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Except as provided in subsection (2) of this section and RCW 70.02.370, a health care provider or health care facility may charge a reasonable fee, in accordance with the department's standards established in subsection (3) of this section, for providing health care information to a person and is not required to honor an authorization until the fee is paid.
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A health care provider or health care facility may not charge a fee of more than $50 for providing a patient's health care information to:
The patient;
The patient's representative, including a person authorized to consent to health care for the patient under RCW 70.02.130;
A licensed attorney who is representing the patient or the patient's estate;
A health care provider or health care facility providing health care services to the patient;
A community-based or system-based advocate designated by the patient; or
The department shall adopt rules to establish standards for a reasonable fee that a health care provider or health care facility may charge for providing access to or exchanging health care information. The standards must recognize the prevalence of the use of electronic health record searching and exchange capabilities and consider federal laws related to the establishment of fees for accessing and exchanging health care information. The standards must be based upon the actual costs of searching and producing the particular patient's records and may not be based upon a per page calculation.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
"Admission" has the same meaning as in RCW 71.05.020.
"Audit" means an assessment, evaluation, determination, or investigation of a health care provider by a person not employed by or affiliated with the provider to determine compliance with:
Statutory, regulatory, fiscal, medical, or scientific standards;
A private or public program of payments to a health care provider; or
Requirements for licensing, accreditation, or certification.
"Authority" means the Washington state health care authority.
"Commitment" has the same meaning as in RCW 71.05.020.
"Custody" has the same meaning as in RCW 71.05.020.
"Deidentified" means health information that does not identify an individual and with respect to which there is no reasonable basis to believe that the information can be used to identify an individual.
"Department" means the department of social and health services.
"Designated crisis responder" has the same meaning as in RCW 71.05.020 or 71.34.020, as applicable.
"Detention" or "detain" has the same meaning as in RCW 71.05.020.
"Directory information" means information disclosing the presence, and for the purpose of identification, the name, location within a health care facility, and the general health condition of a particular patient who is a patient in a health care facility or who is currently receiving emergency health care in a health care facility.
"Discharge" has the same meaning as in RCW 71.05.020.
"Evaluation and treatment facility" has the same meaning as in RCW 71.05.020 or 71.34.020, as applicable.
"Federal, state, or local law enforcement authorities" means an officer of any agency or authority in the United States, a state, a tribe, a territory, or a political subdivision of a state, a tribe, or a territory who is empowered by law to: (a) Investigate or conduct an official inquiry into a potential criminal violation of law; or (b) prosecute or otherwise conduct a criminal proceeding arising from an alleged violation of law.
"General health condition" means the patient's health status described in terms of "critical," "poor," "fair," "good," "excellent," or terms denoting similar conditions.
"Health care" means any care, service, or procedure provided by a health care provider:
To diagnose, treat, or maintain a patient's physical or mental condition; or
That affects the structure or any function of the human body.
"Health care facility" means a hospital, clinic, nursing home, laboratory, office, or similar place where a health care provider provides health care to patients.
"Health care information" means any information, whether oral or recorded in any form or medium, that identifies or can readily be associated with the identity of a patient and directly relates to the patient's health care, including a patient's deoxyribonucleic acid and identified sequence of chemical base pairs. The term includes any required accounting of disclosures of health care information.
"Health care operations" means any of the following activities of a health care provider, health care facility, or third-party payor to the extent that the activities are related to functions that make an entity a health care provider, a health care facility, or a third-party payor:
Conducting: Quality assessment and improvement activities, including outcomes evaluation and development of clinical guidelines, if the obtaining of generalizable knowledge is not the primary purpose of any studies resulting from such activities; population-based activities relating to improving health or reducing health care costs, protocol development, case management and care coordination, contacting of health care providers and patients with information about treatment alternatives; and related functions that do not include treatment;
Reviewing the competence or qualifications of health care professionals, evaluating practitioner and provider performance and third-party payor performance, conducting training programs in which students, trainees, or practitioners in areas of health care learn under supervision to practice or improve their skills as health care providers, training of nonhealth care professionals, accreditation, certification, licensing, or credentialing activities;
Underwriting, premium rating, and other activities relating to the creation, renewal, or replacement of a contract of health insurance or health benefits, and ceding, securing, or placing a contract for reinsurance of risk relating to claims for health care, including stop-loss insurance and excess of loss insurance, if any applicable legal requirements are met;
Conducting or arranging for medical review, legal services, and auditing functions, including fraud and abuse detection and compliance programs;
Business planning and development, such as conducting cost-management and planning-related analyses related to managing and operating the health care facility or third-party payor, including formulary development and administration, development, or improvement of methods of payment or coverage policies; and
Business management and general administrative activities of the health care facility, health care provider, or third-party payor including, but not limited to:
Management activities relating to implementation of and compliance with the requirements of this chapter;
Customer service, including the provision of data analyses for policyholders, plan sponsors, or other customers, provided that health care information is not disclosed to such policyholder, plan sponsor, or customer;
Resolution of internal grievances;
The sale, transfer, merger, or consolidation of all or part of a health care provider, health care facility, or third-party payor with another health care provider, health care facility, or third-party payor or an entity that following such activity will become a health care provider, health care facility, or third-party payor, and due diligence related to such activity; and
Consistent with applicable legal requirements, creating deidentified health care information or a limited data set for the benefit of the health care provider, health care facility, or third-party payor.
"Health care provider" means a person who is licensed, certified, registered, or otherwise authorized by the law of this state to provide health care in the ordinary course of business or practice of a profession.
"Human immunodeficiency virus" or "HIV" has the same meaning as in RCW 70.24.017.
"Imminent" has the same meaning as in RCW 71.05.020.
"Indian health care provider" has the same meaning as in RCW 43.71B.010(11).
"Information and records related to mental health services" means a type of health care information that relates to all information and records compiled, obtained, or maintained in the course of providing services by a mental health service agency or mental health professional to persons who are receiving or have received services for mental illness. The term includes mental health information contained in a medical bill, registration records, and all other records regarding the person maintained by the department, by the authority, by behavioral health administrative services organizations and their staff, managed care organizations contracted with the authority under chapter 74.09 RCW and their staff, and by treatment facilities. The term further includes documents of legal proceedings under chapter 71.05, 71.34, or 10.77 RCW, or somatic health care information. 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 behavioral health program as defined in RCW 71.24.025. The term does not include psychotherapy notes.
"Information and records related to sexually transmitted diseases" means a type of health care information that relates to the identity of any person upon whom an HIV antibody test or other sexually transmitted infection test is performed, the results of such tests, and any information relating to diagnosis of or treatment for any confirmed sexually transmitted infections.
"Institutional review board" means any board, committee, or other group formally designated by an institution, or authorized under federal or state law, to review, approve the initiation of, or conduct periodic review of research programs to assure the protection of the rights and welfare of human research subjects.
26.
"Local public health officer" has the same meaning as the term "local health officer" as defined in RCW 70.24.017.
"Maintain," as related to health care information, means to hold, possess, preserve, retain, store, or control that information.
"Managed care organization" has the same meaning as provided in RCW 71.24.025.
"Mental health professional" means a psychiatrist, psychologist, psychiatric advanced registered nurse practitioner, psychiatric nurse, or social worker, and such other mental health professionals as may be defined by rules adopted by the secretary of health under chapter 71.05 RCW, whether that person works in a private or public setting.
"Mental health service agency" means a public or private agency that provides services to persons with mental disorders as defined under RCW 71.05.020 or 71.34.020 and receives funding from public sources. This includes evaluation and treatment facilities as defined in RCW 71.34.020, community mental health service delivery systems, or community behavioral health programs, as defined in RCW 71.24.025, and facilities conducting competency evaluations and restoration under chapter 10.77 RCW.
"Minor" has the same meaning as in RCW 71.34.020.
"Parent" has the same meaning as in RCW 71.34.020.
"Patient" means an individual who receives or has received health care. The term includes a deceased individual who has received health care.
"Payment" means:
The activities undertaken by:
A third-party payor to obtain premiums or to determine or fulfill its responsibility for coverage and provision of benefits by the third-party payor; or
A health care provider, health care facility, or third-party payor, to obtain or provide reimbursement for the provision of health care; and
The activities in (a) of this subsection that relate to the patient to whom health care is provided and that include, but are not limited to:
Determinations of eligibility or coverage, including coordination of benefits or the determination of cost-sharing amounts, and adjudication or subrogation of health benefit claims;
Risk adjusting amounts due based on enrollee health status and demographic characteristics;
Billing, claims management, collection activities, obtaining payment under a contract for reinsurance, including stop-loss insurance and excess of loss insurance, and related health care data processing;
Review of health care services with respect to medical necessity, coverage under a health plan, appropriateness of care, or justification of charges;
Utilization review activities, including precertification and preauthorization of services, and concurrent and retrospective review of services; and
(A) Name and address;
(B) Date of birth;
(C) Social security number;
(D) Payment history;
(E) Account number; and
(F) Name and address of the health care provider, health care facility, and/or third-party payor.
"Person" means an individual, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity.
"Professional person" has the same meaning as in RCW 71.05.020.
"Psychiatric advanced registered nurse practitioner" has the same meaning as in RCW 71.05.020.
"Psychotherapy notes" means notes recorded, in any medium, by a mental health professional documenting or analyzing the contents of conversations during a private counseling session or group, joint, or family counseling session, and that are separated from the rest of the individual's medical record. The term excludes medication prescription and monitoring, counseling session start and stop times, the modalities and frequencies of treatment furnished, results of clinical tests, and any summary of the following items: Diagnosis, functional status, the treatment plan, symptoms, prognosis, and progress to date.
"Release" has the same meaning as in RCW 71.05.020.
"Resource management services" has the same meaning as in RCW 71.05.020.
"Serious violent offense" has the same meaning as in RCW 9.94A.030.
"Sexually transmitted infection" or "sexually transmitted disease" has the same meaning as "sexually transmitted disease" in RCW 70.24.017.
"Test for a sexually transmitted disease" has the same meaning as in RCW 70.24.017.
"Third-party payor" means an insurer regulated under Title 48 RCW authorized to transact business in this state or other jurisdiction, including a health care service contractor, and health maintenance organization; or an employee welfare benefit plan, excluding fitness or wellness plans; or a state or federal health benefit program.
"Treatment" means the provision, coordination, or management of health care and related services by one or more health care providers or health care facilities, including the coordination or management of health care by a health care provider or health care facility with a third party; consultation between health care providers or health care facilities relating to a patient; or the referral of a patient for health care from one health care provider or health care facility to another.
"Tribal public health authority" means a tribe that is responsible for public health matters as a part of its official mandate.
"Tribal public health officer" means the individual appointed as the health officer for the tribe.
"Tribe" has the same meaning as in RCW 71.24.025.
2.
To be valid, a disclosure authorization to a health care provider or health care facility shall:
a. Be in writing, dated, and signed by the patient, the patient's personal representative, or any person or entity designated by the patient to receive the information;
b. Identify the nature of the information to be disclosed;
c. Identify the name and institutional affiliation of the person or class of persons to whom the information is to be disclosed;
d. Identify the provider or class of providers who are to make the disclosure;
e. Identify the patient; and
f. Contain an expiration date or an expiration event that relates to the patient or the purpose of the use or disclosure.
Unless disclosure without authorization is otherwise permitted under RCW 70.02.050 or the federal health insurance portability and accountability act of 1996 and its implementing regulations, an authorization may permit the disclosure of health care information to a class of persons that includes:
Researchers if the health care provider or health care facility obtains the informed consent for the use of the patient's health care information for research purposes; or
Third-party payors if the information is only disclosed for payment purposes.
Except as provided by this chapter, the signing of an authorization by a patient is not a waiver of any rights a patient has under other statutes, the rules of evidence, or common law.
When an authorization permits the disclosure of health care information to a financial institution or an employer of the patient for purposes other than payment, the authorization as it pertains to those disclosures shall expire one year after the signing of the authorization, unless the authorization is renewed by the patient.
A health care provider or health care facility shall retain the original or a copy of each authorization or revocation in conjunction with any health care information from which disclosures are made.
Where the patient is under the supervision of the department of corrections, an authorization signed pursuant to this section for health care information related to mental health or drug or alcohol treatment expires at the end of the term of supervision, unless the patient is part of a treatment program that requires the continued exchange of information until the end of the period of treatment.
Upon receipt of a written request from a patient to obtain all or part of the patient's recorded health care information, a health care provider, as promptly as required under the circumstances, but no later than 15 working days after receiving the request shall:
Make the information available for examination during regular business hours and provide a copy, if requested, to the patient, the patient's personal representative, or any person or entity designated by the patient to receive the information;
Inform the patient if the information does not exist or cannot be found;
If the health care provider does not maintain a record of the information, inform the patient and provide the name and address, if known, of the health care provider who maintains the record;
If the information is in use or unusual circumstances have delayed handling the request, inform the patient and specify in writing the reasons for the delay and the earliest date, not later than 21 working days after receiving the request, when the information will be available for examination or copying or when the request will be otherwise disposed of; or
Deny the request, in whole or in part, under RCW 70.02.090 and inform the patient.
Upon request, the health care provider shall provide an explanation of any code or abbreviation used in the health care information. If a record of the particular health care information requested is not maintained by the health care provider in the requested form, the health care provider is not required to create a new record or reformulate an existing record to make the health care information available in the requested form. Except as provided in section 1 of this act, the health care provider may charge a reasonable fee for assisting the designated recipient to obtain the health care information and is not required to provide the health care information until the fee is paid.
Subject to any conflicting requirement in the public records act, chapter 42.56 RCW, a health care provider may deny access to health care information by a patient if the health care provider reasonably concludes that:
Knowledge of the health care information would be injurious to the health of the patient;
Knowledge of the health care information could reasonably be expected to lead to the patient's identification of an individual who provided the information in confidence and under circumstances in which confidentiality was appropriate;
Knowledge of the health care information could reasonably be expected to cause danger to the life or safety of any individual;
The health care information was compiled and is used solely for litigation, quality assurance, peer review, or administrative purposes; or
Access to the health care information is otherwise prohibited by state or federal law.
If a health care provider denies a request for the patient to obtain health care information under this section, the provider, to the extent possible, shall segregate health care information for which access has been denied under subsection (1) of this section from information for which access cannot be denied and permit the patient to obtain the disclosable information.
If a health care provider denies a patient's request for obtaining health care information, in whole or in part, under subsection (1)(a) or (c) of this section, the provider shall permit another health care providerto obtain the health care information if the other health care provider has been selected by the patientand is licensed, certified, registered, or otherwise authorized under the laws of this state to treat the patient for the same condition as the health care provider denying the request. The health care provider denying the request shall inform the patient of the patient's right to select another health care provider under this subsection. The patient shall be responsible for arranging for compensation of the other health care provider so selected.
A person who has complied with this chapter may maintain an action for the relief provided in this section against a health care provider or facility who has not complied with this chapter.
The court may order the health care provider or other person to comply with this chapter. Such relief may include actual damages, but shall not include consequential or incidental damages. The court shall award reasonable attorneys' fees and all other expenses reasonably incurred to the prevailing patient.
Any action under this chapter is barred unless the action is commenced within two years after the cause of action is discovered.
A violation of this chapter shall not be deemed a violation of the consumer protection act, chapter 19.86 RCW.
For the purposes of this section, "prevailing patient" includes:
The patient;
The patient's legal or authorized representative, including a person authorized to consent to health care for the patient under RCW 70.02.130;
The patient's power of attorney;
The patient's guardian; and
The patient's estate.
No person may disclose or be compelled to disclose the identity of any person who has investigated, considered, or requested a test or treatment for a sexually transmitted disease, except as authorized by this section, RCW 70.02.210, or chapter 70.24 RCW.
No person may disclose or be compelled to disclose information and records related to sexually transmitted diseases, except as authorized by this section, RCW 70.02.210, 70.02.205, or chapter 70.24 RCW. A person may disclose information related to sexually transmitted diseases about a patient without the patient's authorization, to the extent a recipient needs to know the information, if the disclosure is to:
The subject of the test or the subject's representative for health care decisions in accordance with RCW 7.70.065, with the exception of such a representative of a minor 14 years of age or over and otherwise capable of making health care decisions;
The state health officer as defined in RCW 70.24.017, a local public health officer, or the centers for disease control of the United States public health service in accordance with reporting requirements for a diagnosed case of a sexually transmitted disease;
A health facility or health care provider that procures, processes, distributes, or uses: (i) A human body part, tissue, or blood from a deceased person with respect to medical information regarding that person; (ii) semen, including that was provided prior to March 23, 1988, for the purpose of artificial insemination; or (iii) blood specimens;
Any state or local public health officer conducting an investigation pursuant to RCW 70.24.024, so long as the record was obtained by means of court-ordered HIV testing pursuant to RCW 70.24.340 or 70.24.024;
A person allowed access to the record by a court order granted after application showing good cause therefor. In assessing good cause, the court shall weigh the public interest and the need for disclosure against the injury to the patient, to the physician-patient relationship, and to the treatment services. Upon the granting of the order, the court, in determining the extent to which any disclosure of all or any part of the record of any such test is necessary, shall impose appropriate safeguards against unauthorized disclosure. An order authorizing disclosure must: (i) Limit disclosure to those parts of the patient's record deemed essential to fulfill the objective for which the order was granted; (ii) limit disclosure to those persons whose need for information is the basis for the order; and (iii) include any other appropriate measures to keep disclosure to a minimum for the protection of the patient, the physician-patient relationship, and the treatment services;
Persons who, because of their behavioral interaction with the infected individual, have been placed at risk for acquisition of a sexually transmitted disease, as provided in RCW 70.24.022, if the health officer or authorized representative believes that the exposed person was unaware that a risk of disease exposure existed and that the disclosure of the identity of the infected person is necessary;
A law enforcement officer, firefighter, health care provider, health care facility staff person, department of correction's staff person, jail staff person, or other persons as defined by the board of health in rule pursuant to RCW 70.24.340, who has requested a test of a person whose bodily fluids he or she has been substantially exposed to, pursuant to RCW 70.24.340, if a state or local public health officer performs the test;
Claims management personnel employed by or associated with an insurer, health care service contractor, health maintenance organization, self-funded health plan, state administered health care claims payer, or any other payer of health care claims where such disclosure is to be used solely for the prompt and accurate evaluation and payment of medical or related claims. Information released under this subsection must be confidential and may not be released or available to persons who are not involved in handling or determining medical claims payment; and
No person to whom the results of a test for a sexually transmitted disease have been disclosed pursuant to subsection (2) of this section may disclose the test results to another person except as authorized by that subsection.
The release of sexually transmitted disease information regarding an offender or detained person, except as provided in subsection (2)(d) of this section, is governed as follows:
The sexually transmitted disease status of a department of corrections offender who has had a mandatory test conducted pursuant to RCW 70.24.340, 70.24.360, or 70.24.370 must be made available by department of corrections health care providers and local public health officers to the department of corrections health care administrator or infection control coordinator of the facility in which the offender is housed. The information made available to the health care administrator or the infection control coordinator under this subsection (4)(a) may be used only for disease prevention or control and for protection of the safety and security of the staff, offenders, and the public. The information may be submitted to transporting officers and receiving facilities, including facilities that are not under the department of corrections' jurisdiction according to the provisions of (d) and (e) of this subsection.
The sexually transmitted disease status of a person detained in a jail who has had a mandatory test conducted pursuant to RCW 70.24.340, 70.24.360, or 70.24.370 must be made available by the local public health officer to a jail health care administrator or infection control coordinator. The information made available to a health care administrator under this subsection (4)(b) may be used only for disease prevention or control and for protection of the safety and security of the staff, offenders, detainees, and the public. The information may be submitted to transporting officers and receiving facilities according to the provisions of (d) and (e) of this subsection.
Information regarding the sexually transmitted disease status of an offender or detained person is confidential and may be disclosed by a correctional health care administrator or infection control coordinator or local jail health care administrator or infection control coordinator only as necessary for disease prevention or control and for protection of the safety and security of the staff, offenders, and the public. Unauthorized disclosure of this information to any person may result in disciplinary action, in addition to the penalties prescribed in RCW 70.24.080 or any other penalties as may be prescribed by law.
Notwithstanding the limitations on disclosure contained in (a), (b), and (c) of this subsection, whenever any member of a jail staff or department of corrections staff has been substantially exposed to the bodily fluids of an offender or detained person, then the results of any tests conducted pursuant to RCW 70.24.340, 70.24.360, or 70.24.370, must be immediately disclosed to the staff person in accordance with the Washington Administrative Code rules governing employees' occupational exposure to blood-borne pathogens. Disclosure must be accompanied by appropriate counseling for the staff member, including information regarding follow-up testing and treatment. Disclosure must also include notice that subsequent disclosure of the information in violation of this chapter or use of the information to harass or discriminate against the offender or detainee may result in disciplinary action, in addition to the penalties prescribed in RCW 70.24.080, and imposition of other penalties prescribed by law.
The staff member must also be informed whether the offender or detained person had any other communicable disease, as defined in RCW 72.09.251(3), when the staff person was substantially exposed to the offender's or detainee's bodily fluids.
The test results of voluntary and anonymous HIV testing or HIV-related condition may not be disclosed to a staff person except as provided in this section and RCW 70.02.050(1)(d) and 70.24.340. A health care administrator or infection control coordinator may provide the staff member with information about how to obtain the offender's or detainee's test results under this section and RCW 70.02.050(1)(d) and 70.24.340.
The requirements of this section do not apply to the customary methods utilized for the exchange of medical information among health care providers in order to provide health care services to the patient, nor do they apply within health care facilities where there is a need for access to confidential medical information to fulfill professional duties.
Upon request of the victim, disclosure of test results under this section to victims of sexual offenses under chapter 9A.44 RCW must be made if the result is negative or positive. The county prosecuting attorney shall notify the victim of the right to such disclosure. The disclosure must be accompanied by appropriate counseling, including information regarding follow-up testing.
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.
(1)(a) A mental health service agency shall release to the persons authorized under subsection (2) of this section, upon request: