SB 5254 — Strengthening patients' rights regarding their health care information.
Last action — By resolution, reintroduced and retained in present status.
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✓Introduced
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✓In Committee
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3Passed Senate
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4Passed House
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5To Executive
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6Enacted
This bill has passed the Senate. Introduced January 14, 2025. It now moves to the second chamber.
Next likely step: consideration and a floor vote in the House.
Odds of enactment
Moderate chanceBased on the sponsor, cosponsors, and committee posture, this bill has a moderate chance of becoming law.
Upgrade to see the exact probability and what's driving it.
A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.
Prognosis
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Passed Senate
Current position in the legislative process.
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6 sponsors
1 primary, 5 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (6 D).
Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.
Bill Text
What changed in the latest version
812 added · 816 removedPlain-language change summary
The recent amendment to Bill SB 5254 makes it clear that health care providers or facilities can charge a fee for providing health care information, but they cannot charge more than $50 for specific groups, such as the patient and their representatives. Importantly, this version removes the earlier stipulation that the fee only applies to electronically stored information, meaning that the fee cap now applies to all formats. This change matters because it ensures that patients and their advocates can access their health information more affordably, regardless of how that information is stored or shared.
S-1531.1S-0416.2 SUBSTITUTE SENATE BILL 5254 State of Washington 69th Legislature 2025 Regular Session By Senate Health & Long-Term Care (originally sponsored by Senators Orwall, Trudeau, Frame, Nobles, Valdez, and C.
Wilson)Wilson READRead FIRSTfirst TIMEtime 02/21/25.01/14/25.
Referred to Committee on Health & Long- Term Care.
(1) Except as provided in subsection (2) of this section,section and RCW 70.02.370, and the federal health insurance portability and accountability act of 1996 and its implementing regulations, a health care provider or health care facility may charge a reasonable fee, in accordance with the departmentdepartment's of health'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.
(2)(a) 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 that is stored electronically and delivered in an electronic format to:
p.(i) The patient;
1 SSB 5254 (i) The patient;
(iii)p. A licensed attorney who is representing the patient or the patient's estate;
1 SB 5254 (iii) A licensed attorney who is representing the patient or the patient's estate;
(b) The $50 fee limit for providing electronic health records in an electronic format in (a) of this subsection applies to any third party acting on behalf of a health care provider or health care facility, including any agent, vendor, or business associate.
(3) The department of health 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.
p.(5) "Custody" has the same meaning as in RCW 71.05.020.
2(6) SSB"Deidentified" 5254means (5)health "Custody"information hasthat thedoes samenot meaningidentify asan inindividual RCWand 71.05.020.with respect to which there is no p.
(6)2 "Deidentified"SB means5254 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.
(17) "Health care information" means any information, whether oral or recorded in any form or medium, that identifies or can p.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.
3p. SSB 5254 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.
3 SB 5254 The term includes any required accounting of disclosures of health care information.
and p.(f) Business management and general administrative activities of the health care facility, health care provider, or third-party payor including, but not limited to:
4p. SSB 5254 (f) Business management and general administrative activities of the health care facility, health care provider, or third-party payor including, but not limited to:
4 SB 5254 (i) Management activities relating to implementation of and compliance with the requirements of this chapter;
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 p.treatment facilities.
5 SSB 5254 treatment facilities.
For health care information maintained by a hospitalp. 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.
5 SB 5254 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.
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 p.
6 SSBSB 5254 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.
p.(C) Social security number;
7 SSB 5254 (C) Social security number;
(E)p. Account number;
7 SB 5254 (E) Account number;
(((44))) (42) "Sexually transmitted infection" or "sexually transmitted disease" has the same meaning as "sexually transmitted disease" in RCW 70.24.017.
8 SSBSB 5254 (((44)))(((45))) (42)(43) "Sexually"Test transmittedfor infection"a orsexually "sexually transmitted disease" has the same meaning as "sexually transmitted disease" in RCW 70.24.017.
(((45))) (43) "Test for a sexually transmitted disease" has the same meaning as in RCW 70.24.017.
(b) Upon request of a patient or a patient's personal representative, a health care facility or health care provider shall provide the patient or representative with one copy of the patient's p.
9 SSBSB 5254 (b) Upon request of a patient or a patient's personal representative, a health care facility or health care provider shall provide the patient or representative with one copy of the patient's health care information free of charge if the patient is appealing the denial of federal supplemental security income or social security disability benefits.
p.(((5))) (4) 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.
10(((6))) SSB(5) 5254When (((5)))an (4)authorization Exceptpermits as provided by this chapter, the signingdisclosure of anhealth authorizationcare byinformation ato patient is not a waiverfinancial ofinstitution anyor rightsan aemployer patient has under other statutes, the rules of evidence,p. or common law.
(((6)))10 (5)SB When5254 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.
(d) 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 p.than ((twenty-one)) 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;
11 SSB 5254 than ((twenty-one)) 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;
Show all 68 changed lines (28 more)
(2)p. Upon request, the health care provider shall provide an explanation of any code or abbreviation used in the health care information.
11 SB 5254 (2) Upon request, the health care provider shall provide an explanation of any code or abbreviation used in the health care information.
(2) If a health care provider denies a request for ((examination and copying)) the patient to obtain health care information under this section, the provider, to the extent possible, shall segregate p.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 ((examine or copy)) obtain the disclosable information.
12p. SSB 5254 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 ((examine or copy)) obtain the disclosable information.
12 SB 5254 (3) If a health care provider denies a patient's request for ((examination and copying)) obtaining health care information, in whole or in part, under subsection (1)(a) or (c) of this section, the provider shall permit ((examination and copying of the record by)) another health care provider((,)) to obtain the health care information if the other health care provider has been selected by the patient((, who)) and 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.
p.(d) The patient's guardian;
13 SSB 5254 (d) The patient's guardian;
Sec.p.
13 SB 5254 Sec.
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 p.
14 SSBSB 5254 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.
This information may also be received by a person responsible for providing residential care for such a child when the department of social and health services, the department of children, youth, and families, or a p.
15 SSBSB 5254 care for such a child when the department of social and health services, the department of children, youth, and families, or a licensed child-placing agency determines that it is necessary for the provision of child care services.
(c) 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 p.
16 SSBSB 5254 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.
p.(6) 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.
17The SSBcounty 5254p. (6) 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.
The17 countySB 5254 prosecuting attorney shall notify the victim of the right to such disclosure.
(b) Legal counsel for the mental health service agency, including a county prosecutor or assistant attorney general who represents the mental health service agency for the purpose of involuntary p.commitment proceedings, may release this information on behalf of the mental health service agency.
18p. SSB 5254 commitment proceedings, may release this information on behalf of the mental health service agency.
18 SB 5254 (c) Nothing in this subsection requires the disclosure of attorney work product or attorney-client privileged information.
(i) Has engaged in activity indicating that a crime or a violation of community custody or parole has been committed or, based p.
19 SSBSB 5254 (i) Has engaged in activity indicating that a crime or a violation of community custody or parole has been committed or, based upon his or her current or recent past behavior, is likely to be committed in the near future;
The p.initial request may be written or oral.
20 SSB 5254 initial request may be written or oral.
Information released in response top. an oral request is limited to a statement as to whether the offender is or is not being treated by the mental health service agency and the address or information about the location or whereabouts of the offender.
20 SB 5254 to an oral request is limited to a statement as to whether the offender is or is not being treated by the mental health service agency and the address or information about the location or whereabouts of the offender.
21 SSBSB 5254
Show all 68 changed rows (28 more)
View plain text versions (2)
- Bill View text Current pdf
- Substitute Substitute Bill pdf
Action History
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By resolution, reintroduced and retained in present status.
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Referred to Ways & Means.
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Minority; without recommendation.
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Minority; do not pass.
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And refer to Ways & Means.
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HLTC - Majority; 1st substitute bill be substituted, do pass.
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Executive action taken in the Senate Committee on Health & Long-Term Care at 8:00 AM.
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Public hearing in the Senate Committee on Health & Long-Term Care at 10:30 AM.
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First reading, referred to Health & Long-Term Care.
Sponsors
- Claire Wilson · Cosponsor
- T'wina Nobles · Cosponsor
- Noel Frame · Cosponsor
- Yasmin Trudeau · Cosponsor
- Tina Orwall · Primary
- Javier Valdez · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 5 co-sponsors · 145 not signed on
Sponsors (1)
- Tina Orwall Democrat
Co-sponsors (5)
- Claire Wilson Democrat
- T'wina Nobles Democrat
- Noel Frame Democrat
- Yasmin Trudeau Democrat
- Javier Valdez Democrat
Not signed on (145)
145 members have not signed on to this bill.
Show all 145 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- Who sponsors SB 5254?
- SB 5254 is sponsored by Claire Wilson (Democrat), T'wina Nobles (Democrat), Noel Frame (Democrat), Yasmin Trudeau (Democrat), Tina Orwall (Democrat), and Javier Valdez (Democrat).
- What is the current status of SB 5254?
- This bill has passed the Senate. Introduced January 14, 2025. It now moves to the second chamber.
- Where can I track SB 5254?
- Track SB 5254 free on One Click Politics — get push/email alerts when it moves.
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