AN ACT Relating to improving the state governmental public health system and the health system and health status of American Indians and Alaska Natives through the sharing and protection of tribal data;
Bill Description
Concerning sharing and protection of tribal data.
What this bill does Powered by Legitron
The bill adds new law to chapter 43.71B RCW, reenacts and amends the definitions in RCW 43.71B.010, and creates new sections in chapters 43.20 and 42.56 RCW. It requires the state agencies identified in RCW 43.71B.020(1)(b)(i) to use and share tribal data consistent with enumerated tribal data sovereignty principles, to include those principles in data sharing agreements, to consult the governor’s Indian health advisory council tribal data sharing agreement checklist when developing agreements, and to seek input from the council’s tribal data sovereignty committee on implementation and related issues. The bill also defines “tribal data” and a range of related terms in RCW 43.71B.010.
The bill creates a public records exemption in chapter 42.56 RCW for tribal data prepared, owned, used, or retained by the specified state agencies or by local health jurisdictions under RCW 43.70.575. It requires the state board (per RCW 43.20.050(2)(f)) to amend rules by July 31, 2027 for prevention and control of infectious and noninfectious diseases so that notifiable conditions must be reported to tribal health jurisdictions where the patient resides or, if residence is unknown, where treated, and to require notification to tribal health jurisdictions wherever local health jurisdictions must be notified; the new section states it does not assert state jurisdiction over tribes.
These are procedural and definitional changes, including new rulemaking duties and a public-records exemption; no changes to criminal penalties are described in the provided facts. Important specifics are missing from the extracted text: the exact list of agencies in RCW 43.71B.020(1)(b)(i), the identity of the “state board” referenced, and the contents or membership of the governor’s checklist and tribal data sovereignty committee. The bill contains a funding contingency that makes it null and void if specific funding referencing this act is not provided in the omnibus appropriations act by June 30, 2026.
Why it matters Powered by Legitron
If enacted, the agencies identified in the referenced statute will have to change how they handle tribal data: they must rewrite data-sharing agreements to include tribal data sovereignty principles, consult the governor’s advisory council committee and checklist, and follow those principles when using or sharing tribal data. Tribal data held by those state agencies or by local health jurisdictions will no longer be subject to public disclosure, which will limit public access to that information and shift control and decision-making about use, sharing, and breach notification toward tribes; this will add administrative steps and responsibilities for the affected agencies.
Health care providers, facilities, and laboratories will be required by revised state disease rules (to be adopted by July 31, 2027) to report notifiable conditions to tribal health jurisdictions when a patient lives there or was treated there, and tribes must be notified whenever local health jurisdictions are notified, increasing notification duties for reporters and expanding tribal public health awareness. The bill only takes effect if specific funding is included in the omnibus appropriations by June 30, 2026; the exact agencies covered, the content of the governor’s checklist, and the identity of the “state board” to amend rules are not specified in the provided facts.