SENATE BILL REPORT

SSB 5754

BYSenate Committee on Economic Development & Labor (originally sponsored by Senators Anderson, Matson, Owen, Gaspard and Smitherman)

Revising provisions for release of health care information under industrial insurance.

Senate Committee on Economic Development & Labor

Senate Hearing Date(s):February 15, 1989; February 28, 1989

Majority Report:  That Substitute Senate Bill No. 5754 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Lee, Chairman; Anderson, Vice Chairman; McDonald, McMullen, Matson, Murray, Smitherman, Warnke, Williams.

Senate Staff:David Cheal (786-7576)

                  March 15, 1989

AS PASSED SENATE, MARCH 14,  1989

BACKGROUND:

Current provisions of the industrial insurance law limit the physician-patient privilege.  Physicians who treat injured workers are required to make reports to the department or the self-insurer on request relating to the condition or treatment of the worker in their care.  Medical information which, in the opinion of the department, is relevant to the claim must be made available to the employer, the claimant's representative or the department on request.  In the case of Loudon vs. Mhyre, 110 Wn. 2d., 675 (1988), the Supreme Court affirmed the trial court's ruling that even though the plaintiff in a medical malpractice action had waived his physician-patient privilege, the waiver was not complete.  Defense counsel was still prohibited from having informal discussions with the plaintiff's physician and was limited to formal discovery procedures such as depositions upon oral examination or answers to written interrogatories.

Although the Loudon opinion makes no mention of industrial insurance proceedings, it could impact the statutory provisions described and limit the availability of information from claimant's health records.

SUMMARY:

Health service providers in industrial insurance cases are authorized to discuss health care information within their control which is relevant to the injury which gave rise to the claim.  They may discuss this information, while the claim is at the department level, with the employer, the claimant's representative, or other department staff.  Information relating to AIDS treatment and testing is exempt from the bill and remains subject to the confidentiality requirements of RCW 70.24.105.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

Senate Committee - Testified: Kathryn Fewell (for); Deena Pease (for); Clif Finch (for); Taylor Dennen (against); Mike Welch (against); Jeff Johnson