§ 5-37-22 - Disclosures.
SECTION 5-37-22
§ 5-37-22 Disclosures. – (a) Any physician who is not a participant in a medical insurance plan shallpost a notice, in a conspicuous place in his or her medical offices where itcan be read by his or her patients, which reads, in substance, as follows:
"To my patients:
I do not participate in a medical insurance plan. You shouldknow that you shall be responsible for the payment of my medical fees."
(2) Any physician who fails to post this notice shall not beentitled to charge his or her patients any amount for medical fees in excess ofthat allowed had the physician participated in a medical insurance plan.
(b) Every physician shall disclose to patients eligible forMedicare, in advance of treatment, whether the physician accepts assignmentunder Medicare reimbursement as payment in full for medical services and/ortreatment in the physician's office. This disclosure shall be given by postingin each physician's office, in a conspicuous place, a summary of thephysician's Medicare reimbursement policy. Any physician who fails to make thedisclosure as required in this section shall not be allowed to charge thepatient in excess of the Medicare assignment amount for the medical procedureperformed.
(c) When a patient requests, in writing, that his or hermedical records be transferred to another physician or medical practice group,the original physician or medical practice group shall promptly honor therequest. The physician or medical practice group shall be reimbursed forreasonable expenses (as defined by the director pursuant to § 23-1-48)incurred in connection with copying the medical records.
(d) Every physician or medical practice group shall, uponwritten request of any patient (or his or her authorized representative asdefined in § 5-37.3-3(1)) who has received health care services from thephysician or medical practice group, at the option of the physician or medicalpractice group either permit the patient (or his or her authorizedrepresentative) to examine and copy the patient's confidential health careinformation, or provide the patient (or his or her authorized representative) asummary of that information. If the physician or medical practice group decidesto provide a summary and the patient is not satisfied with a summary, then thepatient may request, and the physician or medical practice group shall provide,a copy of the entire record. At the time of the examination, copying orprovision of summary information, the physician or medical practice group shallbe reimbursed for reasonable expenses (as defined by the director pursuant to§ 23-1-48) in connection with copying this information. If, in theprofessional judgment of the treating physician, it would be injurious to themental or physical health of the patient to disclose certain confidentialhealth care information to the patient, the physician or medical practice groupshall not be required to disclose or provide a summary of that information tothe patient, but shall upon written request of the patient (or his or herauthorized representative) disclose that information to another physician ormedical practice group designated by the patient.
(e) Every physician who has ownership interest in healthfacilities or laboratories, including any health care facility licensedpursuant to chapter 17 of title 23, any residential care/assisted livingfacility licensed pursuant to chapter 17.4 of title 23, any adult day careprogram licensed or certified by the director of the department of elderlyaffairs, or any equipment not on the physician's premises, shall, in writing,make full patient disclosure of his or her ownership interest in the facilityor therapy prior to utilization. The written notice shall state that thepatient has free choice either to use the physician's proprietary facility ortherapy or to seek the needed medical services elsewhere.
(f) Every physician who makes a referral of a patient toreceive physical therapy services shall provide the notice required by thissection if the services are provided by employees or independent contractors ofthe physician or if the entity is one in which the physician has an ownershipinterest. Any such interest referenced in this paragraph shall be in accordancewith federal and state law, specifically including, but not limited to, RhodeIsland general laws chapter 5-48.1.
(g) Unless otherwise expressly stated in writing by themedical practice group, all medical records shall be the property of themedical practice group with which a physician is associated when that physiciancreated all such medical records. A medical practice group shall providepatients with access to patients' medical records in the same manner as isrequired of individual physicians under this chapter. To the extent a medicalpractice group fails to provide access to patients in accordance with therequirements of this chapter, the individual officers of the medical practicegroup (or in the absence of officers, the shareholders or owners of the medicalpractice group), in their capacities as licensees of the board, shall besubject to the disciplinary powers of the board.