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ENGROSSED
SENATE BILL 5258
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Passed
Legislature - 2001 Regular Session
State
of Washington 57th Legislature 2001 Regular Session
By
Read
first time 01/17/2001. Referred to Committee on Health & Long‑Term
Care.
Regulating disclosure of health care information.
AN
ACT Relating to disclosure of health care information; and amending RCW
70.24.084 and 70.02.150.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
70.24.084 and 1999 c 391 s 4 are each amended to read as follows:
(1)
Any person aggrieved by a violation of this chapter shall have a right of
action in superior court and may recover for each violation:
(a)
Against any person who negligently violates a provision of this chapter, one
thousand dollars, or actual damages, whichever is greater, for each violation.
(b)
Against any person who intentionally or recklessly violates a provision of this
chapter, ten thousand dollars, or actual damages, whichever is greater, for
each violation.
(c)
Reasonable attorneys' fees and costs.
(d)
Such other relief, including an injunction, as the court may deem appropriate.
(2)
Any action under this chapter is barred unless the action is commenced within
three years after the cause of action accrues.
(3)
Nothing in this chapter limits the rights of the subject of a test for a
sexually transmitted disease to recover damages or other relief under any other
applicable law.
(4)
Nothing in this chapter may be construed to impose civil liability or criminal
sanction for disclosure of a test result for a sexually transmitted disease in
accordance with any reporting requirement for a diagnosed case of sexually
transmitted disease by the department or the centers for disease control of the
United States public health service.
(5) It is a negligent violation of this chapter to cause an
unauthorized communication of confidential sexually transmitted disease
information by facsimile transmission or otherwise communicating the
information to an unauthorized recipient when the sender knew or had reason to
know the facsimile transmission telephone number or other transmittal
information was incorrect or outdated.
Sec.
2. RCW
70.02.150 and 1991 c 335 s 701 are each amended to read as follows:
A
health care provider shall effect reasonable safeguards for the security of all
health care information it maintains.
Reasonable
safeguards shall include affirmative action to delete outdated and incorrect
facsimile transmission or other telephone transmittal numbers from computer,
facsimile, or other data bases. When health care information is transmitted
electronically to a recipient who is not regularly transmitted health care
information from the health care provider, the health care provider shall verify
that the number is accurate prior to transmission.
Passed the Senate March 12, 2001.
Passed the House April 4, 2001.
Approved by the Governor
April 13, 2001.
Filed
in Office of Secretary of State April 13, 2001.
