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S2852
2026 -- S 2852
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LC005316
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
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A N A C T
RELATING TO BUSINESSES AND PROFESSIONS -- CONFIDENTIALITY OF
HEALTHCARE COMMUNICATIONS AND INFORMATION ACT
Introduced By:
Senators Vargas, Urso, Lauria, Murray, Gu, and DiMario
Date Introduced:
March 04, 2026
Referred To:
Senate Health & Human Services
It is enacted by the General Assembly as follows:
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SECTION 1. Chapter 5-37.3 of the General Laws entitled "Confidentiality of Healthcare
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Communications and Information Act" is hereby amended by adding thereto the following section:
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5-37.3-13. Electronic transmission of medical notes and records.
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(a) A healthcare provider shall, upon the written request of a patient or the patient’s
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authorized representative, furnish medical notes or other medical records in any readily producible
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form or format consistent with state and federal law.
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(b) Permissible formats shall include, but not be limited to, paper copies, facsimile
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transmission, secure electronic transmission, patient portal access, and electronic mail.
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(c) A provider may transmit a medical note or medical record by electronic mail, including
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unencrypted email, when:
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(1) The patient provides a written authorization identifying the specific email address for
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delivery;
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(2) The authorization acknowledges the potential privacy and security risks of email
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transmission; and
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(3) The patient consents to receive the information by email despite such risks.
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(d) The provider shall retain the patient’s authorization in the medical record.
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(e) A provider shall not be required to transmit records by email if unable to do so in a
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manner consistent with applicable federal law; provided an alternative lawful method is offered.
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(f) Nothing in this section shall be construed to limit rights under HIPAA or to require
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encryption where a patient has expressly requested unencrypted email and acknowledged the risks.
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(g) The department of health shall promulgate rules, regulations, or guidance, including
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model authorization forms, to implement this section.
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SECTION 2. This act shall take effect upon passage.
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO BUSINESSES AND PROFESSIONS -- CONFIDENTIALITY OF
HEALTHCARE COMMUNICATIONS AND INFORMATION ACT
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This act would allow patients to authorize providers to email medical notes or records,
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require written consent acknowledging risks, and ensure compliance with HIPAA while expanding
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delivery options beyond fax or in-person pickup.
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This act would take effect upon passage.
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