TITLE 5

Businesses and Professions

CHAPTER 5-37.7

Rhode Island Health Information Exchange Act of 2008

SECTION 5-37.7-4



   § 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, 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.



History of Section.

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