S-2800.4 _______________________________________________
SUBSTITUTE SENATE BILL 6092
_______________________________________________
State of Washington 55th Legislature 1997 Regular Session
By Senate Committee on Ways & Means (originally sponsored by Senators West and Deccio)
Read first time 04/07/97.
AN ACT Relating to abolishing the state health care policy board; amending RCW 41.05.021, 43.70.054, 43.70.066, 43.70.068, 43.72.300, and 43.72.310; reenacting and amending RCW 42.17.310; adding a new section to chapter 43.72 RCW; repealing RCW 43.72.320, 43.73.010, 43.73.020, 43.73.030, and 43.73.040; repealing 1996 c 281 s 2 (uncodified); providing an effective date; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 41.05.021 and 1995 1st sp.s. c 6 s 7 are each amended to read as follows:
(1) The Washington state health care authority is created within the executive branch. The authority shall have an administrator appointed by the governor, with the consent of the senate. The administrator shall serve at the pleasure of the governor. The administrator may employ up to seven staff members, who shall be exempt from chapter 41.06 RCW, and any additional staff members as are necessary to administer this chapter. The administrator may delegate any power or duty vested in him or her by this chapter, including authority to make final decisions and enter final orders in hearings conducted under chapter 34.05 RCW. The primary duties of the authority shall be to: Administer state employees' insurance benefits and retired or disabled school employees' insurance benefits; administer the basic health plan pursuant to chapter 70.47 RCW; study state-purchased health care programs in order to maximize cost containment in these programs while ensuring access to quality health care; and implement state initiatives, joint purchasing strategies, and techniques for efficient administration that have potential application to all state-purchased health services. The authority's duties include, but are not limited to, the following:
(a) To administer health care benefit programs for employees and retired or disabled school employees as specifically authorized in RCW 41.05.065 and in accordance with the methods described in RCW 41.05.075, 41.05.140, and other provisions of this chapter;
(b) To analyze state-purchased health care programs and to explore options for cost containment and delivery alternatives for those programs that are consistent with the purposes of those programs, including, but not limited to:
(i) Creation of economic incentives for the persons for whom the state purchases health care to appropriately utilize and purchase health care services, including the development of flexible benefit plans to offset increases in individual financial responsibility;
(ii) Utilization of provider arrangements that encourage cost containment, including but not limited to prepaid delivery systems, utilization review, and prospective payment methods, and that ensure access to quality care, including assuring reasonable access to local providers, especially for employees residing in rural areas;
(iii) Coordination of state agency efforts to purchase drugs effectively as provided in RCW 70.14.050;
(iv) Development of recommendations and methods for purchasing medical equipment and supporting services on a volume discount basis; and
(v) Development of data systems to obtain utilization data from state-purchased health care programs in order to identify cost centers, utilization patterns, provider and hospital practice patterns, and procedure costs, utilizing the information obtained pursuant to RCW 41.05.031;
(c) To analyze areas of public and private health care interaction;
(d) To provide information and technical and administrative assistance to the board;
(e) To review and approve or deny applications from counties, municipalities, and other political subdivisions of the state to provide state-sponsored insurance or self-insurance programs to their employees in accordance with the provisions of RCW 41.04.205, setting the premium contribution for approved groups as outlined in RCW 41.05.050;
(f) To appoint a health care policy technical advisory committee as required by RCW 41.05.150;
(g) To establish billing procedures and collect funds from school districts and educational service districts under RCW 28A.400.400 in a way that minimizes the administrative burden on districts; and
(h) To promulgate and adopt rules consistent with this chapter as described in RCW 41.05.160.
(2) On and after January 1, 1996, the public employees' benefits board may implement strategies to promote managed competition among employee health benefit plans. Strategies may include but are not limited to:
(a) Standardizing the benefit package;
(b) Soliciting competitive bids for the benefit package;
(c) Limiting the state's contribution to a percent of the lowest priced qualified plan within a geographical area;
(d) Monitoring the impact of the approach under this subsection with regards to: Efficiencies in health service delivery, cost shifts to subscribers, access to and choice of managed care plans state-wide, and quality of health services. The health care authority shall also advise on the value of administering a benchmark employer-managed plan to promote competition among managed care plans. The health care authority shall report its findings and recommendations to the legislature by January 1, 1997.
(3) The health care authority shall, no later than July 1, 1996, submit to the appropriate committees of the legislature, proposed methods whereby, through the use of a voucher-type process, state employees may enroll with any health carrier to receive employee benefits. Such methods shall include the employee option of participating in a health care savings account, as set forth in Title 48 RCW.
(((4)
The Washington health care policy board shall study the necessity and
desirability of the health care authority continuing as a self-insuring entity
and make recommendations to the appropriate committees of the legislature by
December 1, 1996.))
Sec. 2. RCW 43.70.054 and 1995 c 267 s 2 are each amended to read as follows:
(1)
To promote the public interest consistent with chapter 267, Laws of 1995, the
department of health, in cooperation with the ((health care policy board and
the)) information services board established under RCW 43.105.032, shall
develop health care data standards to be used by, and developed in
collaboration with, consumers, purchasers, health carriers, providers, and
state government as consistent with the intent of chapter 492, Laws of 1993 as
amended by chapter 267, Laws of 1995, to promote the delivery of quality health
services that improve health outcomes for state residents. The data standards
shall include content, coding, confidentiality, and transmission standards for
all health care data elements necessary to support the intent of this section,
and to improve administrative efficiency and reduce cost. Purchasers, as
allowed by federal law, health carriers, health facilities and providers as
defined in chapter 48.43 RCW, and state government shall utilize the data
standards. The information and data elements shall be reported as the
department of health directs by rule in accordance with data standards
developed under this section.
(2)
The health care data collected, maintained, and studied by the department under
this section((, the health care policy board,)) or any other entity:
(a) Shall include a method of associating all information on health care costs
and services with discrete cases; (b) shall not contain any means of
determining the personal identity of any enrollee, provider, or facility; (c)
shall only be available for retrieval in original or processed form to public
and private requesters; (d) shall be available within a reasonable period of
time after the date of request; and (e) shall give strong consideration to data
standards that achieve national uniformity.
(3) The cost of retrieving data for state officials and agencies shall be funded through state general appropriation. The cost of retrieving data for individuals and organizations engaged in research or private use of data or studies shall be funded by a fee schedule developed by the department that reflects the direct cost of retrieving the data or study in the requested form.
(4) All persons subject to this section shall comply with departmental requirements established by rule in the acquisition of data, however, the department shall adopt no rule or effect no policy implementing the provisions of this section without an act of law.
(5) The department shall submit developed health care data standards to the appropriate committees of the legislature by December 31, 1995.
Sec. 3. RCW 43.70.066 and 1995 c 267 s 4 are each amended to read as follows:
(1)
The department of health ((in consultation with the health policy board))
shall study the feasibility of a uniform quality assurance and improvement program
for use by all public and private health plans and health care providers and
facilities. In this study, the department shall consult with:
(a) Public and private purchasers of health care services;
(b) Health carriers;
(c) Health care providers and facilities; and
(d) Consumers of health services.
(2) In conducting the study, the department shall propose standards that meet the needs of affected persons and organizations, whether public or private, without creation of differing levels of quality assurance. All consumers of health services should be afforded the same level of quality assurance.
(3) At a minimum, the study shall include but not be limited to the following program components and indicators appropriate for consumer disclosure:
(a) Health care provider training, credentialing, and licensure standards;
(b) Health care facility credentialing and recredentialing;
(c) Staff ratios in health care facilities;
(d) Annual mortality and morbidity rates of cases based on a defined set of procedures performed or diagnoses treated in health care facilities, adjusted to fairly consider variable factors such as patient demographics and case severity;
(e) The average total cost and average length of hospital stay for a defined set of procedures and diagnoses;
(f) The total number of the defined set of procedures, by specialty, performed by each physician at a health care facility within the previous twelve months;
(g) Utilization performance profiles by provider, both primary care and specialty care, that have been adjusted to fairly consider variable factors such as patient demographics and severity of case;
(h) Health plan fiscal performance standards;
(i) Health care provider and facility recordkeeping and reporting standards;
(j) Health care utilization management that monitors trends in health service underutilization, as well as overutilization of services;
(k) Health monitoring that is responsive to consumer, purchaser, and public health assessment needs; and
(l) Assessment of consumer satisfaction and disclosure of consumer survey results.
(4) In conducting the study, the department shall develop standards that permit each health care facility, provider group, or health carrier to assume responsibility for and determine the physical method of collection, storage, and assimilation of quality indicators for consumer disclosure. The study may define the forms, frequency, and posting requirements for disclosure of information.
In developing proposed standards under this subsection, the department shall identify options that would minimize provider burden and administrative cost resulting from duplicative private sector data submission requirements.
(5) The department shall submit a preliminary report to the legislature by December 31, 1995, including recommendations for initial legislation pursuant to subsection (6) of this section, and shall submit supplementary reports and recommendations as completed, consistent with appropriated funds and staffing.
(6) The department shall not adopt any rule implementing the uniform quality assurance program or consumer disclosure provisions unless expressly directed to do so by an act of law.
Sec. 4. RCW 43.70.068 and 1995 c 267 s 5 are each amended to read as follows:
((No
later than July 1, 1995, the health care policy board together with)) The
department of health, the health care authority, the department of social and
health services, the office of the insurance commissioner, and the department
of labor and industries shall form an interagency group for coordination and
consultation on quality assurance activities and collaboration on final
recommendations for the study required under RCW 43.70.066. ((By December
31, 1996, the group shall review all state agency programs governing health
service quality assurance, in light of legislative actions pursuant to RCW
43.70.066(6), and shall recommend to the legislature, the consolidation,
coordination, or elimination of rules and programs that would be made unnecessary
pursuant to the development of a uniform quality assurance and improvement
program.))
NEW SECTION. Sec. 5. A new section is added to chapter 43.72 RCW to read as follows:
As used in this chapter, "health carrier," "health care provider," "provider," "health plan," and "health care facility" have the same meaning as provided in RCW 48.43.005.
Sec. 6. RCW 43.72.300 and 1993 c 492 s 447 are each amended to read as follows:
(1)
The legislature recognizes that competition among health care providers,
facilities, payers, and purchasers will yield the best allocation of health
care resources, the lowest prices for health care services, and the
highest quality of health care when there exists a large number of buyers and
sellers, easily comparable health ((care)) plans and services, minimal
barriers to entry and exit into the health care market, and adequate
information for buyers and sellers to base purchasing and production
decisions. However, the legislature finds that purchasers of health care
services and health care coverage do not have adequate information upon which
to base purchasing decisions; that health care facilities and providers of
health care services face legal and market disincentives to develop economies
of scale or to provide the most cost-efficient and efficacious service; that
health insurers, contractors, and health maintenance organizations face market
disincentives in providing health care coverage to those Washington residents
with the most need for health care coverage; and that potential competitors in
the provision of health care coverage bear unequal burdens in entering the
market for health care coverage.
(2) The legislature therefore intends to exempt from state anti-trust laws, and to provide immunity from federal anti-trust laws through the state action doctrine for activities approved under this chapter that might otherwise be constrained by such laws and intends to displace competition in the health care market: To contain the aggregate cost of health care services; to promote the development of comprehensive, integrated, and cost-effective health care delivery systems through cooperative activities among health care providers and facilities; to promote comparability of health care coverage; to improve the cost-effectiveness in providing health care coverage relative to health promotion, disease prevention, and the amelioration or cure of illness; to assure universal access to a publicly determined, uniform package of health care benefits; and to create reasonable equity in the distribution of funds, treatment, and medical risk among purchasers of health care coverage, payers of health care services, providers of health care services, health care facilities, and Washington residents. To these ends, any lawful action taken pursuant to chapter 492, Laws of 1993 by any person or entity created or regulated by chapter 492, Laws of 1993 are declared to be taken pursuant to state statute and in furtherance of the public purposes of the state of Washington.
(3) The legislature does not intend and unless explicitly permitted in accordance with RCW 43.72.310 or under rules adopted pursuant to chapter 492, Laws of 1993, does not authorize any person or entity to engage in activities or to conspire to engage in activities that would constitute per se violations of state and federal anti-trust laws including but not limited to conspiracies or agreements:
(a) Among competing health care providers not to grant discounts, not to provide services, or to fix the price of their services;
(b)
Among ((certified)) health ((plans)) carriers as to the
price or level of reimbursement for health care services;
(c)
Among ((certified)) health ((plans)) carriers to boycott a
group or class of health care service providers;
(d)
Among purchasers of ((certified)) health plan coverage to boycott a
particular plan or class of plans;
(e)
Among ((certified)) health ((plans)) carriers to divide
the market for health care coverage; or
(f)
Among ((certified)) health ((plans)) carriers and
purchasers to attract or discourage enrollment of any Washington resident or
groups of residents in a ((certified)) health plan based upon the
perceived or actual risk of loss in including such resident or group of
residents in a ((certified)) health plan or purchasing group.
Sec. 7. RCW 43.72.310 and 1995 c 267 s 8 are each amended to read as follows:
(1)
((Until May 8, 1995, and after June 30, 1996, a certified)) A
health ((plan)) carrier, health care facility, health care
provider, or other person involved in the development, delivery, or marketing
of health care or ((certified)) health plans may request, in writing,
that the ((commission)) department of health obtain an informal
opinion from the attorney general as to whether particular conduct is
authorized by chapter 492, Laws of 1993. Trade secret or proprietary
information contained in a request for informal opinion shall be identified as
such and shall not be disclosed other than to an authorized employee of the ((commission))
department of health or attorney general without the consent of the
party making the request, except that information in summary or aggregate form
and market share data may be contained in the informal opinion issued by the
attorney general. The attorney general shall issue such opinion within thirty days
of receipt of a written request for an opinion or within thirty days of receipt
of any additional information requested by the attorney general necessary for
rendering an opinion unless extended by the attorney general for good cause
shown. If the attorney general concludes that such conduct is not authorized
by chapter 492, Laws of 1993, the person or organization making the request may
petition the ((commission)) department of health for review and
approval of such conduct in accordance with subsection (3) of this section.
(2)
After obtaining the written opinion of the attorney general and consistent with
such opinion, the ((health services commission)) department of health:
(a)
May authorize conduct by a ((certified)) health ((plan)) carrier,
health care facility, health care provider, or any other person that could tend
to lessen competition in the relevant market upon a strong showing that the
conduct is likely to achieve the policy goals of chapter 492, Laws of 1993 and
a more competitive alternative is impractical;
(b)
Shall adopt rules governing conduct among providers, health care facilities,
and ((certified)) health ((plans)) carriers including
rules governing provider and facility contracts with ((certified))
health ((plans)) carriers, rules governing the use of "most
favored nation" clauses and exclusive dealing clauses in such contracts,
and rules providing that ((certified)) health ((plans)) carriers
in rural areas contract with a sufficient number and type of health care
providers and facilities to ensure consumer access to local health care
services;
(c)
Shall adopt rules permitting health care providers within the service area of a
plan to collectively negotiate the terms and conditions of contracts with a ((certified))
health ((plan)) carrier including the ability of providers to
meet and communicate for the purposes of these negotiations; and
(d) Shall adopt rules governing cooperative activities among health care facilities and providers.
(3)
((Until May 8, 1995, and after June 30, 1996, a certified)) A
health ((plan)) carrier, health care facility, health care
provider, or any other person involved in the development, delivery, and
marketing of health care services or ((certified)) health plans
may file a written petition with the ((commission)) department of
health requesting approval of conduct that could tend to lessen competition
in the relevant market. Such petition shall be filed in a form and manner
prescribed by rule of the ((commission)) department of health.
The
((commission)) department of health shall issue a written
decision approving or denying a petition filed under this section within ninety
days of receipt of a properly completed written petition unless extended by the
((commission)) department of health for good cause shown. The
decision shall set forth findings as to benefits and disadvantages and
conclusions as to whether the benefits outweigh the disadvantages.
(4)
In authorizing conduct and adopting rules of conduct under this section, the ((commission))
department of health with the advice of the attorney general, shall
consider the benefits of such conduct in furthering the goals of health care
reform including but not limited to:
(a) Enhancement of the quality of health services to consumers;
(b) Gains in cost efficiency of health services;
(c) Improvements in utilization of health services and equipment;
(d) Avoidance of duplication of health services resources; or
(e)
And as to (b) and (c) of this subsection: (i) Facilitates the exchange of
information relating to performance expectations; (ii) simplifies the
negotiation of delivery arrangements and relationships; and (iii) reduces the
transactions costs on the part of ((certified)) health ((plans)) carriers
and providers in negotiating more cost-effective delivery arrangements.
These benefits must outweigh disadvantages including and not limited to:
(i)
Reduced competition among ((certified)) health ((plans)) carriers,
health care providers, or health care facilities;
(ii) Adverse impact on quality, availability, or price of health care services to consumers; or
(iii) The availability of arrangements less restrictive to competition that achieve the same benefits.
(5)
Conduct authorized by the ((commission)) department of health
shall be deemed taken pursuant to state statute and in the furtherance of the
public purposes of the state of Washington.
(6)
With the assistance of the attorney general's office, the ((commission))
department of health shall actively supervise any conduct authorized
under this section to determine whether such conduct or rules permitting
certain conduct should be continued and whether a more competitive alternative
is practical. The ((commission)) department of health shall
periodically review petitioned conduct through, at least, annual progress
reports from petitioners, annual or more frequent reviews by the ((commission))
department of health that evaluate whether the conduct is consistent
with the petition, and whether the benefits continue to outweigh any
disadvantages. If the ((commission)) department of health
determines that the likely benefits of any conduct approved through rule,
petition, or otherwise by the ((commission)) department of health
no longer outweigh the disadvantages attributable to potential reduction in
competition, the ((commission)) department of health shall order
a modification or discontinuance of such conduct. Conduct ordered discontinued
by the ((commission)) department of health shall no longer be
deemed to be taken pursuant to state statute and in the furtherance of the
public purposes of the state of Washington.
(7) Nothing contained in chapter 492, Laws of 1993 is intended to in any way limit the ability of rural hospital districts to enter into cooperative agreements and contracts pursuant to RCW 70.44.450 and chapter 39.34 RCW.
(8)
((Only requests for informal opinions under subsection (1) of this section
and petitions under subsection (3) of this section that were received prior to May
8, 1995, or after June 30, 1996, shall be considered.)) The secretary
of health shall from time to time establish fees to accompany the filing of a
petition under this section and for the active supervision of conduct approved
under this section. Such fees may vary according to the size of the
transaction proposed in the petition or under active supervision. In setting
such fees, the secretary shall consider that consumers and the public benefit
when activities meeting the standards of this section are permitted to proceed;
the importance of assuring that persons sponsoring beneficial activities are
not foreclosed from filing a petition under this section because of the fee;
and the necessity to avoid a conflict, or the appearance of a conflict, between
the interests of the department and the public. The fee for a petition shall
not exceed the level that will defray the reasonable costs the department and
attorney general incur in considering a petition and in no event shall be
greater than twenty-five thousand dollars. The fee for review of approved
conduct shall not exceed the level that will defray the reasonable costs the
department and attorney general incur in conducting such a review and in no
event shall be greater than ten thousand dollars per annum. The fees shall be
fixed by rule adopted in accordance with the provisions of the administrative
procedure act, chapter 34.05 RCW, and shall be deposited in the health
professions account established in accordance with RCW 43.70.320.
Sec. 8. RCW 42.17.310 and 1996 c 305 s 2, 1996 c 253 s 302, 1996 c 191 s 88, and 1996 c 80 s 1 are each reenacted and amended to read as follows:
(1) The following are exempt from public inspection and copying:
(a) Personal information in any files maintained for students in public schools, patients or clients of public institutions or public health agencies, or welfare recipients.
(b) Personal information in files maintained for employees, appointees, or elected officials of any public agency to the extent that disclosure would violate their right to privacy.
(c) Information required of any taxpayer in connection with the assessment or collection of any tax if the disclosure of the information to other persons would (i) be prohibited to such persons by RCW 82.32.330 or (ii) violate the taxpayer's right to privacy or result in unfair competitive disadvantage to the taxpayer.
(d) Specific intelligence information and specific investigative records compiled by investigative, law enforcement, and penology agencies, and state agencies vested with the responsibility to discipline members of any profession, the nondisclosure of which is essential to effective law enforcement or for the protection of any person's right to privacy.
(e) Information revealing the identity of persons who are witnesses to or victims of crime or who file complaints with investigative, law enforcement, or penology agencies, other than the public disclosure commission, if disclosure would endanger any person's life, physical safety, or property. If at the time a complaint is filed the complainant, victim or witness indicates a desire for disclosure or nondisclosure, such desire shall govern. However, all complaints filed with the public disclosure commission about any elected official or candidate for public office must be made in writing and signed by the complainant under oath.
(f) Test questions, scoring keys, and other examination data used to administer a license, employment, or academic examination.
(g) Except as provided by chapter 8.26 RCW, the contents of real estate appraisals, made for or by any agency relative to the acquisition or sale of property, until the project or prospective sale is abandoned or until such time as all of the property has been acquired or the property to which the sale appraisal relates is sold, but in no event shall disclosure be denied for more than three years after the appraisal.
(h) Valuable formulae, designs, drawings, and research data obtained by any agency within five years of the request for disclosure when disclosure would produce private gain and public loss.
(i) Preliminary drafts, notes, recommendations, and intra-agency memorandums in which opinions are expressed or policies formulated or recommended except that a specific record shall not be exempt when publicly cited by an agency in connection with any agency action.
(j) Records which are relevant to a controversy to which an agency is a party but which records would not be available to another party under the rules of pretrial discovery for causes pending in the superior courts.
(k) Records, maps, or other information identifying the location of archaeological sites in order to avoid the looting or depredation of such sites.
(l) Any library record, the primary purpose of which is to maintain control of library materials, or to gain access to information, which discloses or could be used to disclose the identity of a library user.
(m) Financial information supplied by or on behalf of a person, firm, or corporation for the purpose of qualifying to submit a bid or proposal for (i) a ferry system construction or repair contract as required by RCW 47.60.680 through 47.60.750 or (ii) highway construction or improvement as required by RCW 47.28.070.
(n) Railroad company contracts filed prior to July 28, 1991, with the utilities and transportation commission under RCW 81.34.070, except that the summaries of the contracts are open to public inspection and copying as otherwise provided by this chapter.
(o) Financial and commercial information and records supplied by private persons pertaining to export services provided pursuant to chapter 43.163 RCW and chapter 53.31 RCW, and by persons pertaining to export projects pursuant to RCW 43.23.035.
(p) Financial disclosures filed by private vocational schools under chapters 28B.85 and 28C.10 RCW.
(q) Records filed with the utilities and transportation commission or attorney general under RCW 80.04.095 that a court has determined are confidential under RCW 80.04.095.
(r) Financial and commercial information and records supplied by businesses or individuals during application for loans or program services provided by chapters 43.163, 43.160, 43.330, and 43.168 RCW, or during application for economic development loans or program services provided by any local agency.
(s) Membership lists or lists of members or owners of interests of units in timeshare projects, subdivisions, camping resorts, condominiums, land developments, or common-interest communities affiliated with such projects, regulated by the department of licensing, in the files or possession of the department.
(t) All applications for public employment, including the names of applicants, resumes, and other related materials submitted with respect to an applicant.
(u) The residential addresses and residential telephone numbers of employees or volunteers of a public agency which are held by the agency in personnel records, employment or volunteer rosters, or mailing lists of employees or volunteers.
(v) The residential addresses and residential telephone numbers of the customers of a public utility contained in the records or lists held by the public utility of which they are customers.
(w)(i) The federal social security number of individuals governed under chapter 18.130 RCW maintained in the files of the department of health, except this exemption does not apply to requests made directly to the department from federal, state, and local agencies of government, and national and state licensing, credentialing, investigatory, disciplinary, and examination organizations; (ii) the current residential address and current residential telephone number of a health care provider governed under chapter 18.130 RCW maintained in the files of the department, if the provider requests that this information be withheld from public inspection and copying, and provides to the department an accurate alternate or business address and business telephone number. On or after January 1, 1995, the current residential address and residential telephone number of a health care provider governed under RCW 18.130.140 maintained in the files of the department shall automatically be withheld from public inspection and copying unless the provider specifically requests the information be released, and except as provided for under RCW 42.17.260(9).
(x) Information obtained by the board of pharmacy as provided in RCW 69.45.090.
(y) Information obtained by the board of pharmacy or the department of health and its representatives as provided in RCW 69.41.044, 69.41.280, and 18.64.420.
(z) Financial information, business plans, examination reports, and any information produced or obtained in evaluating or examining a business and industrial development corporation organized or seeking certification under chapter 31.24 RCW.
(aa) Financial and commercial information supplied to the state investment board by any person when the information relates to the investment of public trust or retirement funds and when disclosure would result in loss to such funds or in private loss to the providers of this information.
(bb) Financial and valuable trade information under RCW 51.36.120.
(cc) Client records maintained by an agency that is a domestic violence program as defined in RCW 70.123.020 or 70.123.075 or a rape crisis center as defined in RCW 70.125.030.
(dd) Information that identifies a person who, while an agency employee: (i) Seeks advice, under an informal process established by the employing agency, in order to ascertain his or her rights in connection with a possible unfair practice under chapter 49.60 RCW against the person; and (ii) requests his or her identity or any identifying information not be disclosed.
(ee) Investigative records compiled by an employing agency conducting a current investigation of a possible unfair practice under chapter 49.60 RCW or of a possible violation of other federal, state, or local laws prohibiting discrimination in employment.
(ff) Business related information protected from public inspection and copying under RCW 15.86.110.
(gg) Financial, commercial, operations, and technical and research information and data submitted to or obtained by the clean Washington center in applications for, or delivery of, program services under chapter 70.95H RCW.
(hh) Information and documents created specifically for, and collected and maintained by a quality improvement committee pursuant to RCW 43.70.510, regardless of which agency is in possession of the information and documents.
(ii) Personal information in files maintained in a data base created under RCW 43.07.360.
(jj) Proprietary financial and commercial information that the submitting entity, with review by the department of health, specifically identifies at the time it is submitted and that is provided to or obtained by the department of health in connection with an application for, or the supervision of, an antitrust exemption sought by the submitting entity under RCW 43.72.310. If a request for such information is received, the submitting entity must be notified of the request. Within ten business days of receipt of the notice, the submitting entity shall provide a written statement of the continuing need for confidentiality, which shall be provided to the requester. Upon receipt of such notice, the department of health shall continue to treat information designated under this section as exempt from disclosure. If the requester initiates an action to compel disclosure under this chapter, the submitting entity must be joined as a party to demonstrate the continuing need for confidentiality.
(2) Except for information described in subsection (1)(c)(i) of this section and confidential income data exempted from public inspection pursuant to RCW 84.40.020, the exemptions of this section are inapplicable to the extent that information, the disclosure of which would violate personal privacy or vital governmental interests, can be deleted from the specific records sought. No exemption may be construed to permit the nondisclosure of statistical information not descriptive of any readily identifiable person or persons.
(3) Inspection or copying of any specific records exempt under the provisions of this section may be permitted if the superior court in the county in which the record is maintained finds, after a hearing with notice thereof to every person in interest and the agency, that the exemption of such records is clearly unnecessary to protect any individual's right of privacy or any vital governmental function.
(4) Agency responses refusing, in whole or in part, inspection of any public record shall include a statement of the specific exemption authorizing the withholding of the record (or part) and a brief explanation of how the exemption applies to the record withheld.
NEW SECTION. Sec. 9. The following acts or parts of acts are each repealed:
(1) RCW 43.72.320 and 1995 c 267 s 10;
(2) RCW 43.73.010 and 1995 c 265 s 9;
(3) RCW 43.73.020 and 1995 c 265 s 10;
(4) RCW 43.73.030 and 1995 c 265 s 11;
(5) RCW 43.73.040 and 1995 c 265 s 12; and
(6) 1996 c 281 s 2 (uncodified).
NEW SECTION. Sec. 10. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 1997.
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