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Evergreen Ledger

SHB 1496

In Committee

House

Health care information

Strengthening patients' rights regarding their health care information.

This status may be delayed. See Action History below for the latest updates.

How does a bill become law?
  1. Introduced: The bill is filed and assigned a number.
  2. Committee: A subject-matter committee holds hearings, takes public testimony, and decides whether to advance the bill.
  3. Floor Vote: The full chamber (House or Senate) debates and votes on the bill.
  4. Opposite Chamber: The bill repeats the committee and floor vote process in the other chamber.
  5. Governor: The Governor reviews the bill and decides whether to sign or veto it.
  6. Signed: The bill has been signed into law.
Introduced: January 29, 2026
Last Action: February 19, 2026
Status: H Rules X
Companion Bill:
View Bill Text (HTML) (opens in new tab)View Bill Text (PDF) (opens in new tab)

AI Analysis

This analysis was generated by AI and may contain errors. It is not legal advice. Always refer to the official bill text for authoritative information.
People & CommunitiesPeople-leaningCorporate & Wealthy Interests

This bill strengthens patient rights to access and control their health care information by limiting fees, shortening response times, and clarifying when and how records can be shared. It also tightens rules around fees, record requests, and disclosures — especially for sensitive information like mental health and sexually transmitted diseases — and adds new enforcement tools for patients.

  • Limits fees for providing health care information to $50 or less for patients, their representatives, attorneys, other providers, advocates, and guardians — and this cap applies to third-party vendors acting on behalf of providers.
  • Requires health care providers to provide records within 15 working days (up to 21 days in exceptional cases) of a patient’s written request, with clear timelines and denial procedures.
  • Prohibits per-page fee calculations; fees must reflect actual costs of searching and producing records, and the department of social and health services must adopt rules for reasonable fees based on electronic record capabilities.
  • Expands patient access to records during disability appeals — providers must provide one free copy of records if the patient is appealing Supplemental Security Income or Social Security Disability benefits (unless a copy was provided free in the prior two years).
  • Strengthens enforcement: patients (or representatives) can sue for violations, recover actual damages, and receive attorneys’ fees and costs if they prevail — with a two-year statute of limitations.

Who is affected

  • Patients — Patients have enhanced rights to access their own health records, including a cap on fees and faster response times, and may designate others (like attorneys or advocates) to receive records under protected fee limits.
  • Health care providers and facilities — Must comply with new fee limits ($50 cap for certain recipients), stricter timelines (15–21 working days for record requests), and new rules around when and how to charge for copying or searching records.
  • Patient representatives, attorneys, and advocates — Can request and receive health records on behalf of patients (e.g., for disability appeals or legal representation), and are protected under new fee limits and access rules.
  • Law enforcement, corrections staff, and public health officials — May access mental health and sexually transmitted disease information under specific, limited circumstances (e.g., for risk assessments, jail safety, or court proceedings), but must follow strict confidentiality rules.
  • Third-party vendors and business associates of health care providers — May be required to provide records for free in specific cases (e.g., disability appeals) and must follow new standards for fee calculation and record delivery.
Effective: July 28, 2025Fiscal impact: The bill may increase state costs due to rulemaking by the department of social and health services and the health care authority to implement fee standards and standardized request forms. No significant ongoing fiscal impact is projected beyond initial implementation costs.
Model: Intel/Qwen3-Coder-Next-int4-AutoRoundGenerated: Mar 19, 2026 at 7:01 PM

Pro/Con Analysis

Potential Benefits (5)

  • The $50 fee cap for patients, their representatives, attorneys, advocates, and guardians directly lowers out-of-pocket costs for accessing health records—especially beneficial for low- and middle-income Washingtonians managing chronic illness, disability claims, or legal representation. This replaces per-page fees that could exceed $100 for typical records, reducing financial barriers to self-advocacy.

    HealthcarePeopleRef: Sec. 1(2)(a)(i)-(vi)

  • The requirement that providers supply one free copy of records for SSI/SSDI appeals removes a financial barrier for low-income Washingtonians navigating complex federal disability systems, directly supporting people with disabilities who often face high out-of-pocket health and administrative costs.

    HealthcarePeopleRef: Sec. 2(2)(b)

  • The 15-working-day (max 21-day) record delivery timeline improves timeliness of care coordination, especially for patients managing acute or chronic conditions who need records for second opinions, specialist referrals, or continuity of care—reducing delays that can worsen health outcomes.

    HealthcarePeopleRef: Sec. 4(1)

  • The private right of action with attorneys’ fees and a two-year statute of limitations creates meaningful enforcement leverage for patients—particularly low-income individuals—by enabling contingency-based legal representation and deterring provider noncompliance.

    HealthcarePeopleRef: Sec. 6(2)

  • The clarified, limited exceptions for disclosing sensitive information (e.g., STD, mental health) to law enforcement, corrections, and public health officials include strict confidentiality safeguards and court oversight, protecting vulnerable populations (e.g., survivors of sexual assault, people with mental illness) from stigma and discrimination.

    HealthcarePeopleRef: Sec. 7(2)(i)-(ix)
Potential Concerns (5)

  • The $50 fee cap for providing health records to patients, their representatives, attorneys, providers, advocates, and guardians directly reduces out-of-pocket costs for accessing essential health information—especially impactful for low- and middle-income Washingtonians who may be managing chronic conditions, disability appeals, or legal representation. This eliminates per-page charges that previously could exceed $100 for typical records, making record access more equitable.

    HealthcarePeopleRef: Sec. 1(2)(a)(vi)

  • The requirement that fee standards be based on actual search/production costs (not per-page) and that the Department of Social and Health Services adopt rules reflecting electronic record capabilities prevents arbitrary or inflated fees, ensuring fee structures are transparent and cost-reflective—benefiting patients and advocates who have historically been overcharged.

    HealthcarePeopleRef: Sec. 1(3)

  • The free record provision for SSI/SSDI appeals directly supports low-income Washingtonians navigating complex federal disability systems, removing a financial barrier to accessing records needed to prove eligibility—critical for people with disabilities who often face high medical and administrative costs.

    HealthcarePeopleRef: Sec. 2(2)(b)

  • Allowing patients to designate another licensed provider to review denied records gives patients (especially those with cognitive or mental health conditions) a practical fallback when access is wrongfully denied, strengthening patient agency and reducing reliance on adversarial legal avenues.

    HealthcarePeopleRef: Sec. 5(3)

  • The private right of action with attorneys’ fees and a two-year statute of limitations significantly improves enforcement leverage for patients—particularly low-income individuals—by enabling contingency-based legal representation and deterring provider noncompliance.

    HealthcarePeopleRef: Sec. 6(2)

Who Is Most Affected

PatientsPositive Impact

Patients—especially low-income, disabled, or chronically ill individuals—benefit significantly from reduced record access costs, faster response times, and enforceable rights to obtain records needed for care coordination, disability appeals, and legal representation. The $50 cap and free copy for SSI/SSDI appeals disproportionately help those with limited means.

Health care providers and facilitiesMixed Impact

Health care providers face new compliance costs (fee standardization, timeline adherence, rulemaking participation), but the bill’s fee cap and electronic record guidance reduce administrative burden over time by standardizing processes. Small clinics may struggle with initial implementation, but large systems are better positioned to absorb costs.

Patient representatives, attorneys, and advocatesPositive Impact

Patient representatives (attorneys, advocates, guardians) benefit from enforceable fee caps and access rights, enabling more effective representation—especially in disability appeals and legal proceedings. This strengthens advocacy capacity without shifting costs to clients.

Law enforcement, corrections staff, and public health officialsMixed Impact

Law enforcement and corrections staff gain limited, court- and rule-gated access to mental health and STD records for safety and risk assessment, but must comply with strict confidentiality protocols. This improves interagency coordination while protecting patient privacy.

Third-party vendors and business associatesMixed Impact

Third-party vendors (e.g., record-copying vendors, EHR vendors) must comply with the $50 cap and fee standards, potentially reducing their revenue from record fulfillment—but this aligns them with patient-centered pricing and may incentivize more efficient digital delivery systems.