Prepared by Laura Groshong, WSCMHPC Lobbyist
12/1/03
Below please find a summary of Washington state privacy regulations.
These are almost exactly the same as HIPAA privacy standards but
were not well known to most clinicians until HIPAA raised consciousness
of the need to know our state standards. More information on being
HIPAA compliant can be found at the Clinical Social Work Federation
website, www.cswf.org .
1. Disclosure of Records to Patient – in 15 days
unless HC provider determines will
be “injurious to health of patient”, information for legislative
purposes only, will
endanger self or others, or confidentiality of others will be compromised.
2. Right to Amend – written request to change
records within 10 days record must be changed or add patient “statement
of disagreement” to record.
3. Disclosure Statement of Clinician (similar to NPP)
– required for registered counselors and licensed master’s level
clinicians. Must include clinician’s privacy practices in addition
to other information about clinical administrative practices and
theoretical base.
4. Authorization – no release of patient information
without written authorization by patient - must include what information
is being disclosed, person or institution receiving information,
and who is disclosing information.
5. Authorization Exceptions (non-insurance) –
other former or current clinicians or health care providers who
have treated patient, quality assurance, peer review, administrative
purposes, health care education, mandatory reporting, disclosures
to family members unless patient prohibits in writing, research,
audits, law enforcement purposes, coroners, for public health purposes.
6. Maintain Records – clinician must maintain
records for seven years following authorization to disclose.
7. Insurers – same standards as clinicians under
70.02
8. HIPAA – minimum necessary information, training
of employees, identify anyone authorized to receive information
without authorization
9. Marketing – no marketing of identifiable information
without authorization
10. Privilege – for psychologists, psychiatrists
and ARNPs, not LICSWs, LMFTs, or LMHCs
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