| Washington State House of Representatives Office of Program Research |
BILL ANALYSIS |
| Health Care & Wellness Committee | |
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.
Brief Description: Modifying treatment records provisions.
Sponsors: Senators Hargrove, Parlette and Keiser; by request of Department of Social and Health Services.
Brief Summary of Bill |
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Hearing Date: 3/26/07
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.