Senate Bill #62 (2021)
AN ACT RELATING TO BUSINESSES AND PROFESSIONS -- CONFIDENTIALITY OF HEALTH CARE COMMUNICATIONS AND INFORMATION ACT
Requires health insurers to accommodate the request for communication in the form and format requested by the insured.
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2021-01-19: Introduced, referred to Senate Health and Human Services
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2021-01-19: Introduced, referred to Senate Judiciary
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2021-03-26: Scheduled for hearing and/or consideration (04/01/2021)
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2021-04-01: Committee recommended measure be held for further study
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2021-06-22: Scheduled for consideration (06/24/2021)
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2021-06-23: Proposed Substitute
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2021-06-24: Committee recommends passage of Sub A
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2021-06-24: Placed on Senate Calendar (06/29/2021)
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2021-06-24: Placed on Senate Calendar (06/30/2021)
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2021-06-30: Senate passed Sub A as amended (floor amendment)
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2021-07-01: Placed on Senate Calendar (07/01/2021)
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2021-07-01: Senate passed Sub A as amended in concurrence
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2021-07-01: House passed Sub A as amended (floor amendment)
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2021-07-01: Placed on House Calendar (07/01/2021)
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2021-07-02: Transmitted to Governor
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2021-07-07: Signed by Governor
Changes since original draft
2021 – S 0062- 2021 – S 0062 SUBSTITUTE A AS AMENDED
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LC000744- LC000744/SUB A
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- S T A T E O F R H O D E I S L A N D
- IN GENERAL ASSEMBLY
- JANUARY SESSION, A.D. 2021
- ____________
- A N A C T
- RELATING TO BUSINESSES AND PROFESSIONS – CONFIDENTIALITY OF HEALTH
- CARE COMMUNICATIONS AND INFORMATION ACT
- Introduced By: Senators Goldin, Valverde, DiMario, Mendes, and Miller
- Date Introduced: January 19, 2021
- Referred To: Senate Health & Human Services
- It is enacted by the General Assembly as follows:
- SECTION 1. Chapter 5-37.3 of the General Laws entitled "Confidentiality of Health Care Communications and Information Act" is hereby amended by adding thereto the following section:
5-37.3-12. Right to confidential communication of medical information.- 5-37.3-12. Right to confidential communication of confidential health care informatio.
- (a) As used in this section:
(1) "Confidential communications request" means a request by an insured covered under a health insurance policy that insurance communications containing medical information be communicated to him or her at a specific mail or email address or specific telephone number, as designated by the insured. (2) "Health insurer" shall have the same meaning as "managed-care entity" as defined in § 5-37.3-3 (3) "Health care provider" shall have the same meaning as set forth in § 5-37.3-3. (4) "Medical information" means any individually identifiable information, in electronic or physical form, in possession of or derived from a health care provider, health insurer, pharmaceutical company, or contractor regarding a patient's medical history, mental or physical condition, or treatment. "Individually identifiable" means that the medical information includes or contains any element of personal identifying information sufficient to allow identification of the individual,such as the patient'sname, address,electronic mail address,telephone number, orsocial security number, or other information that, alone or in combination with other publicly available information, reveals the individual's identity. (b) Notwithstanding any other law, and to the extent permitted by federal law, a health insurer shall take the following steps to protect the confidentiality of an insured's medical information on and after January 1, 2022: (1) A health insurer shall permit an insured to submit a confidential communications request form as described in subsection (e) of this section. A health insurer shall accommodate requests for communication in the form and format requested by the individual, if it is readily producible in the requested form and format. A health insurer shall permit that communications containing medical information be communicated to the insured at a specific mail or email address or specific telephone number, as designated by the insured. (2) A health insurer may require the insured to make a request for a confidential communication described in subsection (b)(1) of this section, in writing or by electronic transmission. (3) The confidential communication request shall be valid until the insured submits a revocation of the request, or a new confidential communication request is submitted. (4) For the purposes of this section, a confidential communications request must be implemented by the health insurer within seven (7) calendar days of the receipt of an electronic transmission or telephonic request or within fourteen (14) calendar days of receipt by first-class mail. The health insurer shall acknowledge receipt of the confidential communications request and advise the insured of the status of implementation of the request if an insured contacts the insurer. (c) Notwithstanding subsection (b) of this section, a health care provider may make arrangements with the insured for the payment of benefit cost sharing and communicate that arrangement with the insurer. (d) A health insurer shall not condition coverage on the waiver of rights provided in this section. (e) All health insurers shall create a confidential communications request form that shall be easily readable and prominently displayed on the health insurer's website. (f) The department of health shall develop and disseminate to health care providers information on best practices relating to how providers can support patients requesting confidential communications including, but not limited to:- (1) "Confidential communications request" means a request by a insured individual or authorized representative covered under a health insurance policy that insurance communications containing confidential health care information be communicated to him or her at a specific mail oremailaddressorspecifictelephonenumber,asdesignatedbytheinsuredindividual orauthorized representative.
- (2) "Confidential health care information" shall have the same meaning as set forth in § 5- 37.3-3.
- (3) "Health insurer" shall have the same meaning as "managed-care entity" as defined in § 5-37.3-3.
- (4) "Health care provider" shall have the same meaning as set forth in § 5-37.3-3.
- (5) "Insured individual" means a covered individual under the policy and legally capable of consenting to the provisions of covered benefits.
- (6) "Patient or authorized representative" shall have the same meaning as set forth in § 5- 37.3-3.
- (b) Notwithstanding any other law, and to the extent permitted by federal law, a health insurer shall take the following steps to further protect the confidentiality of an insured individual's confidential health care information:
- (1) A health insurer shall permit an insured individual or authorized representative to submit a confidential communications request form as described in subsection (d) of this section. A health insurer shall accommodate requests for communication in the form and format requested by the insured individual or authorized representative, if it is readily producible in the requested form and format. A health insurer shall permit that communications containing confidential health care information be communicated to the insured individual or authorized representative at a specific mail oremail address or specific telephone number, as designated bythe insured individual or authorized representative.
- (2)Ahealthinsurer mayrequiretheinsuredindividual orauthorizedrepresentativetomake a request for a confidential communication described in subsection (b)(1) of this section, in writing or by electronic transmission.
- (3) The confidential communication request shall be valid until the insured individual or authorized representative submits a revocation of the request, or a new confidential communication request is submitted.
- (4) For the purposes of this section, a confidential communications request must be implemented by the health insurer within ten (10) calendar days of the receipt of an electronic transmission or telephonic request or within ten (10) calendar days of receipt by first-class mail. Thehealthinsurershallacknowledgereceipt oftheconfidential communicationsrequestandadvise the insured individual or authorized representative of the status of implementation of the request if an insured individual or authorized representative contacts the insurer.
- (c) A health insurer shall not condition coverage on the waiver of rights provided in this section.
- (d) All health insurers shall create a confidential communications request form that shall be easily readable and prominently displayed on the health insurer's website.
- (e) The department of health shall develop and disseminate to health care providers information on best practices relating to how providers can support insured individuals or authorized representatives requesting confidential communications including, but not limited to:
- (1) Ensuring that health care providers and health care staff are aware and understand the requirements outlined in this section;
(2) Having hard-copy versions of the standardized confidential communications request forms described in subsection (e) of this section, prominently displayed and available to patients; and (3) Offering to submit the standardized confidential communications request forms described in subsection (e) of this section that has been completed by a patient to that patient's health insurer. (g) The office of the health insurance commissioner and the department of health may adopt reasonable rules and regulations for the implementation and administration of this chapter. SECTION 2. This act shall take effect upon passage. ======== LC000744 ========- (2) Having hard-copy versions of the standardized confidential communications request form described in subsection (d) of this section, prominently displayed and available to insured individuals or authorized representatives; and
- (3) Offering to submit the standardized confidential communications request form described in subsection (d) of this section that has been completed by an insured individual or authorized representative to that insured individual's health insurer.
- (f)Theofficeofthehealthinsurancecommissionerandthedepartment ofhealthmayadopt reasonable rules and regulations for the implementation and administration of this chapter.
- SECTION 2. This act shall take effect on January 1, 2022. ======== LC000744/SUB A ========
- EXPLANATION
- BY THE LEGISLATIVE COUNCIL
- OF
- A N A C T
- RELATING TO BUSINESSES AND PROFESSIONS – CONFIDENTIALITY OF HEALTH
- CARE COMMUNICATIONS AND INFORMATION ACT
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This act would require a health insurer to accommodate the request for communication in the form and format requested by the insured, if it is readily producible in the requested form and format,includingtoprovidesuchmedicalinformationtoaspecificmail oremailaddressorspecific telephone number, as designated by the insured. This act would take effect upon passage. ======== LC000744 ========- This act would require a health insurer to accommodate the request for communication in the form and format requested by the insured individual, if it is readily producible in the requested form and format, including to provide such medical information to a specific mail or email address or specific telephone number, as designated by the insured individual.
- This act would take effect on January 1, 2022. ======== LC000744/SUB A ========
Votes
NOTE: Electronic voting records are unofficial and may not be accurate. For an official vote tally, check the
House or Senate Journal from the day of the vote.
June 25, 2019 at 5:34pm
Yeas: 36 /
Nays: 2 /
Not voting: 0 /
Recused: 0
June 30, 2021 at 6:31pm
Yeas: 30 /
Nays: 0 /
Not voting: 8 /
Recused: 0
June 30, 2021 at 6:32pm
Yeas: 35 /
Nays: 0 /
Not voting: 3 /
Recused: 0