Section 216-RICR-20-10-3.9 - Confidentiality ProvisionsA. Applications and supporting information submitted by qualifying patients, including information regarding their primary caregivers, authorized purchasers, and practitioners, are confidential and protected under the federal Health Insurance Portability and Accountability Act (HIPAA) of 1996, as amended.B. The Department of Health shall maintain a confidential list of the persons to whom the Department of Health has issued registry identification cards. 1. Individual names and other identifying information on the list: a. Shall be confidential and not be considered a public record pursuant to R.I. Gen. Laws § 38-2-2(4); and b. Shall not subject to disclosure, except to authorized employees of the Department of Health as necessary to perform official duties of the Department of Health, and pursuant to § 3.9(A)(2) of this Part.2. The Department of Health shall verify to law enforcement personnel whether a registry identification card is valid solely by confirming the random registry identification number or name. This verification may occur through the use of shared database, provided that any confidential information in this database is protected in accordance with § 3.9 of this Part.3. All records maintained by a compassion center which pertain to one or more registered qualifying patients, registered primary caregivers or authorized purchasers shall be considered: a. Confidential health care information under applicable Rhode Island law; and b. Protected health care information for purposes of the Federal Health Insurance Portability and Accountability Act of 1996, as amended.4. Pursuant to R.I. Gen. Laws § 21-28.6-6(k), the Department of Health may notify law enforcement personnel about falsified or fraudulent information submitted to the Department of Health.216 R.I. Code R. 216-RICR-20-10-3.9
Amended effective 8/16/2020