§ 5-37.7-7 - Disclosure.
SECTION 5-37.7-7
§ 5-37.7-7 Disclosure. – (a) Except as provided in subsection (b) of this section, a patientparticipant's confidential health care information may only be accessed,released or transferred from the HIE in accordance with an authorization formsigned by the patient participant or the patient's authorized representative.
(b) No authorization for release or transfer of confidentialhealth care information from the HIE shall be required in the followingsituations:
(1) To a health care provider who believes, in good faith,that the information is necessary for diagnosis or treatment of that individualin an emergency; or
(2) To public health authorities in order to carry out theirfunctions as described in this title and titles 21 and 23, and rulespromulgated under those titles. These functions include, but are not restrictedto, investigations into the causes of disease, the control of public healthhazards, enforcement of sanitary laws, investigation of reportable diseases,certification and licensure of health professionals and facilities, review ofhealth care such as that required by the federal government and othergovernmental agencies, and mandatory reporting laws set forth in Rhode Islandgeneral laws; and
(3) To the RHIO in order for it to effectuate the operationand administrative oversight of the HIE.
(c) The content of the authorization form for access to, orthe disclosure, release or transfer of confidential health care informationfrom the HIE shall be prescribed by the RHIO in accordance with applicabledepartment of health regulations, but at a minimum shall contain the followinginformation in a clear and conspicuous manner:
(1) A statement of the need for and proposed uses of thatinformation; and
(2) A statement that the authorization for access to,disclosure of and/or release of information may be withdrawn at any future timeand is subject to revocation.
(3) That the patient has the right not to participate in theHIE; and
(4) The patient's right to choose to: (i) enroll in andparticipate fully in the HIE; or (ii) designate only specific health careproviders that may access the patient participant's confidential health careinformation.
(d) Except as specifically provided by law or this chapter,or use for clinical care, a patient participant's confidential health careinformation shall not be accessed by, given, sold, transferred, or in any wayrelayed from the HIE to any other person or entity not specified in the patientparticipant authorization form meeting the requirements of subsection (c) ofthis section without first obtaining additional authorization.
(e) Nothing contained in this chapter shall be construed tolimit the permitted access to or the release, transfer, access or disclosure ofconfidential health care information described in subsection (b) of thissection or under other applicable law.
(f) Confidential health care information received, disclosedor held by the HIE shall not be subject to subpoena directed to the HIE or RHIOunless the following procedures have been completed: (i) the person seeking theconfidential health care information has already requested and received theconfidential health care information from the health care provider that was theoriginal source of the information; and (ii) a determination has been made bythe superior court upon motion and notice to the HIE or RHIO and the parties tothe litigation in which the subpoena is served that the confidential healthcare information sought from the HIE is not available from another source andis either relevant to the subject matter involved in the pending action or isreasonably calculated to lead to the discovery of admissible evidence in suchpending action. Any person issuing a subpoena to the HIE or RHIO pursuant tothis section shall certify that such measures have been completed prior to theissuance of the subpoena.
(g) Nothing contained herein shall interfere with or impactupon any rights or obligations imposed by the Workers Compensation Act ascontained in title 28, chapters 29 – 38, of the general laws.