§ 23-17-19.1. Rights of patients.
Every healthcare facility licensed under this chapter shall observe the following standards and any other standards that may be prescribed in rules and regulations promulgated by the licensing agency with respect to each patient who utilizes the facility:
(1) The patient shall be afforded considerate and respectful care.
(2) Upon request, the patient shall be furnished with the name of the physician responsible for coordinating his or her care.
(3) Upon request, the patient shall be furnished with the name of the physician or other person responsible for conducting any specific test or other medical procedure performed by the healthcare facility in connection with the patient’s treatment.
(4) The patient shall have the right to refuse any treatment by the healthcare facility to the extent permitted by law.
(5) The patient’s right to privacy shall be respected to the extent consistent with providing adequate medical care to the patient and with the efficient administration of the healthcare facility. Nothing in this section shall be construed to preclude discreet discussion of a patient’s case or examination of appropriate medical personnel.
(6) The patient’s right to privacy and confidentiality shall extend to all records pertaining to the patient’s treatment except as otherwise provided by law.
(7) The healthcare facility shall respond in a reasonable manner to the request of a patient’s physician, certified nurse practitioner, and/or a physician’s assistant for medical services to the patient. The healthcare facility shall also respond in a reasonable manner to the patient’s request for other services customarily rendered by the healthcare facility to the extent the services do not require the approval of the patient’s physician, certified nurse practitioner, and/or a physician’s assistant or are not inconsistent with the patient’s treatment.
(8) Before transferring a patient to another facility, the healthcare facility must first inform the patient of the need for, and alternatives to, a transfer.
(9) Upon request, the patient shall be furnished with the identities of all other healthcare and educational institutions that the healthcare facility has authorized to participate in the patient’s treatment and the nature of the relationship between the institutions and the healthcare facility.
(10)(a) Except as otherwise provided in this subparagraph, if the healthcare facility proposes to use the patient in any human-subjects research, it shall first thoroughly inform the patient of the proposal and offer the patient the right to refuse to participate in the project.
(b) No facility shall be required to inform prospectively the patient of the proposal and the patient’s right to refuse to participate when: (i) The facility’s human-subjects research involves the investigation of potentially lifesaving devices, medications, and/or treatments and the patient is unable to grant consent due to a life-threatening situation and consent is not available from the agent pursuant to chapter 4.10 of title 23 or the patient’s decision maker if an agent has not been designated or an applicable advanced directive has not been executed by the patient; and (ii) The facility’s institutional review board approves the human-subjects research pursuant to the requirements of 21 C.F.R. Pt. 50 and/or 45 C.F.R. Pt. 46 (relating to the informed consent of human subjects). Any healthcare facility engaging in research pursuant to the requirements of subparagraph (b) herein shall file a copy of the relevant research protocol with the department of health, which filing shall be publicly available.
(11) Upon request, the patient shall be allowed to examine and shall be given an explanation of the bill rendered by the healthcare facility irrespective of the source of payment of the bill.
(12) Upon request, the patient shall be permitted to examine any pertinent healthcare facility rules and regulations that specifically govern the patient’s treatment.
(13) The patient shall be offered treatment without discrimination as to race, color, religion, national origin, or source of payment.
(14) Patients shall be provided with a summarized medical bill within thirty (30) days of discharge from a healthcare facility. Upon request, the patient shall be furnished with an itemized copy of his or her bill. When patients are residents of state-operated institutions and facilities, the provisions of this subsection shall not apply.
(15) Upon request, the patient shall be allowed the use of a personal television set provided that the television complies with underwriters’ laboratory standards and O.S.H.A. standards, and so long as the television set is classified as a portable television.
(16) No charge of any kind, including, but not limited to, copying, postage, retrieval, or processing fees, shall be made for furnishing a health record or part of a health record to a patient, his or her attorney, or authorized representative if the record, or part of the record, is necessary for the purpose of supporting an appeal under any provision of the Social Security Act, 42 U.S.C. § 301 et seq., and the request is accompanied by documentation of the appeal or a claim under the provisions of the Workers’ Compensation Act, chapters 29 — 38 of title 28 or for any patient who is a veteran and the medical record is necessary for any application for benefits of any kind. A provider shall furnish a health record requested pursuant to this section by mail, electronically, or otherwise, within thirty (30) days of the receipt of the request. For the purposes of this section, “provider” shall include any out-of-state entity that handles medical records for in-state providers. Further, for patients of school-based health centers, the director is authorized to specify by regulation an alternative list of age appropriate rights commensurate with this section.
(17) The patient shall have the right to have his or her pain assessed on a regular basis.
(18) Notwithstanding any other provisions of this section, upon request, patients receiving care through hospitals, nursing homes, assisted-living residences and home healthcare providers, shall have the right to receive information concerning hospice care, including the benefits of hospice care, the cost, and how to enroll in hospice care.
History of Section.P.L. 1974, ch. 168, § 1; P.L. 1975, ch. 238, § 1; P.L. 1978, ch. 269, § 5; P.L. 1978, ch. 359, § 1; G.L. 1956, § 23-16-9.1; P.L. 1979, ch. 39, § 1; G.L. 1956, § 23-17-19.1; P.L. 1984, ch. 220, § 2; P.L. 1990, ch. 492, § 7; P.L. 1993, ch. 64, § 1; P.L. 1999, ch. 216, § 3; P.L. 1999, ch. 384, § 3; P.L. 2001, ch. 168, § 1; P.L. 2002, ch. 331, § 2; P.L. 2003, ch. 238, § 1; P.L. 2003, ch. 306, § 1; P.L. 2006, ch. 225, § 1; P.L. 2006, ch. 362, § 1; P.L. 2016, ch. 146, § 1; P.L. 2016, ch. 162, § 1.
Structure Rhode Island General Laws
Chapter 23-17 - Licensing of Healthcare Facilities
Section 23-17-1. - Short title.
Section 23-17-2. - Definitions.
Section 23-17-3. - Purpose of provisions.
Section 23-17-4. - License required for healthcare facility operation.
Section 23-17-4.1. - Rules and regulations for school-based health centers.
Section 23-17-5. - Application for license.
Section 23-17-5.2. - Additional information required for license renewal of all nursing facilities.
Section 23-17-6. - Issuance of license — Posting — Transfer — Conditions.
Section 23-17-7. - Expiration and renewal of license.
Section 23-17-8. - Denial, suspension, or revocation of license.
Section 23-17-8.1. - Curtailment of activities.
Section 23-17-9. - Judicial review of license action.
Section 23-17-10.1. - Financial regulation of health maintenance organizations.
Section 23-17-10.3. - Special care unit disclosure by facilities.
Section 23-17-10.5. - Medical director and attending physician file.
Section 23-17-10.6. - Nursing facility wandering hazard prevention plans.
Section 23-17-11. - Abortion and sterilization — Protection for nonparticipation — Procedure.
Section 23-17-12. - Inspections — Nursing facilities.
Section 23-17-12.1. - Scope of inspections.
Section 23-17-12.2. - Time for correction of defects.
Section 23-17-12.3. - Penalty for violation of §§ 23-17-12 — 23-17-12.2.
Section 23-17-12.4. - Enforcement of §§ 23-17-12 — 23-17-12.2.
Section 23-17-12.5. - Complaints — Nursing homes.
Section 23-17-12.6. - Independent quality monitor, quality consultant and temporary manager.
Section 23-17-12.7. - Adverse change in financial condition.
Section 23-17-12.8. - Posting of nursing staff levels in nursing facilities.
Section 23-17-12.9. - Resident and family notification.
Section 23-17-12.10. - Quality predictive modeling — Established.
Section 23-17-12.11. - Nursing facility quality improvement program.
Section 23-17-13.1. - Health services council.
Section 23-17-14. - Functions of health services council.
Section 23-17-14.1. - Immunity for council members.
Section 23-17-14.2. - Compensation.
Section 23-17-14.3. - Review criteria.
Section 23-17-14.4. - Procedures for review.
Section 23-17-15. - Information confidential.
Section 23-17-15.1. - Reports public.
Section 23-17-16. - Annual report of activities.
Section 23-17-17. - Penalty for operation of unlicensed health care facility.
Section 23-17-18. - Obtaining treatment or services under false pretenses.
Section 23-17-19. - Injunction to restrain operation without license.
Section 23-17-19.1. - Rights of patients.
Section 23-17-19.2. - Posting of law.
Section 23-17-19.3. - Patients’ visitation rights.
Section 23-17-20. - Inapplicability.
Section 23-17-21. - Power of enforcement.
Section 23-17-22. - Severability.
Section 23-17-23. - Hospital disciplinary powers.
Section 23-17-24. - Internal risk management program.
Section 23-17-25. - Privileges and immunities for peer review activities.
Section 23-17-26. - Emergency health care.
Section 23-17-27. - Disclosure of nonparticipation in hospital service plan.
Section 23-17-28. - Health care cost containment.
Section 23-17-29. - Applicability.
Section 23-17-30. - Blood or tissue transfer services.
Section 23-17-31. - Human immunodeficiency virus (HIV) testing — Hospitals.
Section 23-17-31.1. - Human immunodeficiency virus (HIV) testing — Facilities for drug users.
Section 23-17-32. - Mammograms — Quality assurance standards.
Section 23-17-33. - Pap smears — Quality assurance standards.
Section 23-17-35. - Prior criminal records checks.
Section 23-17-36. - Rules and regulations.
Section 23-17-37. - Disqualifying information.
Section 23-17-38. - Establishment of fees.
Section 23-17-38.1. - Hospitals — Licensing fee.
Section 23-17-39. - Immunity from liability.
Section 23-17-40. - Hospital and freestanding emergency-care facility events reporting.
Section 23-17-41. - Employer/employee relationships.
Section 23-17-42. - Home nursing care providers — Uncompensated care provisions.
Section 23-17-43. - Charity care requirements.
Section 23-17-45. - Quality standards for volume related tertiary services.
Section 23-17-46. - Financial interest disclosure.
Section 23-17-47. - Identification badges.
Section 23-17-48. - Labor disputes/actions.
Section 23-17-49. - Surgical procedures — General provisions.
Section 23-17-51. - Magnetic resonance imaging — Quality assurance standards.
Section 23-17-52. - Department of health concern line.
Section 23-17-53. - Physician contracts.
Section 23-17-54. - Provisions of interpreter services.
Section 23-17-55. - Severability.
Section 23-17-56. - School based health centers — Special requirements and exceptions.
Section 23-17-59. - Safe patient handling.
Section 23-17-60. - Compilation and publication of the charges for common hospital procedures.
Section 23-17-61. - Written estimates for hospital medical services.
Section 23-17-62. - Criminal records review — Long-term care hospital.
Section 23-17-63. - Patient safety — Circulating nurses required in operating rooms.
Section 23-17-64. - Influenza immunization.
Section 23-17-65. - Transparency of ownership in healthcare facilities.