WSR 25-03-038
PERMANENT RULES
HEALTH CARE AUTHORITY
[Filed January 8, 2025, 9:36 a.m., effective February 8, 2025]
Effective Date of Rule: Thirty-one days after filing.
Purpose: These rules allow the prescription drug affordability board and the health care cost transparency board to access prescription drug cost data collected by the drug price transparency program.
Citation of Rules Affected by this Order: Amending WAC 182-51-0900.
Other Authority: RCW
70.390.050 (2SHB 1508, section 2 (2)(a), chapter 80, Laws of 2024).
Adopted under notice filed as WSR 24-24-052 on November 26, 2024.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Date Adopted: January 8, 2025.
Wendy Barcus
Rules Coordinator
OTS-5960.2
AMENDATORY SECTION(Amending WSR 21-10-008, filed 4/22/21, effective 5/23/21)
WAC 182-51-0900Data confidentiality.
(1)
For the purpose of reviewing drug prices and conducting affordability reviews, the following boards may access all data collected under RCW 43.71C.020 through 43.71C.080 and any analysis prepared by the authority:(a) The prescription drug affordability board, as established in chapter 70.405 RCW; and (b) The health care cost transparency board, as established in chapter 70.390 RCW. (2) The authority provides data only after the data recipient, as defined by this chapter, has signed a nondisclosure agreement. The authority may prohibit access to or use of the data by a data recipient who violates the nondisclosure agreement.
(((2)))(3) Data recipients must keep data confidential by:
(a) Accessing, using, and disclosing information only in accordance with this section and consistent with applicable statutes, regulations, and policies;
(b) Having a public policy purpose to access and use the confidential information according to chapter
43.71C RCW;
(c) Protecting all confidential information against unauthorized use, access, disclosure, or loss by employing reasonable security measures, including physically securing any computers, documents, or other media containing confidential information and viewing confidential information only on secure workstations in nonpublic areas;
(d) Destroying all confidential information when it is no longer needed to perform authorized activities; and
(e) Adhering to the confidentiality requirements in this section after the data recipient is no longer an authorized data recipient under RCW
43.71C.100.
(((3)))(4) Data recipients must not:
(a) Disclose any confidential information, as defined by WAC 182-51-0100, or otherwise publicly release the confidential information;
(b) Use or disclose any confidential information for any commercial or personal purpose, or any other purpose that is not authorized in chapter
43.17C RCW;
(c) Attempt to identify people who are the subject of the confidential information;
(d) Discuss confidential information in public spaces in a manner in which unauthorized individuals could overhear;
(e) Discuss confidential information with unauthorized individuals, including spouses, domestic partners, family members, or friends;
(f) Have any conflicts of interests under the ethics in public service act that would prevent the data recipient from accessing or using confidential information; and
(g) Share information received according to this chapter with any person who is not authorized to receive confidential information as specified by this chapter.