Washington 2019-2020 Regular Session Status: Enacted Bipartisan · 4 R · 2 D cosponsors

HB 1909 — Concerning the confidentiality of industrial insurance claim records.

Last action — Effective date 7/28/2019.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 05, 2019. Enacted.

Prognosis

Likely to advance 98% · high confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 6 sponsors

    1 primary, 5 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (4 R · 2 D) — cross-party backing.

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

1 added · 1 removed

Plain-language change summary

The revised version of Bill HB 1909 now makes it clear that employers must maintain written policies to protect the confidentiality of injury claim files. Additionally, it introduces a civil penalty for employers if they improperly disclose sensitive information about a worker's mental health condition. These changes are important because they enhance privacy protections for injured workers and ensure that employers are held accountable for maintaining confidentiality in sensitive cases.

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H-1808.1SUBSTITUTE HOUSE BILL 1909State of Washington66th Legislature2019 Regular SessionByHouse Labor & Workplace Standards (originally sponsored by Representatives Graham, Lovick, Griffey, Davis, MacEwen, and Corry)READ FIRST TIME 02/21/19.AN ACT Relating to protecting the confidentiality of industrial insurance claim records;
H-1376.1HOUSE BILL 1909State of Washington66th Legislature2019 Regular SessionByRepresentatives Graham, Lovick, Griffey, Davis, MacEwen, and CorryRead first time 02/05/19.Referred to Committee on Labor & Workplace Standards.AN ACT Relating to protecting the confidentiality of industrial insurance claim records;
RCW 51.28.070 and 1990 c 209 s 2 are each amended to read as follows:(1) Information contained in the claim files and records of injured workers, under the provisions of this title, shall be deemed confidential and shall not be open to public inspection (other than to public employees in the performance of their official duties), but representatives of a claimant, be it an individual or an organization, may review a claim file or receive specific information therefrom upon the presentation of the signed authorization of the claimant.(2) A claimant may review his or her claim file if the director determines, pursuant to criteria adopted by rule, that the review is in the claimant's interest.(3)(a) Employers or their duly authorized representatives may review any files of their own injured workers in connection with any pending claims.(b) If the employer or the employer's duly authorized representative reveals information in a claim file regarding a mental health condition or treatment to any person other than a duly authorized representative, the employer is subject to a civil penalty of one thousand dollars for each occurrence.
RCW 51.28.070 and 1990 c 209 s 2 are each amended to read as follows:(1) Information contained in the claim files and records of injured workers, under the provisions of this title, shall be deemed confidential and shall not be open to public inspection (other than to public employees in the performance of their official duties), but representatives of a claimant, be it an individual or an organization, may review a claim file or receive specific information therefrom upon the presentation of the signed authorization of the claimant.(2) A claimant may review his or her claim file if the director determines, pursuant to criteria adopted by rule, that the review is in the claimant's interest.(3)(a) Employers or their duly authorized representatives, and their agents who have a need to know the information contained in the claim files of an injured worker, may review any files of their own injured workers in connection with any pending claims.(b) An employer shall establish a written policy regarding the storage of any files of its own injured workers to protect the confidentiality of the information.(c) If the employer or the employer's agent reveals information in a claim file to any person other than an authorized representative or a person who has a need to know, the employer is subject to a civil penalty of one thousand dollars for each occurrence.
The department must investigate a complaint and must issue a notice of assessment if it determines that the employer or the employer's duly authorized representative violated this subsection.
The department must investigate a complaint and must issue a notice of assessment if it determines that the employer or the employer's agent violated this subsection.
Once the order is final, the amount due shall be collected in accordance with RCW 51.48.140 and 51.48.150 and deposited in the supplemental pension fund.(4) The department shall ensure that employers and workers are notified upon the allowance of a claim of their rights and responsibilities under this section.(5) Physicians treating or examining workers claiming benefits under this title, or physicians giving medical advice to the department regarding any claim may, at the discretion of the department, inspect the claim files and records of injured workers, and other persons may make such inspection, at the department's discretion, when such persons are rendering assistance to the department at any stage of the proceedings on any matter pertaining to the administration of this title.--- END ---
Once the order is final, the amount due shall be collected in accordance with RCW 51.48.140 and 51.48.150 and deposited in the supplemental pension fund.(4) Physicians treating or examining workers claiming benefits under this title, or physicians giving medical advice to the department regarding any claim may, at the discretion of the department, inspect the claim files and records of injured workers, and other persons may make such inspection, at the department's discretion, when such persons are rendering assistance to the department at any stage of the proceedings on any matter pertaining to the administration of this title.--- END ---
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Action History

  1. Effective date 7/28/2019.

  2. Chapter 34, 2019 Laws.

  3. Governor signed.

  4. Delivered to Governor.

  5. President signed.

  6. Speaker signed.

  7. Third reading, passed; yeas, 48; nays, 0; absent, 0; excused, 1.

  8. Rules suspended. Placed on Third Reading.

  9. Placed on second reading consent calendar.

  10. Passed to Rules Committee for second reading.

  11. Scheduled for public hearing in the Senate Committee on Labor & Commerce at 08:30 AM

  12. Scheduled for public hearing in the Senate Committee on Labor & Commerce at 08:30 AM

  13. LBRC - Majority; do pass.

  14. First reading, referred to Labor & Commerce.

  15. Third reading, passed; yeas, 97; nays, 0; absent, 0; excused, 1.

  16. Rules suspended. Placed on Third Reading.

  17. 1st substitute bill substituted.

  18. 1st substitute bill substituted.

  19. Placed on second reading by Rules Committee.

  20. Placed on second reading by Rules Committee.

  21. Referred to Rules 2 Review.

  22. Referred to Rules 2 Review.

  23. Scheduled for public hearing in the House Committee on Labor & Workplace Standards at 01:30 PM

  24. LAWS - Majority; 1st substitute bill be substituted, do pass.

  25. LAWS - Majority; 1st substitute bill be substituted, do pass.

  26. Scheduled for public hearing in the House Committee on Labor & Workplace Standards at 03:30 PM

  27. First reading, referred to Labor & Workplace Standards.

Sponsors

Sponsorship breakdown

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1 sponsors · 5 co-sponsors · 145 not signed on

Sponsors (1)

Co-sponsors (5)

Not signed on (145)

145 members have not signed on to this bill.

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"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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

3rd Reading & Final Passage (#11)

Passed 48 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 26001
Republican 9000
Democrat 13000
Total 48001
% of votes cast 98%0%0%2%
How each member voted (49)
Member Party Vote
Bailey — Yea
Becker — Yea
Billig — Yea
Brown — Yea
Carlyle — Yea
Darneille — Yea
Das — Yea
Ericksen — Yea
Frockt — Yea
Hawkins — Yea
Hobbs — Yea
Honeyford — Yea
Keiser — Yea
Kuderer — Yea
McCoy — Yea
Mullet — Yea
O'Ban — Yea
Padden — Yea
Palumbo — Yea
Randall — Yea
Rivers — Yea
Rolfes — Yea
Sheldon — Yea
Takko — Yea
Wilson, L. — Not Voting
Zeiger — Yea
Van De Wege — Yea
Annette Cleveland Democrat Yea
Bob Hasegawa Democrat Yea
Claire Wilson Democrat Yea
Jamie Pedersen Democrat Yea
Jesse Salomon Democrat Yea
Joe Nguyen Democrat Yea
Lisa Wellman Democrat Yea
Liz Lovelett Democrat Yea
Manka Dhingra Democrat Yea
Marko Liias Democrat Yea
Rebecca Saldaña Democrat Yea
Steve Conway Democrat Yea
Victoria Hunt Democrat Yea
Curtis King Republican Yea
Jeff Holy Republican Yea
Jim Walsh Republican Yea
John Braun Republican Yea
Judy Warnick Republican Yea
Keith Wagoner Republican Yea
Mark Schoesler Republican Yea
Phil Fortunato Republican Yea
Shelly Short Republican Yea

Official roll call →

Final Passage (#16)

Passed 97 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 32001
Republican 22000
Democrat 43000
Total 97001
% of votes cast 99%0%0%1%
How each member voted (98)
Member Party Vote
Appleton — Not Voting
Blake — Yea
Chambers — Yea
Chandler — Yea
Chopp — Yea
Cody — Yea
DeBolt — Yea
Dolan — Yea
Hoff — Yea
Hudgins — Yea
Irwin — Yea
Jenkin — Yea
Kirby — Yea
Klippert — Yea
Kraft — Yea
Kretz — Yea
Maycumber — Yea
McCaslin — Yea
Mead — Yea
Morris — Yea
Mosbrucker — Yea
Pellicciotti — Yea
Pettigrew — Yea
Sells — Yea
Shea — Yea
Smith — Yea
Sullivan — Yea
Sutherland — Yea
Tarleton — Yea
Vick — Yea
Wilcox — Yea
Young — Yea
Van Werven — Yea
Amy Walen Democrat Yea
Beth Doglio Democrat Yea
Bill Ramos Democrat Yea
Chris Kilduff Democrat Yea
Cindy Ryu Democrat Yea
Dave Paul Democrat Yea
Debra Entenman Democrat Yea
Debra Lekanoff Democrat Yea
Derek Stanford Democrat Yea
Drew Hansen Democrat Yea
Gerry Pollet Democrat Yea
Jake Fey Democrat Yea
Javier Valdez Democrat Yea
Joe Fitzgibbon Democrat Yea
John Lovick Democrat Yea
June Robinson Democrat Yea
Kristine Reeves Democrat Yea
Larry Springer Democrat Yea
Lauren Davis Democrat Yea
Laurie Jinkins Democrat Yea
Lillian Ortiz-Self Democrat Yea
Lisa Callan Democrat Yea
Marcus Riccelli Democrat Yea
Mari Leavitt Democrat Yea
Melanie Morgan Democrat Yea
Mia Gregerson Democrat Yea
Mike Chapman Democrat Yea
Monica Jurado Stonier Democrat Yea
My-Linh Thai Democrat Yea
Nicole Macri Democrat Yea
Noel Frame Democrat Yea
Roger Goodman Democrat Yea
Sharon Shewmake Democrat Yea
Sharon Tomiko Santos Democrat Yea
Sharon Wylie Democrat Yea
Shelley Kloba Democrat Yea
Steve Bergquist Democrat Yea
Steve Tharinger Democrat Yea
Strom Peterson Democrat Yea
Tana Senn Democrat Yea
Timm Ormsby Democrat Yea
Tina Orwall Democrat Yea
Vandana Slatter Democrat Yea
Alex Ybarra Republican Yea
Andrew Barkis Republican Yea
Carolyn Eslick Republican Yea
Chris Corry Republican Yea
Chris Gildon Republican Yea
Dan Griffey Republican Yea
Drew MacEwen Republican Yea
Drew Stokesbary Republican Yea
Ed Orcutt Republican Yea
Jenny Graham Republican Yea
Jeremie Dufault Republican Yea
Jim Walsh Republican Yea
Joe Schmick Republican Yea
Keith Goehner Republican Yea
Mary Dye Republican Yea
Matt Boehnke Republican Yea
Michelle Valdez Republican Yea
Mike Steele Republican Yea
Mike Volz Republican Yea
Paul Harris Republican Yea
Skyler Rude Republican Yea
Tom Dent Republican Yea

Official roll call →

Subjects

labor
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Frequently asked questions

Who sponsors HB 1909?
HB 1909 is sponsored by Jenny Graham (Republican), John Lovick (Democrat), Dan Griffey (Republican), Lauren Davis (Democrat), Drew MacEwen (Republican), and Chris Corry (Republican).
What is the current status of HB 1909?
This bill has been enacted into law. Introduced February 05, 2019. Enacted.
Where can I track HB 1909?
Track HB 1909 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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