2023 -- H 5915

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LC002075

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- OFFICE OF HEALTH CARE

ADVOCATE

     Introduced By: Representative Susan R. Donovan

     Date Introduced: March 01, 2023

     Referred To: House Judiciary

     (Attorney General)

It is enacted by the General Assembly as follows:

     SECTION 1. Section 42-9.1-5 of the General Laws in Chapter 42-9.1 entitled "Office of

Health Care Advocate" is hereby amended to read as follows:

     42-9.1-5. Powers of the attorney general.

     (a) The health care advocate shall be entitled to receive confidential health care information

available to the department of health and to law enforcement to the extent authorized by, and in

accordance with the provisions of chapter 37.3 of title 5, the confidentiality of health care

communications and information act. Any such information shall not be disclosed by the health

care advocate except pursuant to judicial process and shall not be used against a patient in any civil

or criminal proceeding or in any other matter where the patient is identified or the identity of the

patient is inferred.

     (b) Any confidential health care information received pursuant to this chapter shall not

include the name, address or social security number of the patient or other such information that

specifically identifies a patient. Upon the completion of any investigation, administrative or legal

action, all records obtained by the health care advocate pursuant to this section shall be destroyed.

All costs incurred in providing the health care advocate with any information pursuant to this

section shall be borne by the provider.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- OFFICE OF HEALTH CARE

ADVOCATE

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     This act would permit the health care advocate to receive confidential health care

information with individual patient information, but would prohibit the disclosure of the

information, except pursuant to judicial process and would prohibit the use of the information

against the patient in any civil or criminal proceeding or any matter when the patient is identified

or where the identity of the patient is inferred.

     This act would take effect upon passage.

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