FINAL BILL REPORT

HB 2545

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

C 282 L 20

Synopsis as Enacted

Brief Description: Making jail records available to managed health care systems.

Sponsors: Representatives Davis, Klippert, Goodman, Robinson, Macri, Griffey, Cody, Sutherland, Graham, Pellicciotti, Leavitt and Ormsby.

House Committee on Public Safety

Senate Committee on Human Services, Reentry & Rehabilitation

Background:

Jail Records.

The records of a person confined in jail are generally held in confidence. However, records may be released to criminal justice agencies, in jail inspections or jail certification proceedings, in court proceedings upon written order of the court, to the Washington Association of Sheriffs and Police Chiefs, to named agencies for the purpose of research in the public interest, or with the permission of the person.

In addition, jail records may be released to government agencies to determine eligibility for services, including medical, mental health, chemical dependency treatment, and veterans' services. Records may also be released to government agencies to allow for the provision of treatment to inmates during their confinement or after release. Government agencies that receive jail records must treat the records as confidential. Jails that provide inmate records under appropriate authority are not responsible for unlawful secondary disclosures of the records.

Managed Care.

The Health Care Authority provides medical care services to eligible low-income state residents and their families, primarily through the Medicaid program.  Coverage for medical services is primarily provided through managed care systems.  Managed care is a prepaid, comprehensive system for delivering a complete medical benefits package that is available for eligible families, children under age 19, low-income adults, certain disabled individuals, and pregnant women.  Since January 1, 2020, all behavioral health services and medical care services have been fully integrated in a managed care health system for most Medicaid clients and operated by managed care organizations. While most Medicaid clients receive behavioral health services through a managed health care system, behavioral health administrative service organizations administer certain behavioral health services that are not covered by the managed health care system within a specific regional service area.

Summary:

Managed health care systems, including managed care organizations and behavioral health administrative services organizations, may access jail records for the purpose of care coordination activities. The receiving entity must hold the records in confidence and must comply with all relevant state and federal statutes regarding privacy of disclosed records.

Votes on Final Passage:

House

96

0

Senate

48

0

(Senate amended)

House

96

0

(House concurred)

Effective:

June 11, 2020