Text of RI S 2129 (2026)

2026 -- S 2129 ======== LC004011 ======== S T A T E O F R H O D E I S L A N D IN GENERAL ASSEMBLY JANUARY SESSION, A.D. 2026 ____________ A N A C T RELATING TO HEALTH AND SAFETY -- REPRODUCTIVE FREEDOM AND GENDER AFFIRMING CARE HEALTH DATA PRIVACY ACT Introduced By: Senators LaMountain, Murray, Gu, Burke, McKenney, Britto, Urso, Acosta, Bissaillon, and Vargas Date Introduced: January 16, 2026 Referred To: Senate Judiciary It is enacted by the General Assembly as follows: SECTION 1. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby 1 amended by adding thereto the following chapter: 2 CHAPTER 101.1 3 REPRODUCTIVE FREEDOM AND GENDER-AFFIRMING CARE HEALTH DATA 4 PRIVACY ACT 5 23-101.1-1. Title. 6 This act shall be known and may be cited as the “Reproductive Freedom and Gender- 7 Affirming Care Data Privacy Act.” 8 23-101.1-2. Definitions. 9 As used in this chapter: 10 (1) "Abortion" means the termination of a pregnancy for purposes other than producing a 11 live birth. 12 (2) "Affiliate" means a legal entity that shares common branding with another legal entity 13 and controls, is controlled by, or is under common control with another legal entity. For the 14 purposes of this definition, "control" or "controlled" means: 15 (i) Ownership of, or the power to vote, more than fifty percent (50%) of the outstanding 16 shares of any class of voting security of a company; 17 (ii) Control in any manner over the election of a majority of the directors or of individuals 18 LC004011 - Page 2 of 17 exercising similar functions; or 1 (iii) The power to exercise controlling influence over the management of a company. 2 (3) "Authenticate" means to use reasonable means to determine that a request to exercise 3 any of the rights afforded in this chapter is being made by, or on behalf of, the consumer who is 4 entitled to exercise such consumer rights with respect to the consumer health data at issue. 5 (4) "Biometric data" means data that is generated from the measurement or technological 6 processing of an individual's physiological, biological, or behavioral characteristics and that 7 identifies a consumer, whether individually or in combination with other data. Biometric data 8 includes, but is not limited to: 9 (i) Imagery of the iris, retina, fingerprint, face, hand, palm, vein patterns, and voice 10 recordings, from which an identifier template can be extracted; or 11 (ii) Keystroke patterns or rhythms and gait patterns or rhythms that contain identifying 12 information. 13 (5) "Collect" means to buy, rent, access, retain, receive, acquire, infer, derive, or otherwise 14 process consumer health data in any manner, including receiving the data from the individual, either 15 actively or passively, or by observing or tracking the individual’s online activity or precise location. 16 (6)(i) "Consent" means a clear affirmative act that signifies a consumer's freely given, 17 specific, informed, opt-in, voluntary, and unambiguous agreement, which may include written 18 consent provided by electronic means, provided: 19 (A) The request is provided to the consumer in a clear and conspicuous stand-alone 20 disclosure; 21 (B) The request includes a description of the processing purpose for which the consumer’s 22 consent is sought and clearly states the specific categories of personal data that the regulated entity 23 intends to collect, process, or transfer; 24 (C) The request is made available to the consumer in each language in which the regulated 25 entity provides a product or service for which authorization is sought and, in a manner, reasonably 26 accessible to consumers with disabilities. 27 (ii) "Consent" may not be obtained by: 28 (A) A consumer's acceptance of a general or broad terms of use agreement or a similar 29 document that contains descriptions of personal data processing along with other unrelated 30 information; 31 (B) A consumer hovering over, muting, pausing, or closing a given piece of content; 32 (C) A consumer's agreement obtained through the use of deceptive designs; or, 33 (D) Inference from the inaction of a consumer or the consumer’s continued use of a service 34 LC004011 - Page 3 of 17 or product provided by the regulated entity. 1 (7) "Consumer" means a natural person who is: 2 (i) A Rhode Island resident, or a natural person whose consumer health data is collected 3 while present in Rhode Island; and 4 (ii) Is acting only in an individual or household context, however identified, including by 5 any unique identifier. "Consumer" does not include an individual acting in an employment context. 6 (8) "Consumer health data" means: 7 (i)(A) A consumer’s gender-affirming care information; 8 (B) A consumer’s reproductive or sexual health information; or 9 (ii) Any information that a regulated entity or a small business, or their respective 10 processor, processes to associate or identify a consumer with the data described in subsection (8)(i) 11 of this section that is derived or extrapolated from information that is not consumer health data to 12 include, but not limited to, as proxy, derivative, inferred, or emergent data by any means, including 13 algorithms or machine learning. 14 (iii) "Consumer health data" does not include personal information that is used to engage 15 in public or peer-reviewed scientific, historical, or statistical research in the public interest that 16 adheres to all other applicable ethics and privacy laws and is approved, monitored, and governed 17 by an institutional review board, human subjects research ethics review board, or a similar 18 independent oversight entity that determines that the regulated entity or the small business has 19 implemented reasonable safeguards to mitigate privacy risks associated with research, including 20 any risks associated with reidentification. 21 (9) "Deceptive design" means a user interface designed or manipulated with the effect of 22 subverting or impairing user autonomy, decision making, or choice. 23 (10) "Deidentified data" means data that cannot reasonably be used to infer information 24 about, or otherwise be linked to, an identified or identifiable consumer, or a device linked to such 25 consumer, if the regulated entity or the small business that possesses such data: 26 (i) Takes reasonable measures to ensure that such data cannot be associated with a 27 consumer; 28 (ii) Publicly commits to process such data only in a deidentified fashion and not attempt to 29 reidentify such data; and 30 (iii) Contractually obligates any recipients of such data to satisfy the criteria set forth in 31 this chapter. 32 (11) "Gender-affirming care information" means personal information relating to seeking 33 or obtaining past, present, or future gender-affirming care services. "Gender-affirming care 34 LC004011 - Page 4 of 17 information" includes, but is not limited to: 1 (i) Precise location information that could reasonably indicate a consumer's attempt to 2 acquire or receive gender-affirming care services; 3 (ii) Efforts to research or obtain gender-affirming care services; or 4 (iii) Any gender-affirming care information that is derived, extrapolated, or inferred, 5 including from information that is not consumer health data, such as proxy, derivative, inferred, 6 emergent, or algorithmic data. 7 (12) "Gender-affirming care services" means health services or products that support and 8 affirm an individual's gender identity including, but not limited to, psychological, behavioral, 9 cosmetic, medical, or surgical interventions. "Gender-affirming care services" includes, but is not 10 limited to, treatments for gender dysphoria, gender-affirming hormone therapy, and gender- 11 affirming surgical procedures. 12 (13) "Genetic data" means any data, regardless of its format, that concerns a consumer's 13 genetic characteristics. "Genetic data" includes, but is not limited to: 14 (i) Raw sequence data that result from the sequencing of a consumer's complete extracted 15 deoxyribonucleic acid (DNA) or a portion of the extracted DNA; 16 (ii) Genotypic and phenotypic information that results from analyzing the raw sequence 17 data; and 18 (iii) Self-reported health data that a consumer submits to a regulated entity or a small 19 business and that is analyzed in connection with consumer's raw sequence data. 20 (14) "Geofence" means technology that uses global positioning coordinates, cell tower 21 connectivity, cellular data, radio frequency identification, Wifi data, and/or any other form of 22 spatial or location detection to establish a virtual boundary around a specific physical location, or 23 to locate a consumer within a virtual boundary. For purposes of this definition, "geofence" means 24 a virtual boundary that is two thousand feet (2,000 ft.) or less from the perimeter of the physical 25 location. 26 (15) "Healthcare services" means any service provided to a person to assess, measure, 27 improve, or learn about a person's mental or physical health including, but not limited to: 28 (1) Individual health conditions, status, diseases, or diagnoses; 29 (ii) Psychological, behavioral, and medical interventions; 30 (iii) Health-related surgeries or procedures; 31 (iv) Use or purchase of medication; 32 (v) Bodily functions, vital signs, symptoms, or measurements of the information described 33 in this subsection; 34 LC004011 - Page 5 of 17 (vi) Diagnoses or diagnostic testing, treatment, or medication; 1 (vii) Reproductive healthcare services; or 2 (viii) Gender-affirming care services. 3 (16) "Homepage" means the introductory page of an Internet website and any Internet 4 webpage where personal information is collected. In the case of an online service, such as a mobile 5 application, homepage means the application's platform page or download page, and a link within 6 the application, such as from the application configuration, "about," "information," or settings page. 7 (17) "Person" means, where applicable, natural persons, corporations, trusts, 8 unincorporated associations, and partnerships. "Person" does not include government agencies, 9 tribal nations, or contracted service providers when processing consumer health data on behalf of 10 a government agency. 11 (18) "Personal information" means information that identifies or is reasonably capable of 12 being associated or linked, directly or indirectly, with a particular consumer. "Personal 13 information" includes, but is not limited to, data associated with a persistent unique identifier, such 14 as a cookie ID, an IP address, a device identifier, or any other form of persistent unique identifier. 15 "Personal information" does not include publicly available information or deidentified data. 16 (19) "Precise location information" means information derived from technology including, 17 but not limited to, global positioning system level latitude and longitude coordinates or other 18 mechanisms, that directly identifies the specific location of an individual with precision and 19 accuracy within a radius of one thousand seven hundred and fifty feet (1,750 ft.). "Precise location 20 information" does not include the content of communications, or any data generated by or 21 connected to advanced utility metering infrastructure systems or equipment for use by a utility. 22 (20) "Process" or "processing" means any operation or set of operations performed on 23 consumer health data. 24 (21) "Processor" means a person that processes consumer health data on behalf of a 25 regulated entity or a small business. 26 (22) "Publicly available information" means information that: 27 (i)(A) Is made available through federal, state, or municipal government records or widely 28 distributed media; 29 (B) Is released in a disclosure to the general public as required by federal, state, or local 30 law; or 31 (C) A regulated entity or a small business has a reasonable basis to believe a consumer has 32 made available in such a way that the consumer no longer maintains a reasonable expectation of 33 privacy in the information. 34 LC004011 - Page 6 of 17 (ii) "Publicly available information" does not include any biometric data collected about a 1 consumer by a business without the consumer's consent or publicly available information combined 2 or intermixed with personal information. 3 (23) "Regulated entity" means any legal entity that: 4 (i) Provides healthcare services in Rhode Island, or produces or provides healthcare 5 services that are targeted to consumers in Rhode Island; 6 (ii) Alone or jointly with others, determines the purpose and means of collecting, 7 processing, sharing, or selling of consumer health data; 8 (iii) Collects consumer health data directly from consumers. "Regulated entity" does not 9 mean government agencies, tribal nations, or contracted service providers when processing 10 consumer health data on behalf of the government agency. 11 (24) "Reproductive or sexual health information" means personal information relating to 12 seeking or obtaining past, present, or future reproductive or sexual health services. "Reproductive 13 or sexual health information" includes, but is not limited to: 14 (i) Precise location information that could reasonably indicate a consumer's attempt to 15 acquire or receive reproductive or sexual health services; 16 (ii) Efforts to research or obtain reproductive or sexual health services; or 17 (iii) Any reproductive or sexual health information that is derived, extrapolated, or inferred, 18 including from nonhealth information (such as proxy, derivative, inferred, emergent, or algorithmic 19 data). 20 (25) "Reproductive or sexual health services" means health services or products that 21 support or relate to a consumer's reproductive system or sexual well-being including, but not limited 22 to: 23 (i) Individual health conditions, status, diseases, or diagnoses; 24 (ii) Psychological, behavioral, and medical interventions; 25 (iii) Health-related surgeries or procedures including, but not limited to, abortions; 26 (iv) Use or purchase of medication including, but not limited to, medications for the 27 purposes of abortion; 28 (v) Bodily functions, vital signs, symptoms, or measurements of the information described 29 in this subsection; 30 (vi) Diagnoses or diagnostic testing, treatment, or medication; and 31 (vii) Medical or nonmedical services related to and provided in conjunction with an 32 abortion including, but not limited to, associated diagnostics, counseling, supplies, and follow-up 33 services. 34 LC004011 - Page 7 of 17 (26)(i) "Sell" or "sale" means the exchange of consumer health data for monetary or other 1 valuable consideration. 2 (ii) "Sell" or "sale" does not include the exchange of consumer health data for monetary or 3 other valuable consideration: 4 (A) To a third party as an asset that is part of a merger, acquisition, bankruptcy, or other 5 transaction in which the third party assumes control of all or part of the regulated entity's or the 6 small business's assets that complies with the requirements and obligations in this chapter, but only 7 if the regulated entity, in a reasonable time before the exchange, provides the affected consumer 8 with both of the following: 9 (I) A notice describing the transfer, including the name of the entity receiving the 10 individual's consumer health data and the applicable privacy policies of the entity; and 11 (II) A reasonable opportunity to withdraw previously provided consent related to the 12 individual's consumer health data and request the deletion of the individual's consumer health data; 13 or 14 (B) By a regulated entity or a small business to a processor when such exchange is 15 consistent with the purpose for which the consumer health data was collected and disclosed to the 16 consumer. 17 (C) If the exchange is of publicly available information. 18 (27)(i) "Share" or "sharing" means to release, disclose, disseminate, divulge, make 19 available, provide access to, license, or otherwise communicate orally, in writing, or by electronic 20 or other means, consumer health data by a regulated entity or a small business to a third party or 21 affiliate. “Share” includes “sell.” 22 (ii) The term "share" or "sharing" does not include: 23 (A) The disclosure of consumer health data by a regulated entity or a small business to a 24 processor when such sharing is to provide goods or services in a manner consistent with the purpose 25 for which the consumer health data was collected and disclosed to the consumer; 26 (B) The disclosure of consumer health data to a third party with whom the consumer has a 27 direct relationship when: 28 (I) The disclosure is for purposes of providing a product or service requested by the 29 consumer; 30 (II) The regulated entity or the small business maintains control and ownership of the data; 31 and 32 (III) The third party uses the consumer health data only at direction from the regulated 33 entity or the small business and consistent with the purpose for which it was collected and consented 34 LC004011 - Page 8 of 17 to by the consumer; or 1 (C) The disclosure or transfer of personal data to a third party as an asset that is part of a 2 merger, acquisition, bankruptcy, or other transaction in which the third party assumes control of all 3 or part of the regulated entity's or the small business's assets and complies with the requirements 4 and obligations in this chapter. 5 (28) "Small business" means a regulated entity that satisfies one or both of the following 6 thresholds: 7 (i) Collects, processes, sells, or shares consumer health data of fewer than one hundred 8 thousand (100,000) consumers during a calendar year; or 9 (b) Derives less than fifty percent (50%) of gross revenue from the collection, processing, 10 selling, or sharing of consumer health data, and controls, processes, sells, or shares consumer health 11 data of fewer than twenty-five thousand (25,000) consumers. 12 (29) "Third party" means an entity other than a consumer, regulated entity, processor, small 13 business, or affiliate of the regulated entity or the small business. 14 23-101.1-3. Consumer health data privacy policy. 15 (a)(1) A regulated entity, by January 1, 2027, and a small business, by April 1, 2027, shall 16 maintain a consumer health data privacy policy that clearly and conspicuously discloses: 17 (i) The categories of consumer health data collected and the purpose for which the data is 18 collected, including how the data will be used; 19 (ii) The categories of sources from which the consumer health data is collected; 20 (iii) The categories of consumer health data that is shared; 21 (iv) A list of the categories of third parties and specific affiliates with whom the regulated 22 entity or the small business shares the consumer health data; and 23 (v) How a consumer can exercise the rights provided in § 23-101.1-5. 24 (2) A regulated entity and a small business shall prominently publish a link to its consumer 25 health data privacy policy on its homepage. 26 (3) A regulated entity or a small business may not collect, use, or share additional 27 categories of consumer health data not disclosed in the consumer health data privacy policy without 28 first disclosing the additional categories and obtaining the consumer's affirmative consent prior to 29 the collection, use, or sharing of such consumer health data. 30 (4) A regulated entity or a small business may not collect, use, or share consumer health 31 data for additional purposes not disclosed in the consumer health data privacy policy without first 32 disclosing the additional purposes and obtaining the consumer's affirmative consent prior to the 33 collection, use, or sharing of such consumer health data. 34 LC004011 - Page 9 of 17 (5) It is a violation of this chapter for a regulated entity or a small business to contract with 1 a processor to process consumer health data in a manner that is inconsistent with the regulated 2 entity's or the small business's consumer health data privacy policy. 3 23-101.1-4. Collection or sharing of consumer health data. 4 (a)(1) A regulated entity, by January 1, 2027, and a small business, by April 1, 2027, shall 5 not collect or share any consumer health data, including the sale of consumer health data, except: 6 (i) With consent from the consumer for such collection for a specified purpose; and 7 (ii) If the consumer health data is collected or shared only for one or more of the following 8 permissible purposes: 9 (A) As necessary to provide a product, service, or service feature to the individual to whom 10 the consumer health data pertains when requested by that individual. 11 (B) To initiate, manage, execute, or complete a financial or commercial transaction or to 12 fulfill an order for a specific product or service requested by an individual to whom the consumer 13 health data pertains including, but not limited to, associated routine administrative, operational, and 14 account servicing activity such as billing, shipping, storage, and accounting. 15 (C) To comply with an obligation under a law of this state or federal law. 16 (D) To protect public safety or public health. 17 (E) To prevent, detect, protect against, or respond to a security incident, identity theft, 18 fraud, harassment, malicious or deceptive activities, or activities that are illegal under the laws of 19 this state. 20 (F) To preserve the integrity or security of systems. 21 (G) To investigate, report, or prosecute persons responsible for activities that are illegal 22 under the laws of this state. 23 (2) Consent required under this section shall be obtained prior to the collection or sharing, 24 as applicable, of any consumer health data, and the request for consent shall clearly and 25 conspicuously disclose: 26 (i) The categories of consumer health data collected or shared; 27 (ii) The purpose of the collection or sharing of the consumer health data, including the 28 specific ways in which it will be used; 29 (iii) The categories of entities with whom the consumer health data is shared; and 30 (iv) How the consumer can withdraw consent from future collection or sharing of the 31 consumer's health data. 32 (3) A regulated entity or a small business shall not unlawfully discriminate against a 33 consumer for exercising any rights included in this chapter. 34 LC004011 - Page 10 of 17 23-101.1-5. Consumer rights and requests -- Refusal -- Appeal. 1 (a)(1) A consumer has the right to confirm whether a regulated entity or a small business 2 is collecting, sharing, or selling consumer health data concerning the consumer and to access such 3 data, including a list of all third parties and affiliates with whom the regulated entity or the small 4 business has shared or sold the consumer health data and an active email address or other online 5 mechanism that the consumer may use to contact these third parties. 6 (2) A consumer has the right to withdraw consent from the regulated entity's or the small 7 business's collection and sharing of consumer health data concerning the consumer. 8 (3) A consumer has the right to have consumer health data concerning the consumer deleted 9 and may exercise that right by informing the regulated entity or the small business of the consumer's 10 request for deletion. 11 (i) A regulated entity or a small business that receives a consumer's request to delete any 12 consumer health data concerning the consumer shall: 13 (A) Delete the consumer health data from its records, including from all parts of the 14 regulated entity's or the small business's network, including archived or backup systems pursuant 15 subsection (a)(3)(B)(iii) of this section; and 16 (B) Notify all affiliates, processors, contractors, and other third parties with whom the 17 regulated entity or the small business has shared consumer health data of the deletion request. 18 (ii) All affiliates, processors, contractors, and other third parties that receive notice of a 19 consumer's deletion request shall honor the consumer's deletion request and delete the consumer 20 health data from its records, subject to the requirements of this chapter. 21 (iii) If consumer health data that a consumer requests to be deleted is stored on archived or 22 backup systems, then the request for deletion may be delayed to enable restoration of the archived 23 or backup systems; provided that, such delay may not exceed six (6) months from authenticating 24 the deletion request. 25 (4) A consumer may exercise the rights set forth in this chapter by submitting a request, at 26 any time, to a regulated entity or a small business. Such a request may be made by a secure and 27 reliable means established by the regulated entity or the small business and described in its 28 consumer health data privacy policy. The method shall take into account the ways in which 29 consumers normally interact with the regulated entity or the small business, the need for secure and 30 reliable communication of such requests, and the ability of the regulated entity or the small business 31 to authenticate the identity of the consumer making the request. A regulated entity or a small 32 business shall not require a consumer to create a new account in order to exercise consumer rights 33 pursuant to this chapter but may require a consumer to use an existing account. 34 LC004011 - Page 11 of 17 (5) If a regulated entity or a small business is unable to authenticate the request using 1 commercially reasonable efforts, the regulated entity or the small business shall not be required to 2 comply with a request to initiate an action under this section and may request that the consumer 3 provide additional information reasonably necessary to authenticate the consumer and the 4 consumer's request. 5 (6) Information provided in response to a consumer request shall be provided by a regulated 6 entity and a small business free of charge, up to twice annually per consumer. If requests from a 7 consumer are manifestly unfounded, excessive, or repetitive, the regulated entity or the small 8 business may charge the consumer a reasonable fee to cover the administrative costs of complying 9 with the request or decline to act on the request. The regulated entity and the small business bear 10 the burden of demonstrating the manifestly unfounded, excessive, or repetitive nature of the 11 request. 12 (7) A regulated entity and a small business shall comply with the consumer's requests under 13 subsection (a)(1) through (a)(3) of this section within forty-five (45) days of receipt of the request 14 submitted pursuant to the methods described in this section. A regulated entity and a small business 15 shall promptly take steps to authenticate a consumer request, but this does not extend the regulated 16 entity's and the small business's duty to comply with the consumer's request within forty-five (45) 17 days of receipt of the consumer's request. The response period may be extended once by forty-five 18 (45) additional days when reasonably necessary, taking into account the complexity and number of 19 the consumer's requests, so long as the regulated entity or the small business informs the consumer 20 of any such extension within the initial forty-five (45)-day response period, together with the reason 21 for the extension. 22 (b) A regulated entity shall comply with this section by January 1, 2027, and a small 23 business shall comply with this section beginning April 1, 2027. 24 23-101.1-6. Data security practices. 25 A regulated entity, by January 1, 2027, and a small business, by April 1, 2027, shall: 26 (1) Restrict access to consumer health data by the employees, processors, and contractors 27 of such regulated entity or small business to only those employees, processors, and contractors for 28 which access is necessary to further the purposes for which the consumer provided consent or where 29 necessary to provide a product or service that the consumer to whom such consumer health data 30 relates has requested from such regulated entity or small business; and 31 (2) Establish, implement, and maintain administrative, technical, and physical data security 32 practices that, at a minimum, satisfy reasonable standard of care within the regulated entity's or the 33 small business's industry to protect the confidentiality, integrity, and accessibility of consumer 34 LC004011 - Page 12 of 17 health data appropriate to the volume and nature of the consumer health data at issue. 1 23-101.1-7. Processors. 2 (a)(1) Effective January 1, 2027, for a regulated entity, and April 1, 2027, for a small 3 business, a processor may process consumer health data only pursuant to a binding contract 4 between the processor and the regulated entity or the small business that sets forth the processing 5 instructions and limit the actions the processor may take with respect to the consumer health data 6 it processes on behalf of the regulated entity or the small business. 7 (2) A processor may process consumer health data only in a manner that is consistent with 8 the binding instructions set forth in the contract with the regulated entity or the small business. 9 (b) A processor shall assist the regulated entity or the small business by appropriate 10 technical and organizational measures, insofar as this is possible, in fulfilling the regulated entity's 11 and the small business's obligations under this chapter. 12 (c) If a processor fails to adhere to the regulated entity's or the small business's instructions 13 or processes consumer health data in a manner that is outside the scope of the processor's contract 14 with the regulated entity or the small business, the processor is considered a regulated entity or a 15 small business with regard to such data and is subject to all the requirements of this chapter with 16 regard to such data. 17 23-101.1-8. Valid authorization to sell -- Defects -- Provision to consumer. 18 (a) Subject to the requirements of § 23-101.1-4, by January 1, 2027, for a regulated entity 19 and April 1, 2027, for a small business, it is unlawful for any person to sell or offer to sell consumer 20 health data concerning a consumer without first obtaining valid authorization from the consumer. 21 The sale of consumer health data shall be consistent with the valid authorization signed by the 22 consumer. This authorization shall be separate and distinct from the consent obtained to collect or 23 share consumer health data, as required under § 23-101.1-4. 24 (b) A valid authorization to sell consumer health data is a document consistent with this 25 section and shall be written in plain language. The valid authorization to sell consumer health data 26 shall contain the following: 27 (1) The specific consumer health data concerning the consumer that the person intends to 28 sell; 29 (2) The name and contact information of the person collecting and selling the consumer 30 health data; 31 (3) The name and contact information of the person purchasing the consumer health data 32 from the seller identified in subsection (b)(2) of this section; 33 (4) A description of the purpose for the sale, including how the consumer health data shall 34 LC004011 - Page 13 of 17 be gathered and how it will be used by the purchaser identified in subsection (b)(3) of this section 1 when sold; 2 (5) A statement that the provision of goods or services may not be conditioned on the 3 consumer signing the valid authorization; 4 (6) A statement that the consumer has a right to revoke the valid authorization at any time 5 and a description on how to submit a revocation of the valid authorization; 6 (7) A statement that the consumer health data sold pursuant to the valid authorization may 7 be subject to redisclosure by the purchaser and may no longer be protected by this section; 8 (8) An expiration date for the valid authorization that expires one year from when the 9 consumer signs the valid authorization; and 10 (9) The signature of the consumer and date. 11 (c) An authorization is not valid if the document has any of the following defects: 12 (i) The expiration date has passed; 13 (ii) The authorization does not contain all the information required under this section; 14 (iii) The authorization has been revoked by the consumer; 15 (iv) The authorization has been combined with other documents to create a compound 16 authorization; or 17 (v) The provision of goods or services is conditioned on the consumer signing the 18 authorization. 19 (d) A copy of the signed valid authorization shall be provided to the consumer. 20 (e) The seller and purchaser of consumer health data shall retain a copy of all valid 21 authorizations for sale of consumer health data for six (6) years from the date of its signature or the 22 date when it was last in effect, whichever is later. 23 23-101.1-10. Geofence restrictions. 24 It is unlawful for any person to implement a geofence around an entity that provides in- 25 person healthcare services where such geofence is used to: 26 (1) Identify or track consumers seeking healthcare services; or, 27 (2) Collect consumer health data from consumers. 28 23-101.1-11. Application of consumer protection act. 29 The legislature finds that the practices covered by this chapter are matters vitally affecting 30 the public interest for the purpose of applying chapter 13.1 of title 6. A violation of this chapter is 31 not reasonable in relation to the development and preservation of business, and is an unfair or 32 deceptive act in trade or commerce and an unfair method of competition for the purpose of applying 33 chapter 13.1 of title 6. 34 LC004011 - Page 14 of 17 23-101.1-12. Exemptions. 1 (a) This chapter does not apply to: 2 (1) Information that meets the definition of: 3 (i) Protected health information for purposes of the federal Health Insurance Portability 4 and Accountability Act of 1996, as amended, and related regulations; 5 (ii) Healthcare information collected, used, or disclosed in accordance with chapter 37.3 of 6 title 5; 7 (iii) Patient identifying information collected, used, or disclosed in accordance with 42 8 C.F.R. Part 2, established pursuant to 42 U.S.C. Sec. 290dd-2; 9 (iv) Identifiable private information for purposes of the federal policy for the protection of 10 human subjects, 45 C.F.R. Part 46; identifiable private information that is otherwise information 11 collected as part of human subjects research pursuant to the good clinical practice guidelines issued 12 by the international council for harmonization; the protection of human subjects under 21 C.F.R. 13 Parts 50 and 56; or personal data used or shared in research conducted in accordance with one or 14 more of the requirements set forth in this subsection; 15 (v) Information and documents created specifically for, and collected and maintained by: 16 (A) A quality improvement program for purposes of chapter 17.17 of title 23; 17 (B) A peer review committee for purposes of § 23-17-25; 18 (C) A quality assurance committee for purposes of chapter 17.17 of title 23; or 19 (D) A hospital, for reporting of healthcare-associated adverse events for purposes of § 23- 20 17-40. 21 (vi) Information and documents created for purposes of the federal Health Care Quality 22 Improvement Act of 1986, and related regulations; 23 (vii) Patient safety work product for purposes of 42 C.F.R. Part 3, established pursuant to 24 42 U.S.C. Sec. 299b-21 through 299b-26; 25 (viii) Information that is: 26 (A) Deidentified in accordance with the requirements for deidentification set forth in 45 27 C.F.R. Part 164; and 28 (B) Derived from any of the healthcare-related information listed in subsection (a)(1)(viii) 29 of this section; 30 (2) Information originating from, and intermingled to be indistinguishable with, 31 information under subsection (a)(1) of this section that is maintained by: 32 (i) A covered entity or business associate as defined by the federal Health Insurance 33 Portability and Accountability Act of 1996, as amended, and related regulations; 34 LC004011 - Page 15 of 17 (ii) A healthcare facility or healthcare provider; or 1 (iii) A program or a qualified service organization as defined by 42 C.F.R. Part 2, 2 established pursuant to 42 U.S.C. Sec. 290dd-2; 3 (3) Information used only for public health activities and purposes as described in 45 C.F.R. 4 Sec. 164.512 or that is part of a limited data set, as defined, and is used, disclosed, and maintained 5 in the manner required, by 45 C.F.R. Sec. 164.514 or corresponding state law. 6 (b) Personal information that is governed by and collected, used, or disclosed pursuant to 7 the following regulations, parts, titles, or acts, is exempt from this chapter: 8 (i) The Gramm-Leach-Bliley act (15 U.S.C. 6801 et seq.) and implementing regulations; 9 (ii) Part C of Title XI of the Social Security Act (42 U.S.C. 1320d et seq.); 10 (iii) The Fair Credit Reporting Act (15 U.S.C. 1681 et seq.); 11 (iv) The Family Educational Rights and Privacy Act (20 U.S.C. 1232g; Part 99 of Title 34, 12 C.F.R.); 13 (v) The Rhode Island health benefit exchange and applicable statutes and regulations, 14 including 45 C.F.R. Sec. 155.260 and §§ 42-157-1 et seq.; or 15 (vi) Privacy rules adopted by the office of the insurance commissioner. 16 (c) The obligations imposed on regulated entities, small businesses, and processors under 17 this chapter does not restrict a regulated entity's, small businesses, or processor's ability for 18 collection, use, or disclosure of consumer health data to prevent, detect, protect against, or respond 19 to security incidents, identity theft, fraud, harassment, malicious or deceptive activities, or any 20 activity that is illegal under Rhode Island law or federal law; preserve the integrity or security of 21 systems; or investigate, report, or prosecute those responsible for any such action that is illegal 22 under Rhode Island law or federal law. 23 (4) If a regulated entity, small business, or processor processes consumer health data 24 pursuant to subsection (a)(3) of this section, such entity bears the burden of demonstrating that such 25 processing qualifies for the exemption and complies with the requirements of this section. 26 23-101.1-13. Penalties and remedies. 27 (a) A person who alleges a violation of this chapter may bring a civil action for appropriate 28 injunctive relief and compensatory and punitive damages in the superior court for the county where 29 the alleged violation occurred, the county where the complainant resides, or the county where the 30 person against whom the civil complaint is filed resides or has their principal place of business. A 31 prevailing plaintiff shall be entitled to an award of reasonable attorneys’ fees and costs. 32 (b) A violation of this chapter shall also constitute a deceptive trade practice in violation 33 of chapter 13.1 of title 6, and the attorney general may bring an enforcement action over violations 34 LC004011 - Page 16 of 17 of this chapter. 1 SECTION 2. This act shall take effect upon passage. 2 ======== LC004011 ======== LC004011 - Page 17 of 17 EXPLANATION BY THE LEGISLATIVE COUNCIL OF A N A C T RELATING TO HEALTH AND SAFETY -- REPRODUCTIVE FREEDOM AND GENDER AFFIRMING CARE HEALTH DATA PRIVACY ACT *** This act would classify research, intent and interest in healthcare services as protected 1 healthcare data. The act sets forth additional responsibilities for regulated entities that seek to 2 collect and share consumer data including a requirement for specific and conspicuous consumer 3 consent. It requires separate conspicuous consent from the consumer to sell this data. The act further 4 stipulates acceptable uses for the data and what rights the consumer has regarding their data. 5 This act would take effect upon passage. 6 ======== LC004011 ========