210 R.I. Code R. 210-RICR-10-05-1.2

Current through December 3, 2024
Section 210-RICR-10-05-1.2 - Legal Authority
A. 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