FINAL BILL REPORT
SB 5421
C 45 L 23
Synopsis as Enacted
Brief Description: Exempting benefit enrollment information collected and maintained by the health care authority from public inspection and copying under the public records act.
Sponsors: Senators Conway and Van De Wege.
Senate Committee on State Government & Elections
House Committee on State Government & Tribal Relations
Background:

Public Records Act.  The Public Records Act (PRA), enacted in 1972 as part of Initiative 276, requires all state and local government agencies to make all public records available for public inspection and copying, unless certain statutory exemptions apply.  Over 500 specific references in the PRA or other statutes remove certain information from application of the PRA, provide exceptions to the public disclosure and copying of certain information, or designate certain information as confidential.  The provisions requiring public records disclosure must be interpreted liberally, while the exemptions are interpreted narrowly to effectuate the general policy favoring disclosure.

 

Employment and Licensing Information.  There are several statutory exemptions from public disclosure for records related to employment and licensing information.  These exemptions include information held by a government agency in personnel and volunteer records for active employees or volunteers, such as residential addresses, telephone numbers, electronic mail addresses, and social security numbers.  

 

Information voluntarily submitted to a state agency or higher education institution that identifies an individual's race or ethnicity, sexual orientation, national origin, or disability status is also exempt from the PRA's disclosure requirements. The exemption does not apply to deidentified or aggregated information. 

 

The Public and School Employees' Benefits Boards.  The Health Care Authority (HCA), through the Public Employee Benefits Board (PEBB), provides medical benefits for retired employees of the state, participating local governments, and school employees covered by the School Employees' Benefits Board (SEBB).

Summary:

The following information collected and maintained by HCA as director of PEBB and SEBB is exempt from public disclosure requirements, except in deidentified or aggregate formats:

  • addresses, phone numbers, e-mail addresses, social security numbers, driver's license or identicard numbers, and emergency contact information;
  • personal demographic details such as race, ethnicity, sexual orientation, immigration status, national origin, or status as a person with a disability;
  • benefit elections;
  • documents such as tax returns, or marriage or birth certificates used to verify dependency;
  • marital status;
  • primary language spoken;
  • tobacco use status; and
  • tribal affiliation.
Votes on Final Passage:
Senate 49 0
House 94 2
Effective:

July 23, 2023