wa-law.org > bill > 2025-26 > HB 2685 > Original Bill

HB 2685 - Tribal data

Source

Section 1

  1. State agencies listed in RCW 43.71B.020(1)(b)(i) shall use and share tribal data in a manner consistent with the following tribal data sovereignty principles:

    1. Tribes must have the same or enhanced access to state data as other public health jurisdictions and nongovernmental entities to effectively carry out their governmental duties including preventing and controlling infectious and noninfectious conditions, providing health care services, and improving the health status of their community members;

    2. Tribes must possess the sovereign authority to manage the collection, ownership, application, and interpretation of their own data even when it is collected by federal, state, or local governments or other third parties;

    3. Tribes must retain an ownership interest in their data even when the tribe's data is located in state, federal, or other data sets. This interest remains when the tribe's data is aggregated with other data;

    4. Unless otherwise required by law, tribes have the right to informed consent on how their data, including protected health information about tribal members, is used or shared with third parties; and

    5. State agencies must meaningfully consult and engage with tribes in accordance with chapter 43.376 RCW on how and when to share, analyze, report, or interpret tribal data.

  2. State agencies listed in RCW 43.71B.020(1)(b)(i) shall:

    1. Include the tribal data sovereignty principles provided in this section in data sharing agreements;

    2. Refer to the governor's Indian health advisory council tribal data sharing agreement checklist in the development of tribal data sharing agreements; and

    3. Seek input and guidance from the governor's Indian health advisory council tribal data sovereignty committee for implementation of this section and on any other issues related to tribal data.

  3. Any tribal data, as defined in RCW 43.71B.010, pertaining to American Indians, Alaska Natives, or Indian tribes that is prepared, owned, used, or retained by the agencies listed in RCW 43.71B.020(1)(b)(i) or by local health jurisdictions as defined in RCW 43.70.575 is exempt from public disclosure under chapter 42.56 RCW.

Section 2

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

Section 3

  1. The state board shall, no later than July 31, 2027, and in accordance with RCW 43.20.050(2)(f), amend rules for the prevention and control of infectious and noninfectious diseases, including food borne and vector-borne illnesses as follows:

    1. Requiring health care providers, health care facilities, laboratories, and other required entities to report notifiable conditions to tribal health jurisdictions in Washington state where the patient resides, or in the event the patient's residence cannot be determined, the tribal health department in which the patient received treatment; and

    2. Requiring notification to tribal health jurisdictions wherever notification is required to local health jurisdictions.

  2. Nothing in this section may be read as an assertion of state jurisdiction or regulatory authority over a tribe.

Section 4

Any tribal data, as defined in RCW 43.71B.010, pertaining to American Indians, Alaska Natives, or Indian tribes that is prepared, owned, used, or retained by the agencies listed in RCW 43.71B.020(1)(b)(i) or by local health jurisdictions as defined in RCW 43.70.575 is exempt from public disclosure.

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