BP BHEAD INT S

AN ACT Relating to public transportation systems; adding a new chapter to Title 47 RCW; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. In order to provide more adequate access to transportation services for persons with disabilities having special transportation needs, and to more efficiently utilize public and private funds expended for that purpose, all agencies or authorities that assist or provide special transportation services are required to share authorized health care information to provide efficient application and certification processes for paratransit riders who wish to ride in more than one agency's or authority's jurisdiction. The agency or authority must:

(1) Adopt a process for persons with paratransit eligibility to authorize disclosure of health care information; and

(2) Develop an integrated system of special transportation, providing efficient application and certification processes for interagency transportation of paratransit eligible persons.

NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter:

(1) "Interagency trip" means a trip that involves more than one public transportation provider and may require a transfer between vehicles from one public transportation provider to the vehicle of another public transportation provider.

(2) "Paratransit eligibility" means a person certified as eligible for paratransit service under the Americans with Disabilities Act by a public transportation provider, consistent with 49 C.F.R. Sec. 37.123 and 37.125 (1995), as existing on the effective date of this act.

(3) "Special transportation service" means motor vehicle transportation provided on a regular basis by a public or private entity or person for compensation that is designated exclusively or primarily to serve individuals who are handicapped and are unable to use regular means of transportation. Special transportation service includes, but is not limited to, service provided by specially equipped buses, vans, and ferries.

NEW SECTION. Sec. 3. (1) A person with paratransit eligibility may authorize a special transportation service provider to disclose the person's health care information to another special transportation service provider. A special transportation service provider shall honor an authorization and, if requested, provide a copy of the recorded health care information to the special transportation provider or applicant.

(2) In order to be valid, a health care disclosure authorization to a special transportation service provider shall:

(a) Identify the person with paratransit eligibility;

(b) Identify the nature of the information to be disclosed;

(d) Identify the provider who is to make the disclosure; and

(e) Be in writing, dated, and signed by the applicant.

(3) Except as provided by this chapter, the signing of an authorization by a person with paratransit eligibility is not a waiver of any rights the person has under other statutes, the rules of evidence, or common law.

NEW SECTION. Sec. 4. A person with paratransit eligibility may revoke in writing a health care disclosure authorization to a special transportation service provider. A person with paratransit eligibility may not maintain an action against a special transportation service provider for disclosures made in good faith reliance on an authorization if the special transportation service provider had no actual notice of the revocation of the authorization.

NEW SECTION. Sec. 5. The department of transportation, in conjunction with the Puget Sound regional council, shall evaluate the feasibility of a state-wide permit for paratransit riders and its relation to the smart card. The permit would provide for a single application process and uniform eligibility criteria, allowing paratransit riders to travel in or through any jurisdiction. The department of transportation, in conjunction with the Puget Sound regional council, shall also evaluate the feasibility of cross agency coordination of special transportation services. Findings and progress reports shall be reported to the legislative transportation committee by January 1, 1997.

NEW SECTION. Sec. 6. Sections 1 through 4 of this act shall constitute a new chapter in Title 47 RCW.