§ 5-37.3-12. Right to confidential communication of confidential healthcare information.
(a) As used in this section:
(1) "Confidential communications request� means a request by a insured individual or authorized
representative covered under a health insurance policy that insurance communications
containing confidential healthcare information be communicated to him or her at a
specific mail or email address or specific telephone number, as designated by the
insured individual or authorized representative.
(2) "Confidential healthcare information� shall have the same meaning as set forth in
§ 5-37.3-3.
(3) "Health insurer� shall have the same meaning as "managed-care entity� as defined in
§ 5-37.3-3.
(4) "Healthcare providerâ€� shall have the same meaning as set forth in § 5-37.3-3.
(5) "Insured individual� means a covered individual under the policy and legally capable
of consenting to the provisions of covered benefits.
(6) "Patient or authorized representative� shall have the same meaning as set forth in
§ 5-37.3-3.
(b) Notwithstanding any other law, and to the extent permitted by federal law, a health
insurer shall take the following steps to further protect the confidentiality of an
insured individual's confidential healthcare information:
(1) A health insurer shall permit an insured individual or authorized representative to
submit a confidential communications request form as described in subsection (d) of
this section. A health insurer shall accommodate requests for communication in the
form and format requested by the insured individual or authorized representative,
if it is readily producible in the requested form and format. A health insurer shall
permit that communications containing confidential healthcare information be communicated
to the insured individual or authorized representative at a specific mail or email
address or specific telephone number, as designated by the insured individual or authorized
representative.
(2) A health insurer may require the insured individual or authorized representative to
make a request for a confidential communication described in subsection (b)(1) of
this section, in writing or by electronic transmission.
(3) The confidential communication request shall be valid until the insured individual
or authorized representative submits a revocation of the request, or a new confidential
communication request is submitted.
(4) For the purposes of this section, a confidential communications request must be implemented
by the health insurer within ten (10) calendar days of the receipt of an electronic
transmission or telephonic request or within ten (10) calendar days of receipt by
first-class mail. The health insurer shall acknowledge receipt of the confidential
communications request and advise the insured individual or authorized representative
of the status of implementation of the request if an insured individual or authorized
representative contacts the insurer.
(c) A health insurer shall not condition coverage on the waiver of rights provided in
this section.
(d) All health insurers shall create a confidential communications request form that shall
be easily readable and prominently displayed on the health insurer's website.
(e) The department of health shall develop and disseminate to healthcare providers information
on best practices relating to how providers can support insured individuals or authorized
representatives requesting confidential communications including, but not limited
to:
(1) Ensuring that healthcare providers and healthcare staff are aware and understand the
requirements outlined in this section;
(2) Having hard-copy versions of the standardized confidential communications request
form described in subsection (d) of this section, prominently displayed and available
to insured individuals or authorized representatives; and
(3) Offering to submit the standardized confidential communications request form described
in subsection (d) of this section that has been completed by an insured individual
or authorized representative to that insured individual's health insurer.
(f) The office of the health insurance commissioner and the department of health may adopt
reasonable rules and regulations for the implementation and administration of this
chapter.