {ADD as an "Amicus Curiae" in civil actions involving any health care quality standard or issue as determined by the attorney general; ADD}
{ADD (2) Intervene in or request initiation of administrative actions related to health care or heath insurance by the state or any agency thereof as determined by the attorney general; ADD}
{ADD (3) Review complaints and conduct any investigations deemed by the attorney general necessary to assure quality health care delivery; ADD}
{ADD (4) Assist and cooperate with the director of any state department or person in charge of any state agency, in the investigation of any complaints, occurrences, conditions, or practices with respect to inadequacies in health care or health insurance; ADD}
{ADD (5) To take all necessary and appropriate action, including but not limited to public education, legislative advocacy, and where authorized by law to institute formal legal action, to secure and insure compliance with the provisions of titles 23 and 27 and to advocate for any changes necessary to support the goal of quality and affordable health care for all citizens of Rhode Island. ADD}
{ADD For the purposes of this section, "health care quality standard" shall mean any statute, ordinance, limitation, regulation, rule, order, license, stipulation, agreement, or permit of the state, or any agency, thereof. ADD}
{ADD 42-9.1-3. Department Cooperation. -- ADD} {ADD The health care advocate shall cooperate with the directors of the departments of health and business regulation to assure good quality and affordable health care. ADD}
{ADD 42-9.1-4. No derogation of attorney general. -- ADD} {ADD (a) No provision of this chapter shall derogate from the common law or statutory authority of the attorney general nor shall any provision be construed as a limitation on the common law or statutory authority of the attorney general, including the authority to investigate at any time charitable trusts for the purpose of determining and ascertaining whether they are being administered in accordance with law and with terms and purposes thereof. ADD}
{ADD (b) No provision of this chapter shall be construed as a limitation on the application of the doctrine of cy pres or any other legal doctrine applicable to charitable assets and/or charitable trusts. ADD}
{ADD (c) No provisions of this chapter shall derogate from the statutory authority of the department of health or any other department of the state. ADD}
{ADD 42-9.1-5. Powers of the attorney general. --ADD} {ADD (a) The health care advocate shall be entitled to receive confidential health care information available to the department of health and to law enforcement to the extent authorized by, and in accordance with the provisions of chapter 37.3 of title 5, the confidentiality of health care communications and information act. Any such information shall not be disclosed by the health care advocate except pursuant to judicial process and shall not be used against a patient in any civil or criminal proceeding or in any other matter. ADD}
{ADD (b) Any confidential health care information received pursuant to this chapter shall not include the name, address or social security number of the patient or other such information that specifically identifies a patient. Upon the completion of any investigation, administrative or legal action, all records obtained by the health care advocate pursuant to this section shall be destroyed. All costs incurred in providing the health care advocate with any information pursuant to this section shall be borne by the provider. ADD}
{ADD 42-9.1-6 Immunity. --ADD} {ADD In the absence of malice or bad faith, any health care provider or entity licensed by the State of Rhode Island or an authorized agent of such health care provider or entity who upon request by the Attorney General provides information to the Attorney General in accordance with this chapter shall be immune from prosecution for the release of such information to the Attorney General and shall not be liable in any way for damages to any individual for the release of such information to the Attorney General. Nothing herein is intended to abrogate or modify in any way any common law or statutory privilege or immunity heretofore enjoyed by such health care provider or entity or its agents. ADD}
SECTION 2. This act shall take effect on July 1, 1999.
