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                    ENGROSSED SENATE BILL 5258

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State of Washington      57th Legislature     2001 Regular Session

By Senators Costa, Winsley, Franklin, Thibaudeau and Kohl‑Welles

Read first time 01/17/2001.  Referred to Committee on Health & Long‑Term Care.

Regulating disclosure of health care information.

    AN ACT Relating to disclosure of health care information; and amending RCW 70.24.084 and 70.02.150.

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

    Sec. 1.  RCW 70.24.084 and 1999 c 391 s 4 are each amended to read as follows:

    (1) Any person aggrieved by a violation of this chapter shall have a right of action in superior court and may recover for each violation:

    (a) Against any person who negligently violates a provision of this chapter, one thousand dollars, or actual damages, whichever is greater, for each violation.

    (b) Against any person who intentionally or recklessly violates a provision of this chapter, ten thousand dollars, or actual damages, whichever is greater, for each violation.

    (c) Reasonable attorneys' fees and costs.

    (d) Such other relief, including an injunction, as the court may deem appropriate.

    (2) Any action under this chapter is barred unless the action is commenced within three years after the cause of action accrues.

    (3) Nothing in this chapter limits the rights of the subject of a test for a sexually transmitted disease to recover damages or other relief under any other applicable law.

    (4) Nothing in this chapter may be construed to impose civil liability or criminal sanction for disclosure of a test result for a sexually transmitted disease in accordance with any reporting requirement for a diagnosed case of sexually transmitted disease by the department or the centers for disease control of the United States public health service.

(5) It is a negligent violation of this chapter to cause an unauthorized communication of confidential sexually transmitted disease information by facsimile transmission or otherwise communicating the information to an unauthorized recipient when the sender knew or had reason to know the facsimile transmission telephone number or other transmittal information was incorrect or outdated.

    Sec. 2.  RCW 70.02.150 and 1991 c 335 s 701 are each amended to read as follows:

    A health care provider shall effect reasonable safeguards for the security of all health care information it maintains.

Reasonable safeguards shall include taking reasonable steps to delete outdated and incorrect facsimile transmission or other telephone transmittal numbers from computer, facsimile, or other data bases.  When health care information is transmitted electronically to a recipient who is not regularly transmitted health care information from the health care provider, the health care provider shall verify that the number is accurate prior to transmission.

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