Rhode Island 2023 Regular Session

Rhode Island Senate Bill S0719 Compare Versions

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

Old	New	Differences
1	1
2	2
3	3
4	4
5	5	2023 -- S 0719
6	6	========
7	7	LC001644
8	8	========
9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO BEHAVIORAL HEALTHCARE, DEVELOPMENTAL DISABI LITIES AND
16	16	HOSPITALS -- MENTAL HEALTH LAW
17	17	Introduced By: Senators McKenney, DiMario, Cano, Euer, and Burke
18	18	Date Introduced: March 22, 2023
19	19	Referred To: Senate Health & Human Services
20	20	(Dept. of BHDDH)
21	21
22	22	It is enacted by the General Assembly as follows:
23	23	SECTION 1. Sections 40.1-5-26 and 40.1-5-29 of the General Laws in Chapter 40.1-5 1
24	24	entitled "Mental Health Law" are hereby amended to read as follows: 2
25	25	40.1-5-26. Disclosure of confidential information and records. 3
26	26	(a) The fact of admission or certification, and all information and records compiled, 4
27	27	obtained, or maintained in the course of providing services to persons under this chapter, shall be 5
28	28	confidential. 6
29	29	(b) Information and records may be disclosed only: 7
30	30	(1) To any person, with the written consent of the patient, or his or her guardian. 8
31	31	(2) In communications among qualified medical or mental health professionals in for the 9
32	32	provision of services, or to make appropriate referrals, or in the course of court proceedings. The 10
33	33	consent of the patient, or his or her guardian, must be obtained before information or records may 11
34	34	be disclosed by a professional person employed by a facility to a professional person not employed 12
35	35	by the facility who does not have the medical responsibility for the patient’s care for diagnosis, 13
36	36	treatment, and/or transitions of care. 14
37	37	(3) When the person receiving services, or his or her guardian, designates persons to whom 15
38	38	information or records may be released, or if the person is a minor, when his or her parents or 16
39	39	guardian make the designation. 17
40	40	(4) To the extent necessary for a recipient to make a claim, or for a claim to be made on 18
41	41
42	42
43	43	LC001644 - Page 2 of 4
44	44	behalf of a recipient, for aid, insurance, or medical assistance to which he or she may be entitled. 1
45	45	(5) To proper medical authorities for the purpose of providing emergency medical 2
46	46	treatment where the person’s life or health are in immediate jeopardy. 3
47	47	(6) For program evaluation and/or research, provided that the director adopts rules for the 4
48	48	conduct of the evaluations and/or research. The rules shall include, but need not be limited to, the 5
49	49	requirement that all evaluators and researchers must sign an oath of confidentiality, agreeing not to 6
50	50	divulge, publish, or otherwise make known, to unauthorized persons or the public, any information 7
51	51	obtained in the course of the evaluation or research regarding persons who have received services 8
52	52	such that the person who received the services is identifiable. 9
53	53	(7) To the courts, and persons designated by judges thereof, in accordance with applicable 10
54	54	rules of procedure. The records and files maintained in any court proceeding pursuant to this chapter 11
55	55	shall be confidential and available only to the person who was the subject of the proceeding, or his 12
56	56	or her attorney. 13
57	57	(8) To the state medical examiner in connection with the investigation of a fatality of a 14
58	58	current or former patient to the extent necessary to assist the medical examiner in determining the 15
59	59	cause of death. 16
60	60	(9) To the director of health in accordance with, and to the extent authorized by, the 17
61	61	provisions of chapter 37.3 of title 5 and all applicable federal laws and regulations; provided, 18
62	62	however, that with respect to any information obtained, the department complies with all state and 19
63	63	federal confidentiality laws, including, but not limited to, chapter 37.3 of title 5 and specifically § 20
64	64	5-37.3-4(c), and that the name, or names, of the patient, or patients, who is or are determined by 21
65	65	the director of health to be immaterial to the request, inquiry, or investigation remain unidentifiable. 22
66	66	Any treatment facility that provides information to the director of health in accord with a request 23
67	67	under this subsection is not liable for wrongful disclosure arising out of any subsequent disclosure 24
68	68	by the director of health. 25
69	69	(10) To a probate court of competent jurisdiction, petitioner, respondent, and/or their 26
70	70	attorneys, when the information is contained within a decision-making assessment tool that 27
71	71	conforms to the provisions of § 33-15-47. 28
72	72	(11) To the department of children, youth and families and/or the department’s contracted 29
73	73	designee for the purpose of facilitating effective care planning pursuant to § 42-72-5.2(2) and in 30
74	74	accordance with applicable state and federal laws, for a child hospitalized for psychiatric services 31
75	75	and such services are paid for in whole or in part by the state, or for a child who may be discharged 32
76	76	from an acute-care facility to an out-of-home mental or behavioral health agency for services and 33
77	77	when such services will be paid for in whole or in part by the state. 34
78	78
79	79
80	80	LC001644 - Page 3 of 4
81	81	(12) To the RIte Care health plans for any child enrolled in RIte Care. 1
82	82	(13) To the NICS database for firearms disqualifying information provided that only 2
83	83	individual identifying information required by § 40.1-5-8(l) is submitted. 3
84	84	(14) To any vendor, agent, contractor, or designee who operates an electronic health record, 4
85	85	health information exchange, or clinical management system to fulfill one of the purposes specified 5
86	86	in subsection (b) of this section. 6
87	87	(c) Written consent must be obtained from the patient, or the patient's guardian, before 7
88	88	disclosures for purposes other than those allowed in subsection (b) of this section and for disclosure 8
89	89	of psychotherapy notes that are otherwise excluded from a patient's record; 9
90	90	(d) In accordance with applicable federal and state laws, psychotherapy notes related to the 10
91	91	treatment of a patient may be disclosed without the written consent of the patient or the patient's 11
92	92	guardian in the course of court proceedings consistent with subsection (b)(7) of this section. 12
93	93	(e) The penalties pursuant to § 5-37.3-9 shall apply to any violation of the confidentiality 13
94	94	provisions of this section. 14
95	95	40.1-5-29. Record of disclosure. 15
96	96	(a) When any disclosure of information or records is made, the physician in charge of the 16
97	97	patient or the professional person in charge of the facility, or his or her designee, shall promptly 17
98	98	cause to be entered into the patient’s medical record the date and circumstances under which the 18
99	99	disclosure was made, the names, and relationships to the patient, if any, of the person or agencies 19
100	100	to whom the disclosure was made, and the information disclosed. 20
101	101	(b) When any disclosure of information or records is made through automated electronic 21
102	102	exchanges such as those facilitated by electronic health records or health information exchanges, 22
103	103	the appropriate system operator shall promptly record the date and circumstances under which the 23
104	104	disclosure was made, the names and relationships to the patient, if any, of the person or agencies 24
105	105	to whom the disclosure was made, and the information disclosed. 25
106	106	(c) Documentation related to disclosure of information or records, including the content 26
107	107	thereof, as required under subsections (a) and/or (b) of this section, shall be made available to the 27
108	108	patient upon the patient's or the patient's guardian's request. 28
109	109	SECTION 2. This act shall take effect upon passage. 29
110	110	========
111	111	LC001644
112	112	========
113	113
114	114
115	115	LC001644 - Page 4 of 4
116	116	EXPLANATION
117	117	BY THE LEGISLATIVE COUNCIL
118	118	OF
119	119	A N A C T
120	120	RELATING TO BEHAVIORAL HEALTHCARE, DEVEL OPMENTAL DISABILITIES AND
121	121	HOSPITALS -- MENTAL HEALTH LAW
122	122	***
123	123	This act would amend provisions of law relative to the disclosure of confidential healthcare 1
124	124	information and records and the disclosure thereof occurring through electronic means. 2
125	125	This act would take effect upon passage. 3
126	126	========
127	127	LC001644
128	128	========
129	129