2019 -- S 0580 SUBSTITUTE A

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LC002063/SUB A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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S E N A T E   R E S O L U T I O N

RESPECTFULLY REQUESTING THE RHODE ISLAND DEPARTMENT OF HEALTH TO

DEVELOP AND PROMULGATE RULES AND REGULATIONS TO ENSURE THE

CONFIDENTIAL COMMUNICATION OF SENSITIVE MEDICAL INFORMATION

     Introduced By: Senators Goldin, and Miller

     Date Introduced: March 14, 2019

     Referred To: Senate Health & Human Services

     WHEREAS, Confidentiality of personal medical information is integral to a patient's

health and to the provider-patient relationship; and

     WHEREAS, Patient confidentiality has been raised as a serious concern in the context of

third-party billing for sensitive medical screenings and treatments; and

     WHEREAS, Despite patient privacy protections in place at the state and federal level,

separate billing requirements and common health insurance practices may put the confidentiality

of patient information at risk when sensitive medical services are billed to a private insurer or

Medicaid; and

     WHEREAS, The confidentiality of patient information may be exposed due to third-

party payers sending an Explanation of Benefits (EOB), which details medical services received

by a patient, or other types of communications, to the primary policyholder instead of the

dependent who received the care; and

     WHEREAS, A dependent's information may be at risk without their knowledge or

consent; and

     WHEREAS, Minors who are accessing services to which, by law, they can consent to

independently, as well as young adults and adults that are on their spouses’ health insurance plan

are greatly affected by this issue; and

     WHEREAS, The Affordable Care Act allows dependents to stay on their parents' medical

insurance coverage until age twenty-six; and

     WHEREAS, Patients may delay or completely avoid getting sensitive medical screenings

or treatments, for fear of their medical information being exposed, which could put them and

others at risk; and

     WHEREAS, Patients may delay or completely avoid getting mental health care because

the policyholder might find out; and

     WHEREAS, Patients that are victims of domestic violence may not seek treatment for

their injuries because they may be at risk of experiencing retaliatory violence if their abuser

receives a communication regarding their private medical information, such as an Explanation of

Benefits; and

     WHEREAS, Thirteen states have provisions that serve to protect the confidentiality of

individuals insured as dependents; and

     WHEREAS, Developing procedures and protocols to protect patient confidentiality and

educating providers and patients about how to protect patient confidentiality could improve

patient privacy and decrease the risk of exposing sensitive medical information without a

patient’s knowledge or consent; now, therefore be it

     RESOLVED, That this Senate of the State of Rhode Island and Providence Plantations

hereby respectfully requests the Rhode Island Department of Health to develop and promulgate

rules and regulations to ensure the confidential communication of sensitive medical information;

and be it further

     RESOLVED, That the Rhode Island Department of Health may consult with the other

state agencies to implement said regulations, as necessary, including, but not limited to, the

Office of the Health Insurance Commissioner and The Office of the Attorney General; and be it

further

     RESOLVED, That this Senate hereby requests the Rhode Island Department of Health to

finalize these rules and regulations and notify the Rhode Island Senate Committee on Health and

Human Services of these rules and regulations on or before January 2, 2020; and be it further

     RESOLVED, That the Secretary of State be and hereby is authorized and directed to

transmit duly certified copies of this resolution to the Honorable Gina Raimondo, Governor of the

State of Rhode Island, Nicole Alexander-Scott, MD, MPH, Director of the Rhode Island

Department of Health, Marie L. Ganim, PhD, Health Insurance Commissioner, and the Honorable

Peter Neronha, Rhode Island Attorney General.

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