Rhode Island’s Consent Model
Posted by: cio67
With regard to gathering health care data, the law requires that patients and health care providers shall have the choice to participate in currentcare. In other words, Rhode Island requires opt-in before a patient and a health care provider participates. The opt-in by both the provider and the patient is required before the patient’s confidential health data can flow into currentcare.
With regard to disclosure of the health care data, the law provides that a patient participant’s confidential health care information shall not be accessed, released or transferred from currentcare without the electronic, written or other authorization of the patient or his or her authorized representative, except
- To a health care provider who believes, in good faith, that the information is necessary for diagnosis or treatment of that individual in an emergency;
- To public health authorities in order to carry out their functions;
- To RIQI in order for it to effectuate the operation and administrative oversight of currentcare.
The law provides for RIQI, as the RHIO, to prescribe the content of the form which grants access to, or disclosure of confidential health care information from currentcare. With regard to patients, RIQI enables each patient to select one of three levels of consent:
- Authorization of all health care providers who are treating the patient or are involved in the coordination of their health care and are current or future participants in the RI HIE.
- Authorization of named healthcare provider organizations.
- Authorization of healthcare providers that may care for the patient in emergencies or other unscheduled visits to access his or her health information through currentcare on a temporary basis.
As mentioned previously, health care providers must also opt-in to order to participate in currentcare. This means that each provider agrees to become a Data Sharing Partner (DSP) prior to allowing data flow into currentcare.
The intent of Rhode Island’s opt-in consent model is to protect patients’ rights to privacy while enabling their health care providers to access the information they need to know conveniently, quickly and affordably.
In the next several postings I will discuss the implications of Rhode Island’s opt-in model in terms of the technical design of currentcare and the operational impact on RIQI.
