§ 5-37.7-12 - Reconciliation with other authorities.

SECTION 5-37.7-12

   § 5-37.7-12  Reconciliation with otherauthorities. – (a) This chapter shall only apply to the HIE system, and does not apply to anyother private and/or public health information systems utilized in RhodeIsland, including other health information systems utilized within or by ahealth care facility or organization.

   (b) As this chapter provides extensive protection with regardto access to and disclosure of confidential health care information by the HIE,it supplements, with respect to the HIE only, any less stringent disclosurerequirements, including, but not limited to, those contained in chapter 37.3 ofthis title, the health insurance portability and accountability act (HIPAA) andregulations promulgated thereunder, and any other less stringent federal orstate law.

   (c) This chapter shall not be construed to interfere with anyother federal or state laws or regulations which provide more extensiveprotection than provided in this chapter for the confidentiality of health careinformation. Notwithstanding such provision, because of the extensiveprotections with regard to access to and disclosure of confidential health careinformation by the HIE provided for in this chapter, patient authorizationobtained for access to or disclosure of information to or from the HIE or aprovider participant shall be deemed the same authorization required by otherstate or federal laws including information regarding mental health (the RhodeIsland mental health law, Rhode Island general laws § 40.1-5-1 et seq.);HIV (Rhode Island general laws § 23-6-17); sexually transmitted disease(Rhode Island general laws §§ 23-6-17 and 23-11-9); alcohol and drugabuse (Rhode Island general laws § 23-1.10-1 et seq., 42 U.S.C. §290dd-2) or genetic information (Rhode Island general laws § 27-41-53,Rhode Island general laws § 27-20-39 and Rhode Island general laws §27-19-44).