§ 5-37.7-4 - Participation in the health information exchange.
SECTION 5-37.7-4
§ 5-37.7-4 Participation in the healthinformation exchange. – (a) There shall be established a statewide HIE under state authority to allowfor the electronic mobilization of confidential health care information inRhode 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 encouragingparticipation in the HIE by all interested parties, including, but not limitedto, health care providers, patients, entities submitting information to theHIE, entities obtaining information from the HIE and the RHIO. The Rhode Islanddepartment of health is also considered a participant for public healthpurposes.
(c) Patients and health care providers shall have the choiceto participate in the HIE, as defined by regulations in accordance with §5-37.7-3, provided, however, that provider participants must continue tomaintain their own medical record meeting the documentation and other standardsimposed by otherwise applicable law.
(d) Participation in the HIE shall have no impact on thecontent of or use or disclosure of confidential health care information ofpatient participants that is held in locations other than the HIE. Nothing inthis chapter shall be construed to limit, change or otherwise affect entities'rights to exchange confidential health care information in accordance withother applicable laws.
(e) The state of Rhode Island hereby imposes on the HIE andthe RHIO as a matter of state law, the obligation to maintain, and abide by theterms of, HIPAA complaint business associate agreements, including, withoutlimitation, the obligations to use appropriate safeguards to prevent use ordisclosure of confidential health care information in accordance with HIPAA andthis chapter, not to use or disclose confidential health care information otherthan as permitted by HIPAA and this chapter, or to make any amendment to aconfidential health care record that a provider participant so directs and torespond to a request by a patient participant to make an amendment to thepatient participant's confidential health care record.