Health care nondisclosure

AN ACT Relating to prohibiting certain nondisclosure and 1
nondisparagement provisions in agreements between health care 2
providers and patients related to medical malpractice, or any tort or 3
crime; adding a new section to chapter 4.24 RCW; and prescribing 4
penalties. 5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:6
NEW SECTION. Sec. 1. A new section is added to chapter 4.24 RCW 7
to read as follows: 8
(1)(a) A provision in an agreement between a health care provider 9
and patient not to disclose or discuss any act, error, or omission by 10
the health care provider, or the existence of a settlement involving 11
any act, error, or omission by the health care provider, that the 12
patient reasonably believes under Washington state, federal, or 13
common law to constitute medical malpractice, or any tort or crime, 14
is void and unenforceable. 15
(b) Prohibited nondisclosure and nondisparagement provisions 16
include, but are not limited to, nondisclosure and nondisparagement 17
provisions concerning any act, error, or omission by a health care 18
provider occurring in the course of any health care, whether 19
occurring on or off a premises owned or controlled by the health care 20
provider. 21
H-0500.2
HOUSE BILL 1507
State of Washington 69th Legislature 2025 Regular Session
By Representatives Scott, Berry, Peterson, Reed, Simmons, Ormsby,
Farivar, Parshley, Fosse, Macri, Ramel, Pollet, and Ortiz-Self
Read first time 01/22/25. Referred to Committee on Civil Rights &
Judiciary.
p. 1 HB 1507
(c) Prohibited nondisclosure and nondisparagement provisions 1
include, but are not limited to, nondisclosure and nondisparagement 2
provisions contained in any agreement related to the provision of any 3
health care, agreements to pay compensation in exchange for the 4
release of a legal claim arising from the provision of health care, 5
and any other agreement between a health care provider and patient.6
(2) This section does not prohibit the enforcement of a provision 7
in any agreement that prohibits the disclosure of the amount paid in 8
settlement of a legal claim. 9
(3) It is a violation of this section for a health care provider 10
to request or require a patient to enter into any agreement provision 11
that is prohibited by this section, or for a health care provider to 12
enter into an agreement containing a provision prohibited by this 13
section. 14
(4) It is a violation of this section for a health care provider 15
to attempt to enforce a provision of an agreement prohibited by this 16
section, whether through a lawsuit, a threat to enforce, or any other 17
attempt to influence a party to comply with a provision in any 18
agreement that is prohibited by this section. 19
(5) This section does not prohibit a health care provider and 20
patient from agreeing to protect confidential information that does 21
not involve or is not relevant to any allegation of medical 22
malpractice, or any tort or crime. 23
(6) A health care provider who violates this section after the 24
effective date of this section is liable in a civil cause of action 25
for actual or statutory damages of $10,000, whichever is more, as 26
well as reasonable attorneys' fees and costs. 27
(7) A nondisclosure or nondisparagement provision in any 28
agreement between a patient who is a Washington resident and their 29
health care provider is governed by Washington law.30
(8) The provisions of this section are to be liberally construed 31
to fulfill its remedial purpose. 32
(9) Within one year of the effective date of this section, any 33
health care provider that has previously entered into any agreement 34
with a patient containing provisions prohibited by this act must 35
provide written notification to the patient, the patient's legal 36
counsel of record if any, and any other person bound by the 37
agreement, of the existence of this act and identify all provisions 38
of the agreement that are no longer enforceable. 39
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(10) As an exercise of the state's police powers and for remedial 1
purposes, this section is retroactive from the effective date of this 2
section only to invalidate nondisclosure or nondisparagement 3
provisions in agreements created before the effective date of this 4
section. This subsection allows the recovery of damages to prevent 5
enforcement of such provisions but does not allow recovery of damages 6
based on the existence of such provisions. 7
(11) The definitions in this subsection apply throughout this 8
section unless the context clearly requires otherwise.9
(a) "Health care" means any care, service, or procedure provided 10
by a health care provider: (i) To diagnose, treat, or maintain a 11
patient's physical or mental condition; or (ii) that affects the 12
structure or any function of the human body. 13
(b) "Health care provider" has the same meaning as provided in 14
RCW 7.70.020. 15
(c) "Medical malpractice" means an actual or alleged negligent 16
act, error, or omission in providing or failing to provide health 17
care services that is actionable under chapter 7.70 RCW.18
(d) "Patient" means an individual who receives or has received 19
health care. The term includes a deceased individual who has received 20
health care. 21
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