S-2431               _______________________________________________

                                         SUBSTITUTE SENATE BILL NO. 5754

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

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

Read first time 3/1/89.

AN ACT Relating to release of health care information under industrial insurance; and amending RCW 51.36.060.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 53, chapter 289, Laws of 1971 ex. sess. as amended by section 15, chapter 224, Laws of 1975 1st ex. sess. and RCW 51.36.060 are each amended to read as follows:

          ((Physicians)) (1) Health care providers examining or attending injured  ((workmen)) workers under this title shall:  (a) Comply with rules and regulations adopted by the director, and ((shall)) (b) make such reports as may be requested by the department or self-insurer upon the condition or treatment of any  such ((workman)) worker, or upon any other matters concerning such ((workmen)) workers in their care.

(2)  All ((medical)) health service provider information in the possession or control of any person and relevant to the particular injury in the opinion of the department or self-insurer pertaining to any ((workman)) worker whose injury or occupational disease is the basis of a claim under this title shall be made available at any stage of the proceedings to the employer, the claimant's representative, ((and)) or the department upon request, and no health service provider or other person shall incur any legal liability by reason of releasing such information.  This section authorizes health service providers to discuss health care information within their possession or control which is relevant to the particular injury with the employer, the claimant's representative, or the department at any stage of the claim before the department.

Nothing in this section authorizes the disclosure of any information which may not be disclosed under RCW 70.24.105.