§ 63-32-101. Short Title
The title of this chapter is and may be cited as the “Health Care Consumer Right-to-Know Act of 1998.”
§ 63-32-102. Health Care Consumers
Health care is a valuable commodity, and the health care consumer needs to make informed decisions when making health care choices. Due to the current trends in health care, patients have a close relationship with their health care provider and must depend on the provider for most of their health care needs. Health care consumers […]
§ 63-32-103. Duties of Division of Health Related Boards
It is the duty of the division of health related boards to compile, consolidate, manage and disseminate the information collected by entities of the department of health and the department of commerce and insurance as required by this chapter.
§ 63-32-104. Requirements
When collecting information or compiling reports intended to compare individual health care providers, the commissioner of health shall require that: Provider organizations that are representative of the target group for profiling shall be meaningfully involved in the development of all aspects of the profile methodology, including collection methods, formatting and methods and means for release […]
§ 63-32-105. Information for Public Dissemination
Each board regulating a provider, as defined in § 63-32-102, shall collect the following information and provide to the department of health in order for the department to create individual profiles on licensees, in a format created by the department that shall be available for dissemination to the public: A description of any criminal convictions […]
§ 63-32-106. Conviction of Unlicensed Provider—report to Relevant Board
The district attorney general for any court in which an unlicensed provider is convicted of being represented as a licensed provider shall, within one (1) week thereafter, report the same to the relevant board together with a copy of the court proceedings in the case.
§ 63-32-107. Publication of Provider Profiles — Certain Restrictions
The department of health, in implementing § 63-32-105 shall not disseminate a provider profile by electronic media, including the World Wide Web of the internet or toll-free telephone line before May 1, 1999. The department shall conduct a study of the impact of publication of provider profiles by electronic media on the personal safety of […]
§ 63-32-108. Assessment of Costs
The department of health shall assess boards of providers that they regulate for the costs reasonably associated with providing the services and information pursuant to this chapter. Further, the department shall provide the cost to the department of commerce and insurance that is associated with providing the services and information relative to the board of […]
§ 63-32-109. Costs Assessed Against Boards
The costs assessed against each board of providers shall be paid from the separate account established pursuant to § 63-1-137 in the general fund for each board.
§ 63-32-110. Managed Care Organizations
Managed care organizations regulated pursuant to title 56, chapter 32, shall provide an accurate listing of provider information as required by this chapter to the department of health. A managed care organization shall report any addition or deletion of a provider from its panel of contracted members within twenty-one (21) business days of the date […]
§ 63-32-111. Annual Report and Provider Profiles — Availability
The annual report required by § 56-32-110(b)(4) [repealed], and information required for a profile by this section shall be made available to consumers by the department of health through the World Wide Web of the internet or a toll-free telephone line. Such information shall be made available by May 1, 1999, and shall be updated […]
§ 63-32-112. Hospitals
Hospitals regulated pursuant to title 68, chapter 11, shall provide an accurate listing of information as required by this act to the department of health. The information that the department shall disseminate shall include, but not be limited to: The corporate form of the facility, including whether the facility is publicly or privately owned, whether […]
§ 63-32-113. Intentional Misrepresentations
A provider who makes an intentional misrepresentation when providing information to the department of health that the department uses in a provider profile commits a violation of the practice act under which the provider is licensed or certified.
§ 63-32-114. Development of System for Collection and Dissemination of Information
The initial development of a system for the collection and dissemination of information as provided under this chapter shall be contracted to an appropriate service provider by the department under compliance with title 12, chapters 3 and 4. The cost of such contract shall be paid from fees collected from providers regulated by the division […]
§ 63-32-115. Compiling and Dissemination of Information — Liability of the Department of Health
Under this chapter, the department of health only compiles information. The department shall not vouch for or assert the accuracy of any information it disseminates under this chapter. Before the department disseminates information to consumers under this chapter, the department shall permit each provider, hospital, or managed care organization, whose information is to be disseminated, […]
§ 63-32-116. Public Records
No provision of this chapter shall be construed as restricting the status of any record as a public record for the purposes of title 10, chapter 7.
§ 63-32-117. Provision of Information Prior to Licensure
Each licensed provider, as defined in § 63-32-102, must provide the information required by this chapter to be compiled into provider profiles by the department of health. Each provider, as defined in § 63-32-102, seeking licensure must provide the information required by this chapter before licensure will be granted. Before the issuance of the licensure […]
§ 63-32-118. Violations
Failure to comply with the requirements of this chapter by a person or entity required to submit or report information as required by this chapter constitutes a violation of the relevant practice or licensing statute and subjects the violator to appropriate enforcement or disciplinary action.
§ 63-32-119. Rules and Regulations
The commissioner of health is authorized to promulgate rules and regulations to effectuate the purposes of this chapter. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.