Section 216-RICR-20-20-5.4 - Reporting RequirementsA. Hospitals in which medical care for an opioid-related drug overdose is provided or sought to be provided, shall report the opioid-related drug overdose using the reporting format approved by the Department, within forty-eight (48) hours of initial contact with the patient. Such report shall include any results of drug screening/testing performed on a patient who experienced an opioid-related drug overdose. Any additional pertinent information, including patient's name, date of birth, address, and any retrospective data not previously provided, which is requested by the Department after the initial reported case, shall be reported to the Department promptly upon request.1. Reports regarding an opioid-related drug overdose shall be submitted utilizing a secure means of data transfer determined by the Department2. Data collected under § 5.4(A) of this Part may be used by the Department for the purposes of conducting program and policy evaluation, and research as approved by the Department's Institutional Review Board. Data collected pursuant to § 5.4(A) of this Part may be linked to other data accessible to the Department for those purposes.3. Data under § 5.4(A) of this Part shall not be shared with law enforcement.4. Data collected under § 5.4(A) of this Part shall not be shared with third party payers, or other entities outside of the Department for activities outside of Department approved evaluation, surveillance and research.a. Exception. Data shall be shared with the Director of BHDDH or his or her designee in accordance with the inter-agency memorandum of understanding.5. Data collected under § 5.4(A) of this Part are not public information. The collection, storage, use, or sharing of any data obtained pursuant to this Part shall be in accordance with all applicable State and Federal law, including the Confidentiality of Health Care Information Act (R. I. Gen. Laws §§ 5-37.3-1et seq.), the Health Insurance Portability and Accountability Act (including all effective Regulations promulgated thereunder), the Identify Theft Protection Act of 2015 (R. I. Gen. Laws §§ 11-49.3-1et seq.), and all other applicable laws. Any transfer of these data must meet State data encryption policy. B. In addition to complying with the provisions of § 60-10-1.10(H)(6) of this Title, hospitals shall submit residual biological samples (e.g., blood, urine) obtained in the course of hospitalization of patients who experienced an opioid related drug overdose which resulted in whole or in part, in current hospitalization. Such biological specimen shall be submitted to the Department's laboratory in accordance with Department guidance.C. Any hospital or agent thereof, that makes a report under § 5.4(A) of this Part or provides a blood specimen as described in § 5.4(B) of this Part, is not subject to civil or criminal liability for damages arising out of the report or provision of the biological specimen. An individual who makes a good-faith report or provision under these Regulations is not subject to civil or criminal liability for damages arising out of such act.D. All opioid-related drug overdose reports submitted pursuant to these Regulations shall be handled in accordance with all applicable State and Federal statutes and Regulations pertaining to confidentiality of healthcare information.216 R.I. Code R. 216-RICR-20-20-5.4
Amended effective 7/26/2022