SHB 1496
In CommitteeHouse
Health care information
Strengthening patients' rights regarding their health care information.
- Introduced (completed)
- 2Committee (current stage)
- 3Floor Vote (not started)
- 4Opposite Chamber (not started)
- 5Governor (not started)
- 6Signed (not started)
This status may be delayed. See Action History below for the latest updates.
How does a bill become law?
- Introduced: The bill is filed and assigned a number.
- Committee: A subject-matter committee holds hearings, takes public testimony, and decides whether to advance the bill.
- Floor Vote: The full chamber (House or Senate) debates and votes on the bill.
- Opposite Chamber: The bill repeats the committee and floor vote process in the other chamber.
- Governor: The Governor reviews the bill and decides whether to sign or veto it.
- Signed: The bill has been signed into law.
AI Analysis
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.
Pro/Con Analysis
Stronger case for benefits
Potential Benefits (4)
The bill caps fees for accessing health records at $50 for patients, their representatives, and attorneys, and requires one free copy for patients appealing disability benefits. This directly reduces financial barriers for everyday Washingtonians who need their records for insurance, legal, or medical purposes, particularly benefiting those with lower incomes who might otherwise be priced out of accessing their own medical history.
HealthcarePeopleRef: Sec. 1 (2)(a); Sec. 3 (2)(b)Providers must provide records within 15 working days, and fees must reflect actual costs of electronic searching rather than per-page charges. This ensures that patients receive their information in a timely manner and at a fair price, preventing providers from using slow processing or inflated per-page fees to delay or discourage patients from obtaining their records.
HealthcarePeopleRef: Sec. 4 (1); Sec. 1 (3)Patients can sue providers for violations of the new access and fee rules, recover actual damages, and receive attorneys' fees if they prevail. This creates a strong enforcement mechanism that empowers individuals to hold health care providers accountable, ensuring that the new rights to access and control health information are not just theoretical but actionable.
Rights & LibertiesPeopleRef: Sec. 6 (1)-(3)Patients appealing Supplemental Security Income or Social Security Disability benefits are entitled to one free copy of their health records. This specifically supports individuals who are often in vulnerable financial situations and rely on these benefits for survival, reducing the cost of navigating the complex disability application process.
FinancialPeopleRef: Sec. 3 (2)(b)
Potential Concerns (3)
The bill caps fees for providing health records to $50 for patients, attorneys, and providers, and explicitly extends this cap to third-party vendors and business associates. For large health systems that rely on record retrieval as a revenue stream or have high administrative costs for complex records, this cap may reduce revenue or increase the administrative burden of complying with strict fee standards, potentially leading to higher operational costs that are passed on to other services.
Business & EmploymentIndustryRef: Sec. 1 (2)(a) & (b); Sec. 4 (2)The bill mandates that courts award reasonable attorneys' fees and expenses to the 'prevailing patient' in enforcement actions. This creates a financial liability for health care providers and facilities that may be found in violation of the new access or fee rules. This shifts the cost of enforcement to the health care sector, potentially increasing legal defense costs for providers and facilities, which are typically large corporate entities or institutional providers.
Public SafetyLean industryRef: Sec. 6 (2)Providers are required to respond to record requests within 15 working days (or 21 in exceptional cases). This tight timeline may require health care facilities to allocate additional administrative staff or IT resources to manage record retrieval requests efficiently, increasing operational overhead for medical practices and hospitals.
Business & EmploymentLean industryRef: Sec. 4 (1)
Who Is Most Affected
- PatientsPositive Impact
Patients benefit from lower fees, faster access to records, and stronger legal protections. This is particularly impactful for those appealing disability benefits or navigating complex medical/legal issues.
- Health care providers and facilitiesNegative Impact
Health care providers and facilities face new compliance burdens, including strict timelines for record requests, fee caps, and potential liability for attorneys' fees in enforcement actions. This may increase administrative costs and legal risks.
- Patient representatives, attorneys, and advocatesPositive Impact
Attorneys and advocates representing patients benefit from clearer rules on record access and fee caps, which can streamline their work and reduce costs for their clients. The ability to recover attorneys' fees also makes it more viable for them to take on cases involving record access disputes.
- Third-party vendors and business associatesMixed Impact
Third-party vendors and business associates of health care providers are subject to the same fee caps and record delivery standards as the providers they serve. This may limit their ability to charge for record retrieval services and requires them to align with new state standards.
- Law enforcement, corrections staff, and public health officialsMixed Impact
Law enforcement and corrections staff have clarified access to mental health and sexually transmitted disease information under specific circumstances, which may aid in risk assessments and safety planning but also requires them to adhere to strict confidentiality rules.