AN ACT RELATING TO BUSINESSES AND PROFESSIONS -- CONFIDENTIALITY OF HEALTH CARE COMMUNICATIONS AND INFORMATION ACT (Amends provisions relative to confidentiality of health care communications and the process for requesting records and/or confidential health care information.)

S2867

2026 -- S 2867
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LC005696
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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 HEALTH
CARE COMMUNICATIONS AND INFORMATION ACT

Introduced By:
Senator Melissa A. Murray

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. Section 5-37.3-4 of the General Laws in Chapter 5-37.3 entitled
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"Confidentiality of Health Care Communications and Information Act" is hereby amended to read
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as follows:
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5-37.3-4. Limitations on and permitted disclosures.
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(a)(1) Except as provided in subsection (b), or as specifically provided by the law, a
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patient’s confidential healthcare information shall not be released or transferred without the written
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consent of the patient, or his or her authorized representative, on a consent form meeting the
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requirements of subsection (d). A copy of any notice used pursuant to subsection (d) and of any
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signed consent shall, upon request, be provided to the patient prior to his or her signing a consent
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form. Any and all managed care entities and managed care contractors writing policies in the state
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shall be prohibited from providing any information related to enrollees that is personal in nature
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and could reasonably lead to identification of an individual and is not essential for the compilation
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of statistical data related to enrollees, to any international, national, regional, or local medical-
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information database. This provision shall not restrict or prohibit the transfer of information to the
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department of health to carry out its statutory duties and responsibilities.
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(2) Any person who violates the provisions of this section may be liable for actual and
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punitive damages.
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(3) The court may award a reasonable attorney’s fee at its discretion to the prevailing party

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in any civil action under this section.
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(4) Any person who knowingly and intentionally violates the provisions of this section
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shall, upon conviction, be fined not more than five thousand ($5,000) dollars for each violation, or
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imprisoned not more than six (6) months for each violation, or both.
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(5) Any contract or agreement that purports to waive the provisions of this section shall be
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declared null and void as against public policy.
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(b) No consent for release or transfer of confidential healthcare information shall be
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required in the following situations:
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(1) To a physician, dentist, or other medical personnel who believes, in good faith, that the
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information is necessary for diagnosis or treatment of that individual in a medical or dental
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emergency;
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(2) To medical and dental peer-review boards, or the board of medical licensure and
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discipline, or board of examiners in dentistry;
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(3) To qualified personnel for the purpose of conducting scientific research, management
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audits, financial audits, program evaluations, actuarial, insurance underwriting, or similar studies;
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provided, that personnel shall not identify, directly or indirectly, any individual patient in any report
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of that research, audit, or evaluation, or otherwise disclose patient identities in any manner;
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(4)(i) By a healthcare provider to appropriate law enforcement personnel, or to a person if
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the healthcare provider believes that person, or his or her family, is in danger from a patient; or to
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appropriate law enforcement personnel if the patient has, or is attempting to obtain, narcotic drugs
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from the healthcare provider illegally; or to appropriate law enforcement personnel, or appropriate
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child-protective agencies, if the patient is a minor child or the parent or guardian of said child and/or
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the healthcare provider believes, after providing healthcare services to the patient, that the child is,
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or has been, physically, psychologically, or sexually abused and neglected as reportable pursuant
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to § 40-11-3; or to appropriate law enforcement personnel or the office of healthy aging if the
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patient is an elder person and the healthcare provider believes, after providing healthcare services
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to the patient, that the elder person is, or has been, abused, neglected, or exploited as reportable
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pursuant to § 42-66-8;
to report allegations of abuse, neglect, mistreatment, exploitation, death or
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violation of rights to the department of behavioral healthcare, developmental disabilities and
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hospitals (BHDDH), or to produce records to BHDDH when BHDDH makes a written demand for
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records to a BHDDH-licensed organization, and/or to a facility or program subject to chapter 5 of
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title 40.1 ("mental health law"), pursuant to either chapter 5, 24, 24.5, 26 or 27 of title 40.1 for any
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of the organization's or client's or patient's records;
or to law enforcement personnel in the case of
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a gunshot wound reportable under § 11-47-48, or to patient emergency contacts and certified peer

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recovery specialists notified in the case of an opioid overdose reportable under § 23-17.26-3;
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(ii) A healthcare provider may disclose protected health information in response to a law
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enforcement official’s request for such information for the purpose of identifying or locating a
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suspect, fugitive, material witness, or missing person, provided that the healthcare provider may
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disclose only the following information:
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(A) Name and address;
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(B) Date and place of birth;
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(C) Social security number;
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(D) ABO blood type and RH factor;
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(E) Type of injury;
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(F) Date and time of treatment;
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(G) Date and time of death, if applicable; and
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(H) A description of distinguishing physical characteristics, including height, weight,
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gender, race, hair and eye color, presence or absence of facial hair (beard or moustache), scars, and
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tattoos.
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(I) Except as permitted by this subsection, the healthcare provider may not disclose for the
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purposes of identification or location under this subsection any protected health information related
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to the patient’s DNA or DNA analysis, dental records, or typing, samples, or analysis of body fluids
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or tissue;
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(iii) A healthcare provider may disclose protected health information in response to a law
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enforcement official’s request for such information about a patient who is, or is suspected to be, a
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victim of a crime, other than disclosures that are subject to subsection (b)(4)(vii), if:
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(A) The patient agrees to the disclosure; or
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(B) The healthcare provider is unable to obtain the patient’s agreement because of
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incapacity or other emergency circumstances provided that:
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(1) The law enforcement official represents that the information is needed to determine
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whether a violation of law by a person other than the victim has occurred, and such information is
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not intended to be used against the victim;
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(2) The law enforcement official represents that immediate law enforcement activity that
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depends upon the disclosure would be materially and adversely affected by waiting until the patient
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is able to agree to the disclosure; and
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(3) The disclosure is in the best interests of the patient as determined by the healthcare
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provider in the exercise of professional judgment;
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(iv) A healthcare provider may disclose protected health information about a patient who

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has died to a law enforcement official for the purpose of alerting law enforcement of the death of
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the patient if the healthcare provider has a suspicion that such death may have resulted from
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criminal conduct;
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(v) A healthcare provider may disclose to a law enforcement official protected health
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information that the healthcare provider believes in good faith constitutes evidence of criminal
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conduct that occurred on the premises of the healthcare provider;
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(vi)(A) A healthcare provider providing emergency health care in response to a medical
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emergency, other than such emergency on the premises of the covered healthcare provider, may
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disclose protected health information to a law enforcement official if such disclosure appears
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necessary to alert law enforcement to:
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(1) The commission and nature of a crime;
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(2) The location of such crime or of the victim(s) of such crime; and
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(3) The identity, description, and location of the perpetrator of such crime.
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(B) If a healthcare provider believes that the medical emergency described in subsection
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(b)(4)(vi)(A) is the result of abuse, neglect, or domestic violence of the individual in need of
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emergency health care, subsection (b)(4)(vi)(A) does not apply and any disclosure to a law
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enforcement official for law enforcement purposes is subject to subsection (b)(4)(vii);
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(vii)(A) Except for reports permitted by subsection (b)(4)(i), a healthcare provider may
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disclose protected health information about a patient the healthcare provider reasonably believes to
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be a victim of abuse, neglect, or domestic violence to law enforcement or a government authority,
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including a social-service or protective-services agency, authorized by law to receive reports of
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such abuse, neglect, or domestic violence:
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(1) To the extent the disclosure is required by law and the disclosure complies with, and is
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limited to, the relevant requirements of such law;
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(2) If the patient agrees to the disclosure; or
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(3) To the extent the disclosure is expressly authorized by statute or regulation and:
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(i) The healthcare provider, in the exercise of professional judgment, believes the
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disclosure is necessary to prevent serious harm to the patient or other potential victims; or
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(ii) If the patient is unable to agree because of incapacity, a law enforcement or other public
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official authorized to receive the report represents that the protected health information for which
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disclosure is sought is not intended to be used against the patient and that an immediate enforcement
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activity that depends upon the disclosure would be materially and adversely affected by waiting
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until the patient is able to agree to the disclosure.
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(B) A healthcare provider that makes a disclosure permitted by subsection (b)(4)(vii)(A)

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must promptly inform the patient that such a report has been, or will be, made, except if:
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(1) The healthcare facility, in the exercise of professional judgment, believes informing the
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patient would place the individual at risk of serious harm; or
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(2) The healthcare provider would be informing a personal representative, and the
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healthcare provider reasonably believes the personal representative is responsible for the abuse,
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neglect, or other injury, and that informing such person would not be in the best interests of the
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individual as determined by the covered entity in the exercise of professional judgment;
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(viii) The disclosures authorized by this subsection shall be limited to the minimum amount
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of information necessary to accomplish the intended purpose of the release of information;
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(ix) If any staff member of the department of behavioral healthcare, developmental
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disabilities and hospitals (BHDDH) who is authorized by its director makes a written demand for
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records pursuant to either chapter 5, 24, 24.5, 26 or 27 of title 40.1 for any of the organization's or
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client's or patient's records while BHDDH is investigating an alleged incident of abuse, neglect,
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mistreatment, exploitation, death, or other violation of rights of an individual who has received or
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is receiving services from either a facility or program subject to chapter 5 of title 40.1 ("mental
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health law") or an organization licensed by BHDDH, the records identified in such written demand
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for records shall be immediately produced to BHDDH; provided, however, that:
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(A) The BHDDH written demand for records shall include notice that BHDDH has opened
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an investigation with regard to abuse, neglect, mistreatment, exploitation, death, or violation of
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rights of a patient or client of the facility, program or organization, and the notice shall include the
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patient's or client's name if BHDDH is aware of the name.
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(B) If the recipient of the written demand for records fails to comply, BHDDH may file in
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the superior court a petition for writ of mandamus or similar petition for the records requested in
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the written demand for records.
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(C) For purposes of this section, BHDDH is designated as a health oversight agency as the
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term is used in 45 CFR § 164.512, and is designated as both a social-service agency and protective
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services agency as those terms are used in this section.
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(5) Between, or among, qualified personnel and healthcare providers within the healthcare
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system for purposes of coordination of healthcare services given to the patient and for purposes of
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education and training within the same healthcare facility;
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(6) To third-party health insurers, including to utilization review agents as provided by §
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23-17.12-9(c)(4), third-party administrators licensed pursuant to chapter 20.7 of title 27, and other
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entities that provide operational support to adjudicate health insurance claims or administer health
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benefits;

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(7) To a malpractice insurance carrier or lawyer if the healthcare provider has reason to
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anticipate a medical-liability action;
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(8)(i) To the healthcare provider’s own lawyer or medical-liability insurance carrier if the
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patient whose information is at issue brings a medical-liability action against a healthcare provider.
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(ii) Disclosure by a healthcare provider of a patient’s healthcare information that is relevant
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to a civil action brought by the patient against any person or persons other than that healthcare
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provider may occur only under the discovery methods provided by the applicable rules of civil
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procedure (federal or state). This disclosure shall not be through ex parte contacts and not through
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informal ex parte contacts with the provider by persons other than the patient or his or her legal
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representative.
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Nothing in this section shall limit the right of a patient, or his or her attorney, to consult
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with that patient’s own physician and to obtain that patient’s own healthcare information;
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(9) To public-health authorities in order to carry out their functions as described in this title
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and titles 21 and 23 and rules promulgated under those titles. These functions include, but are not
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restricted to, investigations into the causes of disease, the control of public-health hazards,
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enforcement of sanitary laws, investigation of reportable diseases, certification and licensure of
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health professionals and facilities, review of health care such as that required by the federal
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government and other governmental agencies;
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(10) To the state medical examiner in the event of a fatality that comes under his or her
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jurisdiction;
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(11) In relation to information that is directly related to a current claim for workers’
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compensation benefits or to any proceeding before the workers’ compensation commission or
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before any court proceeding relating to workers’ compensation;
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(12) To the attorneys for a healthcare provider whenever that provider considers that
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release of information to be necessary in order to receive adequate legal representation;
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(13) By a healthcare provider to appropriate school authorities of disease, health screening,
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and/or immunization information required by the school; or when a school-age child transfers from
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one school or school district to another school or school district;
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(14) To a law enforcement authority to protect the legal interest of an insurance institution,
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agent, or insurance-support organization in preventing and prosecuting the perpetration of fraud
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upon them;
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(15) To a grand jury, or to a court of competent jurisdiction, pursuant to a subpoena or
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subpoena duces tecum when that information is required for the investigation or prosecution of
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criminal wrongdoing by a healthcare provider relating to his, her or its provisions of healthcare

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services and that information is unavailable from any other source; provided, that any information
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so obtained, is not admissible in any criminal proceeding against the patient to whom that
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information pertains;
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(16) To the state board of elections pursuant to a subpoena or subpoena duces tecum when
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that information is required to determine the eligibility of a person to vote by mail ballot and/or the
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legitimacy of a certification by a physician attesting to a voter’s illness or disability;
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(17) To certify, pursuant to chapter 20 of title 17, the nature and permanency of a person’s
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illness or disability, the date when that person was last examined and that it would be an undue
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hardship for the person to vote at the polls so that the person may obtain a mail ballot;
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(18) To the central cancer registry;
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(19) To the Medicaid fraud control unit of the attorney general’s office for the investigation
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or prosecution of criminal or civil wrongdoing by a healthcare provider relating to his, her, or its
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provision of healthcare services to then-Medicaid-eligible recipients or patients, residents, or
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former patients or residents of long-term residential-care facilities; provided, that any information
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obtained shall not be admissible in any criminal proceeding against the patient to whom that
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information pertains;
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(20) To the state department of children, youth and families pertaining to the disclosure of
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healthcare records of children in the custody of the department;
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(21) To the foster parent, or parents, pertaining to the disclosure of healthcare records of
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children in the custody of the foster parent, or parents; provided, that the foster parent or parents
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receive appropriate training and have ongoing availability of supervisory assistance in the use of
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sensitive information that may be the source of distress to these children;
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(22) A hospital may release the fact of a patient’s admission and a general description of a
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patient’s condition to persons representing themselves as relatives or friends of the patient or as a
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representative of the news media. The access to confidential healthcare information to persons in
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accredited educational programs under appropriate provider supervision shall not be deemed
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subject to release or transfer of that information under subsection (a);
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(23) To the workers’ compensation fraud prevention unit for purposes of investigation
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under §§ 42-16.1-12 — 42-16.1-16. The release or transfer of confidential healthcare information
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under any of the above exceptions is not the basis for any legal liability, civil or criminal, nor
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considered a violation of this chapter; or
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(24) To a probate court of competent jurisdiction, petitioner, respondent, and/or their
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attorneys, when the information is contained within a decision-making assessment tool that
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conforms to the provisions of § 33-15-47.

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(c) Third parties receiving, and retaining, a patient’s confidential healthcare information
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must establish at least the following security procedures:
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(1) Limit authorized access to personally identifiable confidential healthcare information
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to persons having a “need to know” that information; additional employees or agents may have
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access to that information that does not contain information from which an individual can be
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identified;
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(2) Identify an individual, or individuals, who have responsibility for maintaining security
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procedures for confidential healthcare information;
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(3) Provide a written statement to each employee or agent as to the necessity of maintaining
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the security and confidentiality of confidential healthcare information, and of the penalties provided
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for in this chapter for the unauthorized release, use, or disclosure of this information. The receipt
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of that statement shall be acknowledged by the employee or agent, who signs and returns the
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statement to his or her employer or principal, who retains the signed original. The employee or
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agent shall be furnished with a copy of the signed statement; and
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(4) Take no disciplinary or punitive action against any employee or agent solely for
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bringing evidence of violation of this chapter to the attention of any person.
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(d) Consent forms for the release or transfer of confidential healthcare information shall
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contain, or in the course of an application or claim for insurance be accompanied by a notice
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containing, the following information in a clear and conspicuous manner:
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(1) A statement of the need for and proposed uses of that information;
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(2) A statement that all information is to be released or clearly indicating the extent of the
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information to be released; and
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(3) A statement that the consent for release or transfer of information may be withdrawn at
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any future time and is subject to revocation, except where an authorization is executed in connection
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with an application for a life or health insurance policy in which case the authorization expires two
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(2) years from the issue date of the insurance policy, and when signed in connection with a claim
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for benefits under any insurance policy, the authorization shall be valid during the pendency of that
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claim. Any revocation shall be transmitted in writing.
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(e) Except as specifically provided by law, an individual’s confidential healthcare
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information shall not be given, sold, transferred, or in any way relayed to any other person not
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specified in the consent form or notice meeting the requirements of subsection (d) without first
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obtaining the individual’s additional written consent on a form stating the need for the proposed
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new use of this information or the need for its transfer to another person.
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(f) Nothing contained in this chapter shall be construed to limit the permitted disclosure of

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confidential healthcare information and communications described in subsection (b).
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SECTION 2. This act shall take effect upon passage.
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LC005696
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO BUSINESSES AND PROFESSIONS -- CONFIDENTIALITY OF HEALTH
CARE COMMUNICATIONS AND INFORMATION ACT
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This act would amend provisions relative to confidentiality of health care communications
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and the process for requesting records and/or confidential health care information allowing report
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of allegations of abuse, neglect mistreatment, exploitation, death or violation of rights and the
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production of records related thereto upon written demand from the department of behavioral
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healthcare, developmental disabilities and hospitals (BHDDH).
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This act would take effect upon passage.
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LC005696
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