BILL REQ. #:  Z-0984.1 

Read first time 01/18/08.   Referred to Committee on Human Services & Corrections.

     AN ACT Relating to confidential information; and amending RCW 74.34.095.

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

Sec. 1   RCW 74.34.095 and 2000 c 87 s 4 are each amended to read as follows:
     (1) The following information is confidential and not subject to disclosure, except as provided in this section:
     (a) A report of abandonment, abuse, financial exploitation, or neglect made under this chapter;
     (b) The identity of the vulnerable adult, person making the report, or of a witness, without the individual's written permission; and
     (c) All files, reports, records, communications, and working papers used or developed in the investigation or provision of protective services.
     (2) Information considered confidential may be disclosed only for a purpose consistent with this chapter or as authorized by chapter 18.20, 18.51, 70.128, 74.04, or 74.39A RCW, or as authorized by the long-term care ombudsman programs under federal law or state law, chapter 43.190 RCW, or other applicable federal law.
     (3) The department may disclose the following information:
     (a) The fact that a report of abuse, abandonment, financial exploitation, neglect, or self-neglect was received by the department;
     (b) Whether or not a department investigator has been assigned and whether the investigation is completed or ongoing;
     (c) Whether or not the department offered protective services to the vulnerable adult and whether the vulnerable adult accepted the offer of protective services.
     (4) A court or presiding officer in an administrative proceeding may order disclosure of confidential information only if the court, or presiding officer in an administrative proceeding, determines that disclosure is essential to the administration of justice and will not endanger the life or safety of the vulnerable adult, witnesses, or individual who made the report. The court or presiding officer in an administrative hearing may place restrictions on such disclosure as the court or presiding officer deems proper.
     (5) The department may adopt rules necessary to implement this section.