AN
ACT Relating to offenders; amending RCW 70.02.050; and creating a new section.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. The
people of Washington state have an interest in obtaining accurate information
about inmates on death row or who attempt to use a medical condition to win a
release from confinement. The legislature finds that in such cases the
people's interest is greater than the inmate's interest in confidentiality, and
therefore intends to require, upon request, certain disclosures of such
inmates' health care information without their authorization.
Sec.
2. RCW
70.02.050 and 1993 c 448 s 4 are each amended to read as follows:
(1)
A health care provider may disclose health care information about a patient
without the patient's authorization to the extent a recipient needs to know the
information, if the disclosure is:
(a)
To a person who the provider reasonably believes is providing health care to
the patient;
(b)
To any other person who requires health care information for health care
education, or to provide planning, quality assurance, peer review, or
administrative, legal, financial, or actuarial services to the health care
provider; or for assisting the health care provider in the delivery of health
care and the health care provider reasonably believes that the person:
(i)
Will not use or disclose the health care information for any other purpose; and
(ii)
Will take appropriate steps to protect the health care information;
(c)
To any other health care provider reasonably believed to have previously
provided health care to the patient, to the extent necessary to provide health
care to the patient, unless the patient has instructed the health care provider
in writing not to make the disclosure;
(d)
To any person if the health care provider reasonably believes that disclosure
will avoid or minimize an imminent danger to the health or safety of the
patient or any other individual, however there is no obligation under this
chapter on the part of the provider to so disclose;
(e)
Oral, and made to immediate family members of the patient, or any other
individual with whom the patient is known to have a close personal
relationship, if made in accordance with good medical or other professional
practice, unless the patient has instructed the health care provider in writing
not to make the disclosure;
(f)
To a health care provider who is the successor in interest to the health care
provider maintaining the health care information;
(g)
For use in a research project that an institutional review board has
determined:
(i)
Is of sufficient importance to outweigh the intrusion into the privacy of the
patient that would result from the disclosure;
(ii)
Is impracticable without the use or disclosure of the health care information
in individually identifiable form;
(iii)
Contains reasonable safeguards to protect the information from redisclosure;
(iv)
Contains reasonable safeguards to protect against identifying, directly or
indirectly, any patient in any report of the research project; and
(v)
Contains procedures to remove or destroy at the earliest opportunity,
consistent with the purposes of the project, information that would enable the
patient to be identified, unless an institutional review board authorizes
retention of identifying information for purposes of another research project;
(h)
To a person who obtains information for purposes of an audit, if that person
agrees in writing to:
(i)
Remove or destroy, at the earliest opportunity consistent with the purpose of
the audit, information that would enable the patient to be identified; and
(ii)
Not to disclose the information further, except to accomplish the audit or
report unlawful or improper conduct involving fraud in payment for health care
by a health care provider or patient, or other unlawful conduct by the health
care provider;
(i)
To an official of a penal or other custodial institution in which the patient
is detained;
(j)
To provide directory information, unless the patient has instructed the health
care provider not to make the disclosure;
(k)
In the case of a hospital or health care provider to provide, in cases reported
by fire, police, sheriff, or other public authority, name, residence, sex, age,
occupation, condition, diagnosis, or extent and location of injuries as determined
by a physician, and whether the patient was conscious when admitted.
(2)
A health care provider shall disclose health care information about a patient
without the patient's authorization if the disclosure is:
(a)
To federal, state, or local public health authorities, to the extent the health
care provider is required by law to report health care information; when needed
to determine compliance with state or federal licensure, certification or
registration rules or laws; or when needed to protect the public health;
(b)
To federal, state, or local law enforcement authorities to the extent the
health care provider is required by law;
(c)
Pursuant to compulsory process in accordance with RCW 70.02.060.
(3)
Notwithstanding RCW 70.24.105(4) or any other provision of this section, the
department of corrections or a local correctional facility shall without the
inmate's authorization, upon request, disclose health care information that the
department or facility obtained in its capacity as the inmate's health care
provider relative to:
(a)
A person sentenced to death; or
(b)
A medical condition used by an inmate in confinement as defined in RCW
9.94A.030 as a ground for an attempt to overturn a conviction, or to obtain
release under a personal restraint petition or any other form of appeal
including a request for pardon or clemency.
(4) All state or local agencies obtaining patient health
care information pursuant to this section shall adopt rules establishing their
record acquisition, retention, and security policies that are consistent with
this chapter.
