§ 5-37.7-3 - Definitions.
SECTION 5-37.7-3
§ 5-37.7-3 Definitions. – As used in this chapter:
(a) "Agency" means the Rhode Island department of health.
(b) "Authorized representative" means:
(1) A person empowered by the patient participant to assertor to waive the confidentiality, or to disclose or authorize the disclosure ofconfidential information, as established by this chapter. That person is not,except by explicit authorization, empowered to waive confidentiality or todisclose or consent to the disclosure of confidential information; or
(2) A person appointed by the patient participant to makehealth care decisions on his or her behalf through a valid durable power ofattorney for health care as set forth in Rhode Island general laws §23-4.10-2; or
(3) A guardian or conservator, with authority to make healthcare decisions, if the patient participant is decisionally impaired; or
(4) Another legally appropriate medical decision makertemporarily if the patient participant is decisionally impaired and no healthcare agent, guardian or conservator is available; or
(5) If the patient participant is deceased, his or herpersonal representative or, in the absence of that representative, his or herheirs-at-law; or
(6) A parent with the authority to make health care decisionsfor the parent's child.
(c) "Authorization form" means the form described in §5-37.7-7 of this chapter and by which a patient participant providesauthorization for the RHIO to allow access to, review of, and/or disclosure ofthe patient participant's confidential health care information by electronic,written or other means.
(d) "Business associate" means a business associate asdefined by HIPAA.
(e) "Confidential health care information" means allinformation relating to a patient participant's health care history, diagnosis,condition, treatment, or evaluation.
(f) "Coordination of care" means the process of coordinating,planning, monitoring, and/or sharing information relating to and assessing acare plan for treatment of a patient.
(g) "Data submitting partner" means an individual,organization or entity that has entered into a business associate agreementwith the RHIO and submits patient participants' confidential health careinformation through the HIE.
(h) "Department of health" means the Rhode Island departmentof health.
(i) "Disclosure report" means a report generated by the HIErelating to the record of access to, review of and/or disclosure of a patient'sconfidential health care information received, accessed or held by the HIE.
(j) "Electronic mobilization" means the capability to moveclinical information electronically between disparate health care informationsystems while maintaining the accuracy of the information being exchanged.
(k) "Emergency" means the sudden onset of a medical, mentalor substance abuse or other condition manifesting itself by acute symptoms ofseverity (e.g. severe pain) where the absence of medical attention couldreasonably be expected, by a prudent lay person, to result in placing thepatient's health in serious jeopardy, serious impairment to bodily or mentalfunctions, or serious dysfunction of any bodily organ or part.
(l) "Health care provider" means any person or entitylicensed by this state to provide or lawfully providing health care services,including, but not limited to, a physician, hospital, intermediate carefacility or other health care facility, dentist, nurse, optometrist,podiatrist, physical therapist, psychiatric social worker, pharmacist orpsychologist, and any officer, employee, or agent of that provider acting inthe course and scope of his or her employment or agency related to orsupportive of health care services.
(m) "Health care services" means acts of diagnosis,treatment, medical evaluation, referral or counseling or any other acts thatmay be permissible under the health care licensing statutes of this state.
(n) "Health Information Exchange" or "HIE" means thetechnical system operated, or to be operated, by the RHIO under state authorityallowing for the statewide electronic mobilization of confidential health careinformation, pursuant to this chapter.
(o) "HIE Advisory Commission" means the advisory bodyestablished by the department of health in order to provide community input andpolicy recommendations regarding the use of the confidential health careinformation of the HIE.
(p) "HIPAA" means the health insurance portability andaccountability act of 1996, as amended.
(q) "Participant" means a patient participant, a patientparticipant's authorized representative, a provider participant, a datasubmitting partner, the regional health information organization and thedepartment of health, that has agreed to authorize, submit, access and/ordisclose confidential health care information via the HIE in accordance withthis chapter.
(r) "Participation" means a patient participant'sauthorization, submission, access and/or disclosure of confidential health careinformation via the HIE in accordance with this chapter.
(s) "Patient participant" means a person who receives healthcare services from a provider participant and has agreed to participate in theHIE through the mechanisms established in this chapter.
(t) "Provider participant" means a pharmacy, laboratory orhealth care provider who is providing health care services to a patientparticipant and/or is submitting or accessing health care information throughthe HIE and has executed an electronic and/or written agreement regardingdisclosure, access, receipt, retention or release of confidential health careinformation to the HIE;
(u) "Regional health information organization" or "RHIO"means the organization designated as the RHIO by the state to provideadministrative and operational support to the HIE.