Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 05 - Professional Licensing › Part 35 - Doctors of Naturopathy (216-RICR-40-05-35) › Section 216-RICR-40-05-35.11 - Closing a Medical Practice

Current through June 14, 2024
A. In the event of
				  a planned voluntary closure of a practice, the doctor of naturopathy shall, at
				  least ninety (90) days before closing his or her practice, give public notice
				  as to the disposition of patients' medical records in a media venue with, at a
				  minimum, statewide influence, and shall notify the Board of the location of the
				  records. The public notice shall include the date of the doctor of
				  naturopathy's retirement, and where and how patients may obtain their records
				  both prior to and after closure of the doctor of naturopathy's
				  practice.
B. The heirs or estate of
				  a deceased doctor of naturopathy who had been practicing at the time of his or
				  her death shall, within ninety (90) days of the doctor of naturopathy's death,
				  give public notice as to the disposition of patients' medical records in a
				  media venue with a statewide circulation, and shall notify the Board of the
				  location of the records.
C. Any
				  doctor of naturopathy closing his or her practice, or the heirs or estate of a
				  deceased doctor of naturopathy who had been practicing at the time of his or
				  her death, shall store the doctor of naturopathy's patient records in a
				  location and manner so that the records are maintained and accessible to
				  patients.
D. Any person or
				  corporation or other legal entity receiving medical records of any retired
				  doctor of naturopathy or deceased doctor of naturopathy who had been practicing
				  at the time of his or her death, shall comply with and be subject to the
				  provisions of R.I. Gen. Laws Chapter 5-37.3, and shall be subject to the rules
				  and regulations promulgated in accordance with R.I. Gen. Laws §
										23-1-48 and with the provisions of R.I. Gen. Laws §
										5-37-22(c) and
				  (d), even though this person, corporation, or
				  other legal entity is not a doctor of naturopathy.
35.11.1
Medical Records
A. Medical records and medical bills may be
				  requested by the patient or the patient's personal representative. All medical
				  record requests to doctors of naturopathy shall be made in writing through a
				  properly executed Authorization for Release of Health Care
				  Information.
B. Reimbursement.
1. Reimbursement to the doctor of naturopathy
				  for providing a patient a copy of their medical record, regardless of format,
				  shall not actual direct labor cost of reproducing the medical
				  records.
2. The doctor of
				  naturopathy may not require prior payment of charges for naturopathic health
				  care services as a condition for obtaining a copy of the medical record. The
				  doctor of naturopathy may not require prepayment of charges for duplicating or
				  retrieving records as a condition prior to fulfilling the patient's request for
				  the medical record if the request is for the purpose of continuity of care.
				  Copying of X-rays or other documents not reproducible by photocopy shall be at
				  the actual cost plus reasonable fees for clerical service not to exceed
				  twenty-five dollars ($25.00). Charges shall not be made if the record is
				  requested by the applicant or beneficiary or individual representing an
				  applicant or beneficiary for the purposes of supporting a claim or appeal under
				  the provision of the Social Security Act or any federal or state needs-based
				  program such as Medical Assistance, RIte Care, Temporary Disability Insurance
				  and Unemployment compensation.
3.
				  No fees shall be charged to an applicant for benefits in connection with a
				  Civil Court Certification Proceeding or a claim under R.I. Gen. Laws
				  §28-29-38 as reflected in R.I. Gen. Laws §
												23-17-19.1(16).
4. Requested records must be provided within
				  thirty (30) days of the receipt of the written request or signed authorization
				  for records. Requests for medical records made by authorized third parties
				  (e.g., attorneys representing the patient, attorneys not representing the
				  patient, a patient's estate on behalf of the patient, or insurance companies)
				  submitting a properly executed Authorization for Release of Information shall
				  be billed at direct labor cost of reproducing the medical records.
5. No fees shall be charged when a medical
				  record is being sent from one provider to the next in the context of a
				  consultation.
C. Medical
				  Records shall be stored by doctors of naturopathy or their authorized agents
				  for a period of at least seven (7) years unless otherwise required by law or
				  regulation.
D. Medical Records
				  shall be legible and contain the identity of the all health care providers
				  including professional title who is responsible for rendering, ordering,
				  supervising or billing each diagnostic or treatment procedure. The records must
				  contain sufficient information to justify the course of treatment, including,
				  but not limited to: active problem and medication lists; patient histories;
				  examination results; test results; records of medications dispensed, or
				  administered; and reports of consultations and hospitalizations.