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.)