§ 5-37.7-4 Participation in the health information exchange.
(a) There shall be established a statewide HIE under state authority to allow for the electronic mobilization of confidential health care information in Rhode Island. Confidential health care information may only be accessed, released, or transferred from the HIE in accordance with this chapter.
(b) The state of Rhode Island has an interest in encouraging participation in the HIE by all interested parties, including, but not limited to, health care providers, patients, health plans, entities submitting information to the HIE, entities obtaining information from the HIE, and the RHIO. The Rhode Island department of health is also considered a participant for public health purposes.
(c) Patients and health care providers shall have the choice to participate in the HIE, as defined by regulations in accordance with § 5-37.7-3; provided, however, that provider participants must continue to maintain their own medical record meeting the documentation and other standards imposed by otherwise applicable law.
(d) Participation in the HIE shall have no impact on the content of, or use or disclosure of, confidential health care information of patient participants that is held in locations other than the HIE. Nothing in this chapter shall be construed to limit, change, or otherwise affect entities' rights to exchange confidential health care information in accordance with other applicable laws.
(e) The state of Rhode Island hereby imposes on the HIE and the RHIO as a matter of state law, the obligation to maintain, and abide by the terms of, HIPAA complaint business associate agreements, including, without limitation, the obligations to use appropriate safeguards to prevent use or disclosure of confidential health care information in accordance with HIPAA and this chapter; not to use or disclose confidential health care information other than as permitted by HIPAA and this chapter; or to make any amendment to a confidential health care record that a provider participant so directs; and to respond to a request by a patient participant to make an amendment to the patient participant's confidential health care record.
(P.L. 2008, ch. 171, § 2; P.L. 2008, ch. 466, § 2; P.L. 2016, ch. 67, § 1; P.L. 2016, ch. 71, § 1.)