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| 5 | 5 | | 2023 -- H 5915 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC002075 |
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| 8 | 8 | | ======== |
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| 9 | 9 | | S TATE OF RHODE IS LAND |
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| 10 | 10 | | IN GENERAL ASSEMBLY |
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| 11 | 11 | | JANUARY SESSION, A.D. 2023 |
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| 12 | 12 | | ____________ |
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| 13 | 13 | | |
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| 14 | 14 | | A N A C T |
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| 15 | 15 | | RELATING TO STATE AFFAIRS AND GOVERNMENT -- OFFICE OF HEALTH CARE |
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| 16 | 16 | | ADVOCATE |
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| 17 | 17 | | Introduced By: Representative Susan R. Donovan |
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| 18 | 18 | | Date Introduced: March 01, 2023 |
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| 19 | 19 | | Referred To: House Judiciary |
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| 20 | 20 | | (Attorney General) |
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| 21 | 21 | | |
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| 22 | 22 | | It is enacted by the General Assembly as follows: |
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| 23 | 23 | | SECTION 1. Section 42-9.1-5 of the General Laws in Chapter 42-9.1 entitled "Office of 1 |
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| 24 | 24 | | Health Care Advocate" is hereby amended to read as follows: 2 |
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| 25 | 25 | | 42-9.1-5. Powers of the attorney general. 3 |
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| 26 | 26 | | (a) The health care advocate shall be entitled to receive confidential health care information 4 |
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| 27 | 27 | | available to the department of health and to law enforcement to the extent authorized by, and in 5 |
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| 28 | 28 | | accordance with the provisions of chapter 37.3 of title 5, the confidentiality of health care 6 |
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| 29 | 29 | | communications and information act. Any such information shall not be disclosed by the health 7 |
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| 30 | 30 | | care advocate except pursuant to judicial process and shall not be used against a patient in any civil 8 |
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| 31 | 31 | | or criminal proceeding or in any other matter where the patient is identified or the identity of the 9 |
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| 32 | 32 | | patient is inferred. 10 |
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| 33 | 33 | | (b) Any confidential health care information received pursuant to this chapter shall not 11 |
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| 34 | 34 | | include the name, address or social security number of the patient or other such information that 12 |
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| 35 | 35 | | specifically identifies a patient. Upon the completion of any investigation, administrative or legal 13 |
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| 36 | 36 | | action, all records obtained by the health care advocate pursuant to this section shall be destroyed. 14 |
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| 37 | 37 | | All costs incurred in providing the health care advocate with any information pursuant to this 15 |
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| 38 | 38 | | section shall be borne by the provider. 16 |
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| 39 | 39 | | |
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| 40 | 40 | | |
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| 41 | 41 | | LC002075 - Page 2 of 3 |
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| 42 | 42 | | SECTION 2. This act shall take effect upon passage. 1 |
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| 43 | 43 | | ======== |
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| 44 | 44 | | LC002075 |
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| 45 | 45 | | ======== |
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| 46 | 46 | | |
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| 47 | 47 | | |
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| 48 | 48 | | LC002075 - Page 3 of 3 |
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| 49 | 49 | | EXPLANATION |
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| 50 | 50 | | BY THE LEGISLATIVE COUNCIL |
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| 51 | 51 | | OF |
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| 52 | 52 | | A N A C T |
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| 53 | 53 | | RELATING TO STATE AFFAIRS AND GOVERNMENT -- OFFICE OF HEALTH CARE |
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| 54 | 54 | | ADVOCATE |
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| 55 | 55 | | *** |
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| 56 | 56 | | This act would permit the health care advocate to receive confidential health care 1 |
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| 57 | 57 | | information with individual patient information, but would prohibit the disclosure of the 2 |
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| 58 | 58 | | information, except pursuant to judicial process and would prohibit the use of the information 3 |
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| 59 | 59 | | against the patient in any civil or criminal proceeding or any matter when the patient is identified 4 |
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| 60 | 60 | | or where the identity of the patient is inferred. 5 |
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| 61 | 61 | | This act would take effect upon passage. 6 |
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| 62 | 62 | | ======== |
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| 63 | 63 | | LC002075 |
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| 64 | 64 | | ======== |
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