BILL REQ. #:  S-3420.2 

Read first time 01/20/14.   Referred to Committee on Health Care .

     AN ACT Relating to state and local agencies that obtain patient health care information; amending RCW 70.02.290; and providing an effective date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 70.02.290 and 2013 c 200 s 13 are each amended to read as follows:
     (1) All state or local agencies obtaining patient health care information pursuant to RCW 70.02.050 and 70.02.200 through 70.02.240 that are not health care facilities or providers shall adopt rules establishing their record acquisition, retention, destruction, and security policies that are consistent with this chapter.
     (2) State and local agencies that inadvertently obtain health care information not requested pursuant to this chapter must not use or disclose this information. Information so obtained must, within five business days of its discovery:
     (a) Be destroyed in accordance with the policy developed under subsection (1) of this section; or
     (b) Be returned to the entity that provided the information to the state or local agency if the entity is a health care facility or provider and subject to this chapter.
     (3) If the information under subsection (2) of this section is disclosed to any entity other than the entity that provided it to the state or local agency, the state or local agency must, if feasible, notify the person whose information has been disclosed of the disclosure and whether the information has subsequently been destroyed or returned to the health care facility or provider. The notice provided under this subsection must be provided within five business days of discovery of the disclosure and must include the name of the entity that originally provided the information to the agency.
     (4) Rules adopted under this section must be available through each agency's web site.

NEW SECTION.  Sec. 2   This act takes effect July 1, 2014.