Section 5-37.7-1. – Short title.

§ 5-37.7-1. Short title. This chapter shall be known and may be cited as the “Rhode Island Health Information Exchange Act of 2008.” History of Section.P.L. 2008, ch. 171, § 2; P.L. 2008, ch. 466, § 2.

Section 5-37.7-10. – Patient’s rights.

§ 5-37.7-10. Patient’s rights. Pursuant to this chapter, a patient who has his or her confidential healthcare information included in the HIE shall have the following rights: (1) To obtain a copy of his or her confidential healthcare information from the HIE; (2) To obtain a copy of the disclosure report pertaining to his or […]

Section 5-37.7-11. – Immunity.

§ 5-37.7-11. Immunity. Any healthcare provider who or that relies in good faith upon any information provided through the HIE in his, her, or its treatment of a patient, shall be immune from any criminal or civil liability arising from any damages caused by such good faith reliance. This immunity does not apply to acts […]

Section 5-37.7-12. – Reconciliation with other authorities.

§ 5-37.7-12. Reconciliation with other authorities. (a) This chapter shall only apply to the HIE system, and does not apply to any other private and/or public health information systems utilized in Rhode Island, including other health information systems utilized within or by a healthcare facility or organization. (b) As this chapter provides extensive protection with […]

Section 5-37.7-13. – Penalties — Attorney’s fees for violations.

§ 5-37.7-13. Penalties — Attorney’s fees for violations. (a) Civil penalties. Anyone who violates the provisions of this chapter may be held liable for actual and exemplary damages. (b) Criminal penalties. Anyone who intentionally and knowingly violates the provisions of this chapter shall, upon conviction, be fined not more than ten thousand dollars ($10,000) per […]

Section 5-37.7-14. – Waivers void.

§ 5-37.7-14. Waivers void. Any agreement purporting to waive the provisions of this chapter is declared to be against public policy and void. History of Section.P.L. 2008, ch. 171, § 2; P.L. 2008, ch. 466, § 2.

Section 5-37.7-15. – Severability.

§ 5-37.7-15. Severability. If any provision of this chapter is held by a court to be invalid, that invalidity shall not affect the remaining provisions of the chapter, and to this end the provisions of the chapter are declared severable. History of Section.P.L. 2008, ch. 171, § 2; P.L. 2008, ch. 466, § 2.

Section 5-37.7-2. – Statement of purpose.

§ 5-37.7-2. Statement of purpose. The purpose of this chapter is to establish safeguards and confidentiality protections for the HIE in order to improve the quality, safety, and value of health care by promoting interoperability, enhancing electronic communication between providers, and supporting public health goals, while keeping confidential healthcare information secure. History of Section.P.L. 2008, […]

Section 5-37.7-3. – Definitions.

§ 5-37.7-3. Definitions. As used in this chapter: (1) “Authorized representative” means: (i) A person empowered by the patient to assert or to waive confidentiality, or to disclose or authorize the disclosure of confidential information, as established by this chapter. That person is not, except by explicit authorization, empowered to waive confidentiality or to disclose […]

Section 5-37.7-4. – Use of the health information exchange.

§ 5-37.7-4. Use of the health information exchange. (a) There shall be established a statewide HIE under state authority to allow for the electronic mobilization of confidential healthcare information in Rhode Island. Confidential healthcare information may only be accessed, released, or transferred from the HIE in accordance with this chapter. (b) The state has an […]

Section 5-37.7-5. – Regulatory oversight.

§ 5-37.7-5. Regulatory oversight. (a) The department shall develop regulations regarding the confidentiality of patient information received, accessed, or held by the HIE and is authorized to promulgate other regulations as the department deems necessary or desirable to implement the provisions of this chapter, in accordance with the provisions set forth in chapter 17 of […]

Section 5-37.7-6. – Regional health information organization.

§ 5-37.7-6. Regional health information organization. The RHIO shall, subject to and consistent with department regulations and contractual obligations it has with the state, be responsible for implementing recognized national standards for interoperability and all administrative, operational, and financial functions to support the HIE, including, but not limited to, implementing and enforcing policies for receiving, […]

Section 5-37.7-7. – Disclosure.

§ 5-37.7-7. Disclosure. (a) Except as provided in subsection (b), a patient or the patient’s authorized representative may opt out of having the patient’s confidential healthcare information disclosed from the HIE. Patients shall be notified of their right to opt out of having their confidential healthcare information disclosed from the HIE through the process provided […]

Section 5-37.7-8. – Security.

§ 5-37.7-8. Security. The HIE must be subject to at least the following security procedures: (1) Authenticate the recipient of any confidential healthcare information disclosed by the HIE pursuant to this chapter pursuant to rules and regulations promulgated by the department; (2) Limit authorized access to personally identifiable confidential healthcare information to persons having a […]

Section 5-37.7-9. – Secondary disclosure.

§ 5-37.7-9. Secondary disclosure. Any confidential healthcare information obtained by a provider participant pursuant to this chapter may be further disclosed by such provider participant with or without authorization of the patient participant to the same extent that such information may be disclosed pursuant to existing state and federal law, without regard to the source […]