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§5-37.7-3  Definitions. –

Published: 2015

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Businesses and Professions

CHAPTER 5-37.7

Rhode Island Health Information Exchange Act of 2008

SECTION 5-37.7-3

   § 5-37.7-3  Definitions. –

As used in this chapter:

   (a) "Agency" means the Rhode Island department of health.

   (b) "Authorized representative" means:

   (1) A person empowered by the patient participant to assert

or to waive the 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

   (2) A person appointed by the patient participant to make

health care decisions on his or her behalf through a valid durable power of

attorney for health care as set forth in Rhode Island general laws §

23-4.10-2; or

   (3) A guardian or conservator, with authority to make health

care decisions, if the patient participant is decisionally impaired; or

   (4) Another legally appropriate medical decision maker

temporarily if the patient participant is decisionally impaired and no health

care agent, guardian or conservator is available; or

   (5) If the patient participant is deceased, his or her

personal representative or, in the absence of that representative, his or her

heirs-at-law; or

   (6) A parent with the authority to make health care decisions

for the parent's child.

   (c) "Authorization form" means the form described in §

5-37.7-7 of this chapter and by which a patient participant provides

authorization for the RHIO to allow access to, review of, and/or disclosure of

the patient participant's confidential health care information by electronic,

written or other means.

   (d) "Business associate" means a business associate as

defined by HIPAA.

   (e) "Confidential health care information" means all

information relating to a patient participant's health care history, diagnosis,

condition, treatment, or evaluation.

   (f) "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.

   (g) "Data submitting partner" means an individual,

organization or entity that has entered into a business associate agreement

with the RHIO and submits patient participants' confidential health care

information through the HIE.

   (h) "Department of health" means the Rhode Island department

of health.

   (i) "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 health care information received, accessed or held by the HIE.

   (j) "Electronic mobilization" means the capability to move

clinical information electronically between disparate health care information

systems while maintaining the accuracy of the information being exchanged.

   (k) "Emergency" means the sudden onset of a medical, mental

or substance abuse 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 lay person, 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.

   (l) "Health care provider" means any person or entity

licensed by this state to provide or lawfully providing health care services,

including, but not limited to, a physician, hospital, intermediate care

facility or other health care 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 health care services.

   (m) "Health care services" means acts of diagnosis,

treatment, medical evaluation, referral or counseling or any other acts that

may be permissible under the health care licensing statutes of this state.

   (n) "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 health care

information, pursuant to this chapter.

   (o) "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 health care

information of the HIE.

   (p) "HIPAA" means the health insurance portability and

accountability act of 1996, as amended.

   (q) "Participant" means a patient participant, a patient

participant's authorized representative, a provider participant, a data

submitting partner, the regional health information organization and the

department of health, that has agreed to authorize, submit, access and/or

disclose confidential health care information via the HIE in accordance with

this chapter.

   (r) "Participation" means a patient participant's

authorization, submission, access and/or disclosure of confidential health care

information via the HIE in accordance with this chapter.

   (s) "Patient participant" means a person who receives health

care services from a provider participant and has agreed to participate in the

HIE through the mechanisms established in this chapter.

   (t) "Provider participant" means a pharmacy, laboratory or

health care provider who is providing health care services to a patient

participant and/or is submitting or accessing health care information through

the HIE and has executed an electronic and/or written agreement regarding

disclosure, access, receipt, retention or release of confidential health care

information to the HIE;

   (u) "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.

History of Section.

(P.L. 2008, ch. 171, § 2; P.L. 2008, ch. 466, § 2.)