Skip to Content

Transfer and amendment of information - R.I. Gen. Laws Ann. § 5-37.3-5

Link to the law
This will open in a new window

If a third party action or decision that is based on a patient's confidential health care information adversely affects a patient, such as denial of an application for an insurance policy, rejection of a claim for insurance benefits, or denial of an employment application for health reasons, the patient or his or her authorized representative may submit a written request to have copies of all of the patient's confidential health care information in the possession of the third party transferred to a designated physician. The physician receiving this information may disclose any or all of that information to the patient or representative to the extent that disclosure is in the patient's best interests. After reviewing the information, a patient or representative may request that the third party amend or remove any part that the patient or representative believes is incorrect, or may request that the third party add any recent relevant information. The third party must notify the health care provider who initially forwarded the information and if that provider concurs with the requested modification, the third party must return the information to that provider to make the modifications. A third party may not itself modify the information, unless ordered to do so by a court. 

A third party may require payment of the actual costs associated with retrieving, copying, and forwarding or returning information to a provider. 

In any case, after requesting and reviewing his or her information, a patient may place a statement (of reasonable length) regarding his or her view of the accuracy or relevance of existing information, or regarding the addition of new information, into the third party's file on the patient, at the patient's own cost. That statement must always be included with the part of the information that is in dispute. 

A person or his or her authorized representative has the right to apply to the district court to amend or remove any part of his or her confidential health care information in a third party's possession that he or she believes is incorrect when there is an unreasonable refusal to change the records. 

Current as of June 2015