Title 5
Businesses and Professions

Chapter 37.7
Rhode Island Health Information Exchange Act of 2008

§ 5-37.7-3. Definitions.

As used in this chapter:

(1) “Authorized representative” means:

(i) A person empowered by the patient to assert or to waive confidentiality, or to disclose or authorize the disclosure of confidential information, as established by this chapter. That person is not, except by explicit authorization, empowered to waive confidentiality or to disclose or consent to the disclosure of confidential information; or

(ii) A person appointed by the patient to make healthcare decisions on his or her behalf through a valid durable power of attorney for health care as set forth in § 23-4.10-2; or

(iii) A guardian or conservator, with authority to make healthcare decisions, if the patient is decisionally impaired; or

(iv) Another legally appropriate medical decision maker temporarily if the patient is decisionally impaired and no healthcare agent, guardian, or conservator is available; or

(v) If the patient is deceased, his or her personal representative or, in the absence of that representative, his or her heirs-at-law; or

(vi) A parent with the authority to make healthcare decisions for the parent’s child; or

(vii) A person authorized by the patient or his or her authorized representative to access their confidential healthcare information from the HIE, including family members or other proxies as designated by the patient, to assist the patient with the coordination of their care.

(2) “Business associate” means a business associate as defined by HIPAA.

(3) “Confidential healthcare information” means all information relating to a patient’s healthcare history, diagnosis, condition, treatment, or evaluation.

(4) “Coordination of care” means the process of coordinating, planning, monitoring, and/or sharing information relating to, and assessing a care plan for, treatment of a patient.

(5) “Data-submitting partner” means an individual, organization, or entity who or that has entered into a business associate agreement with the RHIO and submits a patient’s confidential healthcare information through the HIE.

(6) “Department of health” means the Rhode Island department of health.

(7) “Disclosure report” means a report generated by the HIE relating to the record of access to, review of, and/or disclosure of a patient’s confidential healthcare information received, accessed, or held by the HIE.

(8) “Electronic mobilization” means the capability to move confidential health information electronically between disparate healthcare information systems while maintaining the accuracy of the information being exchanged.

(9) “Emergency” means the sudden onset of a medical, mental, or substance use, or other condition manifesting itself by acute symptoms of severity (e.g., severe pain) where the absence of medical attention could reasonably be expected, by a prudent layperson, to result in placing the patient’s health in serious jeopardy, serious impairment to bodily or mental functions, or serious dysfunction of any bodily organ or part.

(10) “Healthcare provider” means any person or entity licensed by this state to provide or lawfully providing healthcare services, including, but not limited to, a physician, hospital, intermediate-care facility or other healthcare facility, dentist, nurse, optometrist, podiatrist, physical therapist, psychiatric social worker, pharmacist, or psychologist, and any officer, employee, or agent of that provider acting in the course and scope of his or her employment or agency related to or supportive of healthcare services.

(11) “Healthcare services” means acts of diagnosis, treatment, medical evaluation, referral, or counseling, or any other acts that may be permissible under the healthcare licensing statutes of this state.

(12) “Health Information Exchange” or “HIE” means the technical system operated, or to be operated, by the RHIO under state authority allowing for the statewide electronic mobilization of confidential healthcare information, pursuant to this chapter.

(13) “Health plan” means an individual plan or a group plan that provides, or pays the cost of, healthcare services for a patient.

(14) “HIE Advisory Commission” means the advisory body established by the department of health in order to provide community input and policy recommendations regarding the use of the confidential healthcare information of the HIE.

(15) “HIPAA” means the Health Insurance Portability and Accountability Act of 1996, as amended.

(16) “Opt out” means the ability of a patient to choose to not have their confidential healthcare information disclosed from HIE in accordance with § 5-37.7-7.

(17) “Patient” means a person who receives healthcare services from a provider participant.

(18) “Provider participant” means a pharmacy, laboratory, healthcare provider, or health plan who or that is providing healthcare services or pays for the cost of healthcare services for a patient and/or is submitting and/or accessing healthcare information through the HIE and has executed an electronic and/or written agreement regarding disclosure, access, receipt, retention, or release of confidential healthcare information from the HIE.

(19) “Regional health information organization” or “RHIO” means the organization designated as the RHIO by the state to provide administrative and operational support to the HIE.