Shown verbatim: the complete text as captured from the official PDF posted by the Rhode Island General Assembly, fetched 2026-07-29. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
S2852 2026 -- S 2852 ======== LC005316 ======== STATE OF RHODE ISLAND IN GENERAL ASSEMBLY JANUARY SESSION, A.D. 2026 ____________ A N A C T RELATING TO BUSINESSES AND PROFESSIONS -- CONFIDENTIALITY OF HEALTHCARE COMMUNICATIONS AND INFORMATION ACT Introduced By: Senators Vargas, Urso, Lauria, Murray, Gu, and DiMario Date Introduced: March 04, 2026 Referred To: Senate Health & Human Services It is enacted by the General Assembly as follows: 1 SECTION 1. Chapter 5-37.3 of the General Laws entitled Confidentiality of Healthcare 2 Communications and Information Act is hereby amended by adding thereto the following section: 3 5-37.3-13. Electronic transmission of medical notes and records. 4 (a) A healthcare provider shall, upon the written request of a patient or the patient’s 5 authorized representative, furnish medical notes or other medical records in any readily producible 6 form or format consistent with state and federal law. 7 (b) Permissible formats shall include, but not be limited to, paper copies, facsimile 8 transmission, secure electronic transmission, patient portal access, and electronic mail. 9 (c) A provider may transmit a medical note or medical record by electronic mail, including 10 unencrypted email, when: 11 (1) The patient provides a written authorization identifying the specific email address for 12 delivery; 13 (2) The authorization acknowledges the potential privacy and security risks of email 14 transmission; and 15 (3) The patient consents to receive the information by email despite such risks. 16 (d) The provider shall retain the patient’s authorization in the medical record. 17 (e) A provider shall not be required to transmit records by email if unable to do so in a 18 manner consistent with applicable federal law; provided an alternative lawful method is offered. 1 (f) Nothing in this section shall be construed to limit rights under HIPAA or to require 2 encryption where a patient has expressly requested unencrypted email and acknowledged the risks. 3 (g) The department of health shall promulgate rules, regulations, or guidance, including 4 model authorization forms, to implement this section. 5 SECTION 2. This act shall take effect upon passage. ======== LC005316 ======== LC005316 - Page 2 of 3 EXPLANATION BY THE LEGISLATIVE COUNCIL OF A N A C T RELATING TO BUSINESSES AND PROFESSIONS -- CONFIDENTIALITY OF HEALTHCARE COMMUNICATIONS AND INFORMATION ACT *** 1 This act would allow patients to authorize providers to email medical notes or records, 2 require written consent acknowledging risks, and ensure compliance with HIPAA while expanding 3 delivery options beyond fax or in-person pickup. 4 This act would take effect upon passage. ======== LC005316 ======== LC005316 - Page 3 of 3
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