§ 5-37.8-2. Insurance protections for providers of legally protected healthcare activity.
(a) An insurer that issues malpractice insurance for a healthcare provider who is certified,
registered, or licensed in Rhode Island may not take a prohibited action against an
applicant for or the named insured under a malpractice policy in this state because
the applicant or insured engaged in a legally protected healthcare activity or aiding
and assisting with legally protected healthcare activity in this state, as long as
the care provided by the applicant or insured was consistent with the applicable professional
standard of care and/or did not viol
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§ 5-37.8-2. Insurance protections for providers of legally protected healthcare activity.
(a) An insurer that issues malpractice insurance for a healthcare provider who is certified,
registered, or licensed in Rhode Island may not take a prohibited action against an
applicant for or the named insured under a malpractice policy in this state because
the applicant or insured engaged in a legally protected healthcare activity or aiding
and assisting with legally protected healthcare activity in this state, as long as
the care provided by the applicant or insured was consistent with the applicable professional
standard of care and/or did not violate Rhode Island law.
(b) A carrier may not refuse to credential an applicant, or terminate a participating
healthcare provider's participation, in a provider network based solely on the applicant's
or participating healthcare provider's engagement in legally protected healthcare
activity, or aiding and assisting with legally protected healthcare activity, provided
that the care provided by the applicant or insured was consistent with the applicable
professional standard of care and/or did not violate Rhode Island law.
(c) A carrier may not take adverse action against a healthcare provider or subject the
healthcare provider to financial disincentives based solely on the provider engaging
in legally protected healthcare activity, or aiding and assisting with legally protected
healthcare activity, as long as the care provided was consistent with the applicable
professional standard of care and/or did not violate the law of this state. Adverse
action in this section means refusing or failing to pay a provider for otherwise covered
services as defined in the applicable health benefit plan.
(d) No medical malpractice insurer may discriminate against a provider or adjust or otherwise
calculate a provider's risk classification or premium charges because, applying the
definitions set forth in chapter 101 of title 23 ("healthcare provider shield�):
(1) The healthcare provider offers reproductive healthcare services or gender-affirming
healthcare services that are unlawful in another state;
(2) Another state's laws create potential or actual liability for those services; or
(3) Hostile litigation against a healthcare provider concerning reproductive healthcare
services or gender-affirming healthcare services resulted in a judgment against the
healthcare provider, if such healthcare services would be lawful and consistent with
the applicable professional standard of care as provided if they occurred entirely
in this state.