AN
ACT Relating to disclosure of health care information without patient's
authorization; and amending RCW 70.02.050.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. 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)
To county coroners and medical examiners for the investigations of deaths;
(d)
Pursuant to compulsory process in accordance with RCW 70.02.060.
(3) 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.
