SHB 1679 -
By Representative Cody
ADOPTED 03/11/2013
On page 4, line 37, after "information." insert "For health care information maintained by a hospital as defined in RCW 70.41.020 or a health care facility or health care provider that participates with a hospital in an organized health care arrangement defined under federal law, "information and records related to mental health services" is limited to information and records of services provided by a mental health professional or information and records of services created by a hospital-operated community mental health program as defined in RCW 71.24.025(6)."
On page 5, line 22, after "71.05.020" strike "and" and insert "or"
On page 8, beginning on line 25, after "(a)" strike all material through "(i)" on line 27
On page 8, at the beginning of line 28, strike "(((b))) (ii)" and
insert "(b)"
On page 8, beginning on line 30, strike all material through "services" on line 31 and insert "(c) Incident to a use or disclosure that is otherwise permitted or required"
On page 8, at the beginning of line 32, strike "(((d))) (iv)" and
insert "(d)"
On page 8, at the beginning of line 35, strike "(((e))) (v)" and
insert "(e)"
On page 8, at the beginning of line 36, strike "(((f))) (vi)" and
insert "(f)"
On page 9, at the beginning of line 1, strike "(((g))) (b)" and
insert "(g)"
On page 9, at the beginning of line 3, strike "(((h))) (c)" and
insert "(h)"
On page 9, at the beginning of line 5, strike "((and)) (d)" and insert "((
i)and))
(i)"
On page 9, at the beginning of line 9, strike "(e)" and insert "(j)"
On page 9, line 14, after "diseases" insert "which are addressed in section 6 of this act"
On page 11, line 33, after "diseases," insert "unless otherwise authorized in section 6 of this act,"
On page 13, line 5, after "(1)" strike "A" and insert "In addition to the disclosures authorized by RCW 70.02.050 and section 5 of this act, a"
On page 13, line 8, after "services" insert "which are addressed by sections 6 through 10 of this act"
On page 14, line 25, after "(2)" strike "A" and insert "In addition to the disclosures required by RCW 70.02.050 and section 5 of this act, a"
On page 14, line 27, after "services" insert "which are addressed by sections 6 through 10 of this act"
On page 16, line 4, after "(2)" strike "A" and insert "In addition to the disclosures required by RCW 70.02.050 and section 4 of this act, a"
On page 16, line 6, after "if" strike "the" and insert ":
(a) The"
On page 16, line 7, after "deaths" insert "; or
(b) The disclosure is to a procurement organization or person to
whom a body part passes for the purpose of examination necessary to
assure the medical suitability of the body part"
On page 20, after line 15, insert the following:
"(7) A person, including a health care facility or health care
provider, shall disclose the identity of any person who has
investigated, considered, or requested a test or treatment for a
sexually transmitted disease and information and records related to
sexually transmitted diseases to federal, state, or local public health
authorities, to the extent the health care provider is required by law
to report health care information; when needed to determine compliance
with state or federal certification or registration rules or laws; or
when needed to protect the public health. Any health care information
obtained under this subsection is exempt from public inspection and
copying pursuant to chapter 42.56 RCW."
On page 26, line 11, after "client" insert ";
(z)(i) To the secretary of social and health services for either
program evaluation or research, or both so long as the secretary adopts
rules for the conduct of the evaluation or research, or both. Such
rules must include, but need not be limited to, the requirement that
all evaluators and researchers sign an oath of confidentiality
substantially as follows:
"As a condition of conducting evaluation or research concerning
persons who have received services from (fill in the facility, agency,
or person) I, . . . . . ., agree not to divulge, publish, or otherwise
make known to unauthorized persons or the public any information
obtained in the course of such evaluation or research regarding persons
who have received services such that the person who received such
services is identifiable.
I recognize that unauthorized release of confidential information
may subject me to civil liability under the provisions of state law.
/s/ . . . . . ."
(ii) Nothing in this chapter may be construed to prohibit the
compilation and publication of statistical data for use by government
or researchers under standards, including standards to assure
maintenance of confidentiality, set forth by the secretary"
On page 34, beginning on line 29, after "not" strike all material
through "aggregated" on line 32 and insert ":
(1) Use or disclose health care information for marketing or fund-raising purposes, unless permitted by federal law; or
(2) Sell health care information to a third party, except in a form
that is deidentified and aggregated"
Beginning on page 34, line 35, strike all material through
"records." on page 36, line 35 and insert the following:
"(1)(a) Before service of a discovery request or compulsory process
on a ((health care provider)) hospital as defined in RCW 70.41.020 for
health care information, an attorney shall provide advance notice to
the ((health care provider)) hospital and the patient or the patient's
attorney involved through service of process or first-class mail,
indicating the ((health care provider)) hospital from whom the
information is sought, what health care information is sought, and the
date by which a protective order must be obtained to prevent the
((health care provider)) hospital from complying. Such date shall give
the patient and the ((health care provider)) hospital adequate time to
seek a protective order, but in no event be less than fourteen days
since the date of service or delivery to the patient and the ((health
care provider)) hospital of the foregoing. Thereafter the request for
discovery or compulsory process shall be served on the ((health care
provider)) hospital.
(((2))) (b) Without the written consent of the patient, the
((health care provider)) hospital may not disclose the health care
information sought under ((subsection (1))) (a) of this ((section))
subsection if the requestor has not complied with the requirements of
((subsection (1))) (a) of this ((section)) subsection. In the absence
of a protective order issued by a court of competent jurisdiction
forbidding compliance, the ((health care provider)) hospital shall
disclose the information in accordance with this chapter. In the case
of compliance, the request for discovery or compulsory process shall be
made a part of the patient record.
(((3))) (c) Production of health care information under this
section, in and of itself, does not constitute a waiver of any
privilege, objection, or defense existing under other law or rule of
evidence or procedure.
(2)(a) A discovery request or compulsory process for health care
information from an entity other than a hospital must be made in
accordance with the appropriate civil rules of superior court and
include service of a copy of the subpoena on the patient whose records
are being sought for disclosure.
(b) Upon receipt of such a request or process, the health care
provider shall provide a copy to the patient at the patient's last
known address, to the patient's attorney, if known, unless after
reasonable inquiry the health care provider is unable to determine the
last known address of the patient.
(c) On sending a copy of the request or process as provided in (b)
of this subsection, the health care provider has no further obligation
to assert a state or federal privilege pertaining to the records or to
appear or respond to a motion to compel production of records, and
shall produce the records if ordered by a court. If an objection is
timely filed by the patient, the patient or the patient's attorney is
responsible for asserting or waiving any state or federal privilege
that pertains to the records."
On page 36, line 8, after "act" insert "that are not health care providers"
On page 36, line 14, after "70.02.050 (1)(a) and" strike "(2)(a) and" and after "(b)" insert "and (7)"
On page 58, line 25, after "36." strike "This" and insert "Except for section 5 of this act, this"
On page 58, after line 25, insert the following:
"NEW SECTION. Sec. 37 Section 5 of this act is necessary for the
immediate preservation of the public peace, health, or safety, or
support of the state government and its existing public institutions,
and takes effect immediately."
Correct the title.
EFFECT: Authorizes the disclosure of sexually transmitted disease
information to federal, state, or local public health authorities: (1)
As required by law to report health care information; (2) as needed to
determine compliance with certification or registration laws; or (3) to
protect the public health. Exempts such disclosures from the Public
Records Act.
Restores current law regarding the release of health care
information pursuant to a discovery request or compulsory process, but
only as it pertains to hospitals (allowing 14 days' notice to seek a
protective order). Applies the bill's discovery and compulsory process
provisions to all nonhospital health care facilities and providers.
Limits the definition of "information and records related to mental
health services" as applied to hospitals to only apply to services
provided by mental health professionals or a hospital-operated
community mental health program.
Authorizes the disclosure of mental health information to the
Department of Social and Health Services for program evaluation or
research (restoring a provision under current law that had been
stricken).
Specifies that health care providers and facilities may not use or
disclose health care information for marketing or fundraising purposes
unless permitted by federal law.
Eliminates the limitation of disclosure accounting exceptions to
only apply to nonelectronic health records, so that all of the listed
exceptions apply to electronic health records too (restores
substantially all of current law allowing patients to receive an
accounting from a health care provider of all of the disclosures of
their records subject to specified exceptions).
Authorizes the disclosure of health care information to an organ
procurement organization to determine medical suitability of a body
part.
Includes an emergency clause for provisions authorizing the
disclosure of health care information for research, to county coroners
and medical examiners, and to organ procurement organizations.