Title 5
Businesses and Professions

Chapter 37.3
Confidentiality of Health Care Communications and Information Act

§ 5-37.3-12. Right to confidential communication of confidential healthcare information.

(a) As used in this section:

(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 healthcare information be communicated to him or her at a specific mail or email address or specific telephone number, as designated by the insured individual or authorized representative.

(2) “Confidential healthcare 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) “Healthcare 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 healthcare 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 healthcare information be communicated to the insured individual or authorized representative at a specific mail or email address or specific telephone number, as designated by the insured individual or authorized representative.

(2) A health insurer may require the insured individual or authorized representative 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 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. The health insurer shall acknowledge receipt of the confidential communications request and advise 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 healthcare 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 healthcare providers and healthcare staff are aware and understand the requirements outlined in this section;

(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) 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.