HOUSE BILL REPORT
SB 5773
This analysis was prepared by non-partisan legislative staff for the use of legislative members in
their deliberations. This analysis is not a part of the legislation nor does it constitute a
statement of legislative intent.
As Reported by House Committee On:
Health Care & Wellness
Title: An act relating to treatment records.
Brief Description: Modifying treatment records provisions.
Sponsors: Senators Hargrove, Parlette and Keiser; by request of Department of Social and Health Services.
Brief History:
Health Care & Wellness: 3/26/07, 3/28/07 [DP].
Brief Summary of Bill |
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HOUSE COMMITTEE ON HEALTH CARE & WELLNESS
Majority Report: Do pass. Signed by 13 members: Representatives Cody, Chair; Morrell, Vice Chair; Hinkle, Ranking Minority Member; Alexander, Assistant Ranking Minority Member; Barlow, Campbell, Condotta, Curtis, Green, Moeller, Pedersen, Schual-Berke and Seaquist.
Staff: Chris Cordes (786-7103).
Background:
Both federal and state laws regulate the confidentiality of health care records. Under the
federal Health Insurance Portability and Accountability Act of 1996 (HIPAA), individually
identifiable health information is generally protected, including information that relates to
payment for the individual's health care. However, the HIPAA allows protected records to be
disclosed for treatment activities of a health care provider.
Under Washington law, health care information is confidential and may be released only with
the consent of the patient or as provided by law. The limited circumstances in which mental
health treatment records may be released without consent include release to the Department
of Social and Health Services (DSHS) or the director or staff of a mental health regional
support network (RSN) for billing or collection purposes. Mental health treatment records
may also be released for various specified treatment purposes.
Mental health treatment records include all records that concern persons who are receiving, or
who have received, mental health services and that are kept by the DSHS, the RSN, and
treatment facilities.
Summary of Bill:
The DSHS may, to coordinate health care, release mental health treatment record information
acquired for billing and collection purposes to a mental health patient's current treating
providers with prescriptive authority. The provider must have written a prescription within
the last 12 months.
The DSHS must notify the patient about the substance of the information released and to
whom it was released. The DSHS may not release counseling, inpatient psychiatric
hospitalization, or drug and alcohol treatment information without the patient's signed written
release.
The definition of "treatment records" is amended to include mental health information in a
medical bill, such as mental health drugs, a mental health diagnosis, provider name, and dates
of medical service.
Appropriation: None.
Fiscal Note: Available.
Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.
Staff Summary of Public Testimony:
(In support) None.
(Opposed) None.
Persons Testifying: None.