Disclosure - R.I. Gen. Laws Ann. § 5-37.7-7

Patients or their representatives must authorize the Health Information Exchange (HIE) to access, release, or transfer of their confidential health care information with the exception of the following circumstances: (1) when a health care provider needs the confidential information to treat or diagnose an individual during an emergency situation; (2) when public health officials need the confidential information to carry out their statutory duties (e.g. disease investigations, sanitary law enforcement); or (3) when the Rhode Island Health Information Organization (RHIO) needs the information to operate and oversee the HIE.

The RHIO will establish requirements for the content of authorization forms. These forms must include, at minimum: (1) a statement regarding the need for confidential health care information and the potential uses of the information; (2) a statement that the individual may withdraw their authorization at any time; (3) notice that the patient is not required to participate in the HIE; and (4) notice that the patient may choose to fully participate in the HIE or limit their participation so that only certain providers may access their information.

Confidential health care information maintained by the HIE may not be subpoenaed unless: (1) the party that seeks the subpoena has already request and received the information from the original source of the information; and (2) a superior court has determined that the information sought is not reasonably available from another source and is relevant to the issue at hand or may reasonably lead to the discovery of admissible evidence.