WeVote
Log In

Bill

Bill

SB 5421

Exempting benefit enrollment information collected and maintained by the health care authority from public inspection and copying under the public records act.

2023-2024 Regular Session Introduced by Steve Conway and 1 co-sponsor

Exempts benefit enrollment data held by WA HCA (PEBB/SEBB) from public records; only deidentified/aggregate data may be released, protecting enrollees and dependents.

Effective date 7/23/2023.
0
WeVote Research Nonpartisan
Bill Summary · SB 5421

SB 5421 — Summary (Benefit enrollment information exemption)

Status: Chapter 45, 2023 Laws — effective July 23, 2023
Sponsors: Sen. Steve Conway and Sen. Van De Wege
Source: Amends RCW 42.56.250 (Public Records Act exemptions)

Purpose / Intent

The law creates a specific Public Records Act (PRA) exemption for benefit enrollment information collected and maintained by the Washington Health Care Authority (HCA) in its role as director of the Public Employees' Benefits Board (PEBB) and the School Employees' Benefits Board (SEBB). The intent is to protect personal and demographic data of employees, retirees, and dependents enrolled in those benefit programs while still allowing deidentified or aggregate reporting.

Key provisions

  • Adds a new exemption in RCW 42.56.250 for "benefit enrollment information" held by the HCA as director of PEBB and SEBB.
  • The exemption covers (except in deidentified or aggregate form):
    • Personal contact and identification: residential addresses; residential and personal wireless phone numbers; personal email addresses; Social Security numbers; driver’s license or identicard numbers; emergency contact information; payroll deduction details.
    • Dependent information: dependent name and certain dependent contact/identification fields.
    • Personal data and demographics: date of birth; race/ethnicity; sexual orientation; immigration status; national origin; disability status.
    • Benefit-specific and supporting documents: benefit elections; documents used to verify dependency (e.g., tax returns, marriage or birth certificates); marital status; primary language; tobacco use status; tribal affiliation.
  • The statute expressly permits release of such information only in deidentified or aggregate formats.
  • No appropriation; fiscal note not requested.

Who is affected

  • Primary: Enrollees, dependents, and retirees in PEBB and SEBB plans administered by HCA.
  • Administrative: Health Care Authority (HCA) — custodial responsibility for the exempt records.
  • Users of public records: journalists, researchers, members of the public, and private entities seeking lists or contact/identity data for marketing or other purposes.
  • Employers and partnering entities whose employees participate in PEBB/SEBB (HCA administers plans for hundreds of public employers).

Background and rationale

  • The PRA generally requires disclosure of public records unless an exemption applies; employment-related contact and identity information already has exemptions in other contexts.
  • Federal HIPAA and state UHCIA protect health information but do not necessarily cover all enrollment or demographic fields collected by HCA. Testimony cited CMS requirements (e.g., race/ethnicity collection for Medicare Advantage) and concerns about retiree-targeted marketing as motivating factors.

Procedural / timeline notes

  • Passed both chambers during the 2023 session; Governor approved. Effective date: 90 days after adjournment (effective July 23, 2023).
  • Committee hearings and sponsor testimony were recorded; no opposition listed in committee testimony.

Practical implications

  • Strengthens privacy protections for public employee and school employee benefit enrollees by removing access to many personally identifying and demographic fields from routine public-records release.
  • Preserves ability to use/produce deidentified or aggregate data for analysis and reporting.
  • Limits access to contact and identity data that could be used for targeted marketing or unwanted solicitations, particularly of retirees; may reduce data available to some public-interest research unless aggregated or deidentified.

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.