SENATE BILL REPORT

SB 5469

BYSenators Nelson and Talmadge

Revising record release criteria for alcoholism treatment facility patients.

Senate Committee on Health Care & Corrections

Senate Hearing Date(s):February 14, 1989; February 23, 1989

Majority Report:  That Substitute Senate Bill No. 5469 be substituted therefor, and the substitute bill do pass.

      Signed by Senators West, Chairman; Smith, Vice Chairman; Amondson, Johnson, Kreidler, Niemi, Wojahn.

Senate Staff:Kris Zabriskie (786-7439)

                  March 2, 1989

AS REPORTED BY COMMITTEE ON HEALTH CARE & CORRECTIONS, FEBRUARY 23, 1989

BACKGROUND:

Registration and other records of alcohol treatment facilities are confidential and privileged to the patient.  Truthful disclosure of such treatment is often required of a person applying for certain benefits, such as insurance coverage.

Some persons have fraudulently denied receiving such treatment, but allegations of fraud or perjury have been impossible to prove because the law does not allow the court to order disclosure.

SUMMARY:

A court may order a person's alcohol treatment records be disclosed after application showing good cause.  The records may also be disclosed when the patient has given prior written consent.

EFFECT OF PROPOSED SUBSTITUTE:

State law is broadened to bring it into accordance with federal law regarding disclosure of confidential patient records from alcoholism treatment facilities.  Disclosure of records is also allowed in cases of child abuse or neglect and/or when a patient commits or threatens to commit a crime on program premises or against program personnel.

Appropriation:    none

Revenue:    none

Fiscal Note:      requested January 26, 1989

Senate Committee - Testified: Ken Stark, DSHS (pro); Basil Badley, American Council of Life Insurance (pro)