2023 -- H 5915
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LC002075
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S TATE OF RHODE IS LAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2023
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A N A C T
RELATING TO STATE AFFAIRS AND GOVERNMENT -- OFFICE OF HEALTH CARE
ADVOCATE
Introduced By: Representative Susan R. Donovan
Date Introduced: March 01, 2023
Referred To: House Judiciary
(Attorney General)
It is enacted by the General Assembly as follows:
SECTION 1. Section 42-9.1-5 of the General Laws in Chapter 42-9.1 entitled "Office of 1
Health Care Advocate" is hereby amended to read as follows: 2
42-9.1-5. Powers of the attorney general. 3
(a) The health care advocate shall be entitled to receive confidential health care information 4
available to the department of health and to law enforcement to the extent authorized by, and in 5
accordance with the provisions of chapter 37.3 of title 5, the confidentiality of health care 6
communications and information act. Any such information shall not be disclosed by the health 7
care advocate except pursuant to judicial process and shall not be used against a patient in any civil 8
or criminal proceeding or in any other matter where the patient is identified or the identity of the 9
patient is inferred. 10
(b) Any confidential health care information received pursuant to this chapter shall not 11
include the name, address or social security number of the patient or other such information that 12
specifically identifies a patient. Upon the completion of any investigation, administrative or legal 13
action, all records obtained by the health care advocate pursuant to this section shall be destroyed. 14
All costs incurred in providing the health care advocate with any information pursuant to this 15
section shall be borne by the provider. 16
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SECTION 2. This act shall take effect upon passage. 1
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO STATE AFFAIRS AND GOVERNMENT -- OFFICE OF HEALTH CARE
ADVOCATE
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This act would permit the health care advocate to receive confidential health care 1
information with individual patient information, but would prohibit the disclosure of the 2
information, except pursuant to judicial process and would prohibit the use of the information 3
against the patient in any civil or criminal proceeding or any matter when the patient is identified 4
or where the identity of the patient is inferred. 5
This act would take effect upon passage. 6
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LC002075
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