SENATE BILL REPORT

SB 5754

BYSenators 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 1, 1989

AS REPORTED BY COMMITTEE ON ECONOMIC DEVELOPMENT & LABOR, FEBRUARY 28, 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:

The class of persons who must supply reports and information to the department or employer about treatment of injured workers is expanded from physicians to a comprehensive list of care givers under the definition of "health care provider."  The definition also includes employees or agents of the list of professionals in the definition, as well as agents and employees of hospitals and clinics.  Information in the possession or control of any person which is relevant to the injury, in the opinion of the department or employer, must be made available to the department or the employer at any time during the life of the claim.

EFFECT OF PROPOSED SUBSTITUTE:

The term "health care provider" is replaced by the term "health services provider" which is a term already defined in the workers' compensation title.  The effect of the bill is limited to claims at the department level.  AIDS testing and treatment information is made an exception to the information which may be disclosed, consistent with existing law.

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