R 399 |
2019 -- S 0580 SUBSTITUTE A Enacted 06/26/2019 |
S E N A T E R E S O L U T I O N |
RESPECTFULLY REQUESTING THE RHODE ISLAND DEPARTMENT OF HEALTH TO DEVELOP AND PROMULGATE RULES AND REGULATIONS TO ENSURE THE CONFIDENTIAL COMMUNICATION OF SENSITIVE MEDICAL INFORMATION |
Introduced By: Senators Goldin, and Miller |
Date Introduced: March 14, 2019 |
WHEREAS, Confidentiality of personal medical information is integral to a patient's |
health and to the provider-patient relationship; and |
WHEREAS, Patient confidentiality has been raised as a serious concern in the context of |
third-party billing for sensitive medical screenings and treatments; and |
WHEREAS, Despite patient privacy protections in place at the state and federal level, |
separate billing requirements and common health insurance practices may put the confidentiality |
of patient information at risk when sensitive medical services are billed to a private insurer or |
Medicaid; and |
WHEREAS, The confidentiality of patient information may be exposed due to third- |
party payers sending an Explanation of Benefits (EOB), which details medical services received |
by a patient, or other types of communications, to the primary policyholder instead of the |
dependent who received the care; and |
WHEREAS, A dependent's information may be at risk without their knowledge or |
consent; and |
WHEREAS, Minors who are accessing services to which, by law, they can consent to |
independently, as well as young adults and adults that are on their spouses’ health insurance plan |
are greatly affected by this issue; and |
WHEREAS, The Affordable Care Act allows dependents to stay on their parents' medical |
insurance coverage until age twenty-six; and |
WHEREAS, Patients may delay or completely avoid getting sensitive medical screenings |
or treatments, for fear of their medical information being exposed, which could put them and |
others at risk; and |
WHEREAS, Patients may delay or completely avoid getting mental health care because |
the policyholder might find out; and |
WHEREAS, Patients that are victims of domestic violence may not seek treatment for |
their injuries because they may be at risk of experiencing retaliatory violence if their abuser |
receives a communication regarding their private medical information, such as an Explanation of |
Benefits; and |
WHEREAS, Thirteen states have provisions that serve to protect the confidentiality of |
individuals insured as dependents; and |
WHEREAS, Developing procedures and protocols to protect patient confidentiality and |
educating providers and patients about how to protect patient confidentiality could improve |
patient privacy and decrease the risk of exposing sensitive medical information without a |
patient’s knowledge or consent; now, therefore be it |
RESOLVED, That this Senate of the State of Rhode Island and Providence Plantations |
hereby respectfully requests the Rhode Island Department of Health to develop and promulgate |
rules and regulations to ensure the confidential communication of sensitive medical information; |
and be it further |
RESOLVED, That the Rhode Island Department of Health may consult with the other |
state agencies to implement said regulations, as necessary, including, but not limited to, the |
Office of the Health Insurance Commissioner and The Office of the Attorney General; and be it |
further |
RESOLVED, That this Senate hereby requests the Rhode Island Department of Health to |
finalize these rules and regulations and notify the Rhode Island Senate Committee on Health and |
Human Services of these rules and regulations on or before January 2, 2020; and be it further |
RESOLVED, That the Secretary of State be and hereby is authorized and directed to |
transmit duly certified copies of this resolution to the Honorable Gina Raimondo, Governor of the |
State of Rhode Island, Nicole Alexander-Scott, MD, MPH, Director of the Rhode Island |
Department of Health, Marie L. Ganim, PhD, Health Insurance Commissioner, and the Honorable |
Peter Neronha, Rhode Island Attorney General. |
======== |
LC002063/SUB A |
======== |