Rhode Island 2023 Regular Session

Rhode Island Senate Bill S0362 Compare Versions

Only one version of the bill is available at this time.

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5	5	2023 -- S 0362
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9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
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14	14	A N A C T
15	15	RELATING TO HEALTH AND SAFETY -- LICENSING OF HEALTHCARE FACILITIES
16	16	Introduced By: Senator Samuel D. Zurier
17	17	Date Introduced: February 16, 2023
18	18	Referred To: Senate Judiciary
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21	21	It is enacted by the General Assembly as follows:
22	22	SECTION 1. Section 23-17-19.1 of the General Laws in Chapter 23-17 entitled "Licensing 1
23	23	of Healthcare Facilities" is hereby amended to read as follows: 2
24	24	23-17-19.1. Rights of patients. 3
25	25	Every healthcare facility licensed under this chapter shall observe the following standards 4
26	26	and any other standards that may be prescribed in rules and regulations promulgated by the 5
27	27	licensing agency with respect to each patient who utilizes the facility: 6
28	28	(1) The patient shall be afforded considerate and respectful care. 7
29	29	(2) Upon request, the patient shall be furnished with the name of the physician responsible 8
30	30	for coordinating his or her care. 9
31	31	(3) Upon request, the patient shall be furnished with the name of the physician or other 10
32	32	person responsible for conducting any specific test or other medical procedure performed by the 11
33	33	healthcare facility in connection with the patient’s treatment. 12
34	34	(4) The patient shall have the right to refuse any treatment by the healthcare facility to the 13
35	35	extent permitted by law. 14
36	36	(5) The patient’s right to privacy shall be respected to the extent consistent with providing 15
37	37	adequate medical care to the patient and with the efficient administration of the healthcare facility. 16
38	38	Nothing in this section shall be construed to preclude discreet discussion of a patient’s case or 17
39	39	examination of appropriate medical personnel. 18
40	40	(6) The patient’s right to privacy and confidentiality shall extend to all records pertaining 19
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44	44	to the patient’s treatment except as otherwise provided by law. 1
45	45	(7) The healthcare facility shall respond in a reasonable manner to the request of a patient’s 2
46	46	physician, certified nurse practitioner, and/or a physician’s assistant for medical services to the 3
47	47	patient. The healthcare facility shall also respond in a reasonable manner to the patient’s request 4
48	48	for other services customarily rendered by the healthcare facility to the extent the services do not 5
49	49	require the approval of the patient’s physician, certified nurse practitioner, and/or a physician’s 6
50	50	assistant or are not inconsistent with the patient’s treatment. 7
51	51	(8) Before transferring a patient to another facility, the healthcare facility must first inform 8
52	52	the patient of the need for, and alternatives to, a transfer. 9
53	53	(9) Upon request, the patient shall be furnished with the identities of all other healthcare 10
54	54	and educational institutions that the healthcare facility has authorized to participate in the patient’s 11
55	55	treatment and the nature of the relationship between the institutions and the healthcare facility. 12
56	56	(10)(a) Except as otherwise provided in this subparagraph, if the healthcare facility 13
57	57	proposes to use the patient in any human-subjects research, it shall first thoroughly inform the 14
58	58	patient of the proposal and offer the patient the right to refuse to participate in the project. 15
59	59	(b) No facility shall be required to inform prospectively the patient of the proposal and the 16
60	60	patient’s right to refuse to participate when: (i) The facility’s human-subjects research involves the 17
61	61	investigation of potentially lifesaving devices, medications, and/or treatments and the patient is 18
62	62	unable to grant consent due to a life-threatening situation and consent is not available from the 19
63	63	agent pursuant to chapter 4.10 of title 23 or the patient’s decision maker if an agent has not been 20
64	64	designated or an applicable advanced directive has not been executed by the patient; and or (ii) The 21
65	65	facility’s An institutional review board approves the human-subjects research pursuant to the 22
66	66	patient consent and/or de-identification requirements of 21 C.F.R. Pt. 50 and/or 45 C.F.R. Pt. 46 23
67	67	(relating to the informed consent of human subjects). Any healthcare facility engaging in research 24
68	68	pursuant to the requirements of subparagraph (b) herein shall file a copy of the relevant research 25
69	69	protocol with the department of health, which filing shall be publicly available. 26
70	70	(11) Upon request, the patient shall be allowed to examine and shall be given an 27
71	71	explanation of the bill rendered by the healthcare facility irrespective of the source of payment of 28
72	72	the bill. 29
73	73	(12) Upon request, the patient shall be permitted to examine any pertinent healthcare 30
74	74	facility rules and regulations that specifically govern the patient’s treatment. 31
75	75	(13) The patient shall be offered treatment without discrimination as to race, color, religion, 32
76	76	national origin, or source of payment. 33
77	77	(14) Patients shall be provided with a summarized medical bill within thirty (30) days of 34
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81	81	discharge from a healthcare facility. Upon request, the patient shall be furnished with an itemized 1
82	82	copy of his or her bill. When patients are residents of state-operated institutions and facilities, the 2
83	83	provisions of this subsection shall not apply. 3
84	84	(15) Upon request, the patient shall be allowed the use of a personal television set provided 4
85	85	that the television complies with underwriters’ laboratory standards and O.S.H.A. standards, and 5
86	86	so long as the television set is classified as a portable television. 6
87	87	(16) No charge of any kind, including, but not limited to, copying, postage, retrieval, or 7
88	88	processing fees, shall be made for furnishing a health record or part of a health record to a patient, 8
89	89	his or her attorney, or authorized representative if the record, or part of the record, is necessary for 9
90	90	the purpose of supporting an appeal under any provision of the Social Security Act, 42 U.S.C. § 10
91	91	301 et seq., and the request is accompanied by documentation of the appeal or a claim under the 11
92	92	provisions of the Workers’ Compensation Act, chapters 29 — 38 of title 28 or for any patient who 12
93	93	is a veteran and the medical record is necessary for any application for benefits of any kind. A 13
94	94	provider shall furnish a health record requested pursuant to this section by mail, electronically, or 14
95	95	otherwise, within thirty (30) days of the receipt of the request. For the purposes of this section, 15
96	96	“provider” shall include any out-of-state entity that handles medical records for in-state providers. 16
97	97	Further, for patients of school-based health centers, the director is authorized to specify by 17
98	98	regulation an alternative list of age appropriate rights commensurate with this section. 18
99	99	(17) The patient shall have the right to have his or her pain assessed on a regular basis. 19
100	100	(18) Notwithstanding any other provisions of this section, upon request, patients receiving 20
101	101	care through hospitals, nursing homes, assisted-living residences and home healthcare providers, 21
102	102	shall have the right to receive information concerning hospice care, including the benefits of 22
103	103	hospice care, the cost, and how to enroll in hospice care. 23
104	104	SECTION 2. This act shall take effect upon passage. 24
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111	111	EXPLANATION
112	112	BY THE LEGISLATIVE COUNCIL
113	113	OF
114	114	A N A C T
115	115	RELATING TO HEALTH AND SAFETY -- LICENSING OF HEALTHCARE FACILITIES
116	116	***
117	117	This act would allow the healthcare facility to conduct human-subject research on patients 1
118	118	subject to 21 C.F.R. Pt 50 and/or 45 C.F.R. Pt 46 (relating to the informed consent of human 2
119	119	subjects). 3
120	120	This act would take effect upon passage. 4
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