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A provision in an agreement between a health care provider and patient not to disclose or discuss any act, error, or omission by the health care provider, or the existence of a settlement involving any act, error, or omission by the health care provider, that the patient reasonably believes under Washington state, federal, or common law to constitute medical malpractice, or any tort or crime, is void and unenforceable.
Prohibited nondisclosure and nondisparagement provisions include, but are not limited to, nondisclosure and nondisparagement provisions concerning any act, error, or omission by a health care provider occurring in the course of any health care, whether occurring on or off a premises owned or controlled by the health care provider.
Prohibited nondisclosure and nondisparagement provisions include, but are not limited to, nondisclosure and nondisparagement provisions contained in any agreement related to the provision of any health care, agreements to pay compensation in exchange for the release of a legal claim arising from the provision of health care, and any other agreement between a health care provider and patient.
This section does not prohibit the enforcement of a provision in any agreement that prohibits the disclosure of the amount paid in settlement of a legal claim.
It is a violation of this section for a health care provider to request or require a patient to enter into any agreement provision that is prohibited by this section, or for a health care provider to enter into an agreement containing a provision prohibited by this section.
It is a violation of this section for a health care provider to attempt to enforce a provision of an agreement prohibited by this section, whether through a lawsuit, a threat to enforce, or any other attempt to influence a party to comply with a provision in any agreement that is prohibited by this section.
This section does not prohibit a health care provider and patient from agreeing to protect confidential information that does not involve or is not relevant to any allegation of medical malpractice, or any tort or crime.
A health care provider who violates this section after the effective date of this section is liable in a civil cause of action for actual or statutory damages of $10,000, whichever is more, as well as reasonable attorneys' fees and costs.
A nondisclosure or nondisparagement provision in any agreement between a patient who is a Washington resident and their health care provider is governed by Washington law.
The provisions of this section are to be liberally construed to fulfill its remedial purpose.
Within one year of the effective date of this section, any health care provider that has previously entered into any agreement with a patient containing provisions prohibited by this act must provide written notification to the patient, the patient's legal counsel of record if any, and any other person bound by the agreement, of the existence of this act and identify all provisions of the agreement that are no longer enforceable.
As an exercise of the state's police powers and for remedial purposes, this section is retroactive from the effective date of this section only to invalidate nondisclosure or nondisparagement provisions in agreements created before the effective date of this section. This subsection allows the recovery of damages to prevent enforcement of such provisions but does not allow recovery of damages based on the existence of such provisions.
The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
"Health care" means any care, service, or procedure provided by a health care provider: (i) To diagnose, treat, or maintain a patient's physical or mental condition; or (ii) that affects the structure or any function of the human body.
"Health care provider" has the same meaning as provided in RCW 7.70.020.
"Medical malpractice" means an actual or alleged negligent act, error, or omission in providing or failing to provide health care services that is actionable under chapter 7.70 RCW.
"Patient" means an individual who receives or has received health care. The term includes a deceased individual who has received health care.