Mr. Speaker:

I hereby move to amend 99 -- H 5394 SUBSTITUTE A, entitled "AN ACT RELATING TO HEALTH AND SAFETY -- HEALTH PLAN MODIFICATION ACT", as follows:

By deleting all of the language following the enactment clause and inserting in place thereof the following:

"SECTION 1. Title 23 of the General Laws entitled "Health and Safety" is hereby amended by adding thereto the following chapter:

CHAPTER 17.18
HEALTH PLAN MODIFICATION ACT

23-17.18-1. Modification of health plans. -- (a) A health plan may modify the terms of a participating agreement it maintains with a physician only if the plan disseminates in writing by mail, to the physician the contents of the proposed modification and an explanation, in nontechnical terms, of the modification's impact.

(b) The health plan shall provide the physician an opportunity to amend or terminate the physician contract with the health plan within sixty (60) days of receipt of the notice of modification. Any termination of a physician contract made pursuant to this section shall be effective fifteen (15) calendar days from the mailing of the notice of termination in writing by certified mail, return receipt requested, to the health plan. The termination shall not affect the method of payment or reduce the amount of reimbursement to the physician by the health plan for any patient in active treatment for an acute medical condition at the time the patient's physician terminates his, her or its physician contract with the health plan until the active treatment is concluded or, if earlier, one (1) year after the termination and, with respect to the patient, during the active treatment period the physician shall be subject to all the terms and conditions of the terminated physician contract, including but not limited to all reimbursement provisions which limit the patient's liability.

(c) Nothing in this section shall apply to accident-only, specified disease, hospital indemnity, medicare supplement, long-term care, disability income, or other limited benefit health insurance policies.

SECTION 2. Section 27-20-5.2 of the General Laws in Chapter 27-20 entitled "Nonprofit Medical Service Corporations" is hereby repealed.

27-20-5.2. Contracts for medical services. -- (a) A nonprofit medical service corporation may modify the terms of a medical services agreement it maintains with a physician if the nonprofit medical service corporation:

(1) disseminates in writing by certified mail, return receipt requested, to the physician the contents of the proposed modification and an explanation, in nontechnical terms, of the modification's impact; the nonprofit medical service corporation shall provide the physician an opportunity to amend or terminate the agreement with the nonprofit medical service corporation within sixty (60) days of receipt of the notice of modification. Any termination of a physician agreement made pursuant to this section shall be effective fifteen (15) calendar days from the mailing of the notice of termination in writing by certified mail, return receipt requested, to the nonprofit medical service corporation. The termination shall not affect the method of payment or reduce the amount of reimbursement to the physician by the nonprofit medical service corporation for any patient in active treatment for an acute medical condition at the time the patient's physician terminates his or her medical service agreement until the active treatment is concluded or if earlier, one year after the termination and with respect to the patient and during the active treatment period, the physician shall be subject to all of the terms and conditions of the terminated medical service agreement, including but not limited to all reimbursement provisions which limit the patient's liability, or any of all rules, regulations, policies, and agreements incorporated by reference which apply to his or her physician agreement; and

(2) reimburse each physician the reasonable cost of photocopying any records or documents required to be submitted to the nonprofit medical service corporation for any reason.

(b) This section shall apply to all physician agreements in effect on June 17, 1991 and any agreements entered into thereafter.

SECTION 3. This act shall take effect on October 1, 1999 and shall apply to incidents occurring on and after the effective date."

Respectfully submitted,

BRIAN KENNEDY
Representative, District 16

Representatives Gorham and Kennedy discuss the amendment.

Read, and by unanimous consent, ordered to be placed on the bottom of page 3 of the Calendar as item number 21A.

13B. (99-H 6128) (Substitute "A") An Act relating to taxation.

Committee on Finance recommends indefinite postponement of the original bill and passage of Substitute "A".

The bill marked Substitute cc read and passed, and the original bill indefinitely postponed, on motion of Representative Fox, seconded by Representatives Martineau, Menard, Giannini, Carter, Russo, Pisaturo and Moura, on a roll call vote, 79 members voting in the affirmative and 2 members voting in the negative as follows:

YEAS - 79: Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Anderson, M., Anderson, S., Barr, Benoit, Benson, Bramley, Burlingame, Callahan, Carpenter, Carroll, Carter, Cicilline, Coderre, Coelho, Corvese, Costantino, Crowley, DeSimone, Faria, Fleury, Fox, Garabedian, Garvey, George, Giannini, Ginaitt, Henseler, Hogan, Inman, Iwuc, Jacquard, Kelley, Kelso, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, C., i-evesque, G., Lewiss, Long, Maher, Malik, Martineau, McCauley, McNamara, Menard, Montanaro, Moura, Munschy, Murphy, Naughton, Falangio, Picard, Fires, Fisaturo, Quick, Reilly, Rose, Russo, San Bento, Schadone, Sherlock, Simonian, Slater, Smith, Sullivan, Thompson, Vieira, Voccola, Wasylyk, Williams, Williamson, Winfield.

NAYS - 2: Representatives Amaral, Watson.

13C. (99-H 5959) (Substitute "A") An Act relating to human services - abused and neglected children.

Committee on Judiciary recommends indefinite postponement of the original bill and passage of Substitute "A".

Representative Williamson moves passage of the act, seconded by Representatives Martineau and Menard.

By unanimous consent, Representative Inman, seconded by Representatives Martineau, Menard and Ajello, offers the following written motion to amend:

Mr. Speaker:

I hereby move to amend 99 -- H 5466 SUBSTITUTE A, entitled "AN ACT RELATING TO ELECTRONIC COMMERCE SECURITY", as follows:

By deleting all of the language following the enactment clause and inserting in place thereof the following:

"SECTION 1. Title 6 of the General Laws entitled "Commercial Law -- General Regulatory Provisions" is hereby amended by adding thereto the following chapter:

CHAPTER 47

THE RHODE ISLAND ELECTRONIC COMMERCE SECURITY ACT

6-47-1. Short title. -- This chapter shall be known and may be cited as the Rhode Island Electronic Commerce Security Act of 1999.

6-47-2. Definitions. -- When used in this chapter:

(1) 'Electronic' means without limitation, analog, digital, electronic, magnetic, mechanical, optical, chemical, electromagnetic, electromechanical, electrochemical, or other similar means.

(2) 'Electronic record' means information created, transmitted, received, or stored by electronic means and retrievable in human perceivable form.

(3) 'Electronic signature' means a signature created, transmitted, received, or stored by electronic means and includes but is not limited to a secure electronic signature.

(4) 'Person' means a natural person, corporation, trust, partnership, incorporated or unincorporated association, or any other legal entity, and also includes any department, agency, authority, or instrumentality of the state or its political subdivisions.

(5) 'Record' means information created, transmitted, received, or stored either in human perceivable form or in a form that is retrievable in human perceivable form.

(6) 'Secure electronic signature' means an electronic or digital method executed or adopted by a party with the intent to be bound by or to authenticate a record, which is unique to the person using it, is capable of verification, is under the sole control of the person using it, and is linked to data in such a manner that if the data are changed the electronic signature is invalidated.

(7) 'Signature' means any symbol or method that a person causes to be attached to or logically associated with a record with the intent to sign such record.

6-47-3. Purpose. -- Rules of construction. -- (a) Records and signatures shall not be denied legal effect or validity solely on the grounds that they are electronic.

(b) In any legal proceeding, an electronic record or electronic signature shall not be inadmissible as evidence solely on the basis that it is electronic.

(c) When a rule of law requires a writing, an electronic record satisfies that rule of law.

(d) When a rule of law requires a signature, an electronic signature satisfies that rule of law.

(e) When a rule of law requires an original record or signature, an electronic record or electronic signature shall satisfy such rule of law.

(f) Nothing in this section shall prevent a party from contesting an electronic record or signature on the basis of fraud.

(g) Nothing in this section shall relieve any party to a legal proceeding from complying with applicable rules of evidence requiring authentication or identification of a record or signature as a condition precedent to its admission into evidence.

(h) Notwithstanding the preceding subsections of this section, the legal validity, effect, and admissibility of electronic records and electronic signature shall be limited as follows:

(1) Each department, agency, authority, or instrumentality of the state or its political subdivisions shall determine how and the extent to which it will create, send, receive, store, recognize, accept, be bound by, or otherwise use electronic records or electronic signatures. Nothing in this chapter shall be construed to require any department, agency, authority, or instrumentality of the state or its political subdivisions to create, send, receive, store, recognize, accept, be bound by, or otherwise use electronic records or electronic signatures; and

(2) A consumer shall not be required to create, send, receive, recognize, accept, be bound by, or otherwise use electronic records or electronic signatures without such consumer's consent, either electronically or otherwise. This paragraph shall apply to natural persons when engaged in transactions involving money, property, or services primarily used for household purposes.

(i) Any rule of law which requires a notary shall be deemed satisfied by the secure electronic signature of such notary.

SECTION 2. This act shall take effect upon passage."

` Respectfully submitted,

REPRESENTATIVE NAUGHTON
Representative, District 32

The motion to amend is read and prevails on a roll call vote, 86 members voting in the affirmative and 0 members voting in the negative as follows:

YEAS - 86: Representatives Abdullah-Odiase, Aiken, Ajello, Almeida, Amaral, Anderson, M., Anderson, S., Barr, Benoit, Benson, Bramley, Burlingame, Callahan, Carpenter, Carroll, Carter, Cicilline, Coderre, Coelho, Corvese, Costantino, DeSimone, Faria, Farrell, Ferguson, Flaherty, Fleury, Fox, Garabedian, Garvey, George, Giannini, Ginaitt, Gorham, Henseler, Hogan, Inman, Iwuc, Kelley, Kelso, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, C., Levesque, G., Lewiss, Lima, Long, Lopes, Maher, Malik, Martineau, McCauley, McNamara, Menard, Montanaro, Mumford, Munschy, Murphy, Naughton, Falangio, Falumbo, Ficard, Fires, Fisaturo, Quick, Reilly, Rose, Russo, San Bento, Schadone, Scott, Shavers, Sherlock, Simonian, Slater, Smith, Sullivan, Thompson, Vieira, Wasylyk, Watson, Williams, Winfield.

NAYS -0.

The bill marked Substitute cc read and passed, as amended, and the original bill indefinitely postponed, on a roll call vote, 84 members voting in the aflirmative and 0 members voting in the negative as follows:

YEAS - 84: Representatives Abdullah-Odiase, Aiken, Ajello, Amaral, Anderson, M., Anderson, S., Barr, Benoit, Bramley, Burlingame, Callahan, Carpenter, Carroll, Carter, Coderre, Corvese, Costantino, Dennigan, DeSimone, Faria, Farrell, Ferguson, Flaherty, Fleury, Fox, George, Giannini, Ginaitt, Gorham, Henseler, Hogan, Inman, Iwuc, Kelley, Kelso, Kennedy, Kilmartin, Knickle, Lally, Lanzi, Levesque, C., Levesque, G., Lewiss, Lima, Long, Lopes, Maher, Malik, Martineau, McCauley, McNamara, Menard, Montanaro, Moura, Mumford, Munschy, Murphy, Naughton, Falangio, Falumbo, Picard, Fires, Fisaturo, Quick, Reilly, Rose, Russo, San Bento, Schadone, Scott, Shavers, Sherlock, Simonian, Slater, Smith, Sullivan, Thompson, Vieira, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS -0.

18. (99-H5538) An Act relating to motor and other vehicles - operators' and chauffeurs' licenses.

Committee on Special Legislation recommends passage.

Read, and by unanimous consent, ordered to be placed on the Calendar for Tuesday, May 18, 1999.



19. (99-H5853) An Act relating to businesses and professions- "nurse anesthetists".

Committee on Health, Education and Welfare recommends passage.

Representative Dennigan moves passage of the act, seconded by Representatives Martineau, Menard, Benson, Benoit and Ginaitt.

By unanimous consent, Representative Dennigan, seconded by Representatives Martineau, Benson, Shavers and Slater, offers the following written motion to amend: