| SB 6265-S.E - DIGEST |
| (DIGEST AS ENACTED) |
Prohibits certain state and local agencies, that inadvertently obtain health care information, from using or disclosing the information. |
Requires the department of health to maintain the confidentiality of patient discharge data it collects. |
Exempts patient discharge data that includes direct and indirect identifiers from public inspection. |
Authorizes a person or entity functioning as a navigator to only request health care information that is relevant to the specific assessment and recommendation of health plan options. |
| VETO MESSAGE ON ESSB 6265 |
| April 4, 2014 |
| To the Honorable President and Members, |
| The Senate of the State of Washington |
| Ladies and Gentlemen: |
| I am returning herewith, without my approval as to Section 16, Engrossed Substitute Senate Bill No. 6265 entitled: |
"AN ACT Relating to state and local agencies that obtain patient health care information." |
| This bill is the result of a multi-year effort by stakeholders and legislators to consolidate and strengthen patient privacy protections and standards. It includes a Department of Health request bill for hospital data that are important for research and health improvement. |
| The measure establishes protocols for entities not covered by the Health Insurance Portability and Accountability Act -- popularly known as HIPAA -- if they inadvertently receive patient health information and prohibits them from disclosing the information. Among a number of provisions, the measure provides exceptions to the right of a patient to receive an accounting of all disclosures of information and records related to mental health that are the same as the exceptions for general health care information. |
| However, I am vetoing Section 16 due to an error that would create an ambiguity in law concerning how third-party payors share health care data necessary to process claim payments. The intent of the Legislature was clearly to apply the same exception process for third-party payors as is available under chapter 70.02 RCW for health care providers, but Section 16 inadvertently deletes "health care providers," which is a critical cross-reference term to apply the exception. The ambiguity could be disruptive for many self-insured employers and their third-party payors. |
| I am grateful to Sen. Frockt and Rep. Cody for their outstanding work on this bill. |
| For these reasons I have vetoed Section 16 of Engrossed Substitute Senate Bill No. 6265. |
| With the exception of Section 16, Engrossed Substitute Senate Bill No. 6265 is approved. |
| Respectfully submitted, |
| Jay Inslee |
| Governor |