Current through December 3, 2024
Section 210-RICR-10-05-1.2 - Legal AuthorityA. These rules are promulgated pursuant to the authority set forth in R.I. Gen. Laws Chapter 40-8 ("Medical Assistance") and various sections in the State's General Laws including: §§5-37.3-4-1 et seq. ("Confidentiality of Health Care Communications and Information Act"); 23-5-9 ("Upon Death, Reports of Infectious Disease"); Chapter 40-6 ("Public Assistance Act"); §§40-6-12 ("Records as to Assistance"); and 42-72-8 ("Confidentiality of Records, Department of Children, Youth, and Families").B. Additional authority is derived from Title XIX of the Social Security Act; the State's Medicaid State Plan; and the Rhode Island Comprehensive Section 1115 D emonstration, as approved in final form on February 25, 2014, and as subsequently amended.C. Additional confidentiality provisions exist for Medicaid beneficiaries who are receiving treatment for HIV/AIDS and mental health/substance use. These provisions are contained in State law, in substantive part, as follows: R.I. Gen. Laws §§ 23-1.10-13 ("Confidentiality of records -Availability for Research, Health and Safety"); 23-6.3-7 ("Confidentiality, Prevention and Suppression of Contagious Diseases - HIV/AIDS"); 23-6.3-8 ("Protection of Records, Prevention and Suppression of Contagious Diseases - HIV/AIDS"); 23-28.36-3 ("Notification of Fire Fighters, Police Officers and Emergency Medical Technicians After Exposure to Infectious Diseases"); 40.1-5-5 ("Admission of Patients Generally, Rights of Patients, Patients' Records, Competence of Patients - Mental Health Law"); and 40.1-5-26 ("Disclosure of Confidential Information and Records, Mental Health Law").D. Additional federal regulatory requirements related to confidentiality and protection of records are adopted by reference below.210 R.I. Code R. 210-RICR-10-05-1.2