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HIPAA Compliance in Washington: My Health My Data Act

Washington healthcare organizations must comply with federal HIPAA plus the My Health My Data Act and other state privacy laws. This guide covers the My Health My Data Act (Washington's consumer health data law), Uniform Health Care Information Act, and other Washington requirements that extend beyond HIPAA.

Quick Answer

Washington imposes healthcare privacy through multiple frameworks: HIPAA (federal), the My Health My Data Act (RCW 19.255.010 et seq.), Uniform Health Care Information Act (RCW 70.02.005), and data breach notification laws. The My Health My Data Act is particularly significant: it restricts the sale and use of health data for certain purposes (targeted advertising, insurance/employment decisions, preventive health purposes), even when patients initially consent. Additionally, Washington requires patient data access in accessible formats, restricts secondary uses of health data, and allows enforcement by both the Washington Attorney General and private consumer lawsuits. Healthcare organizations must comply with overlapping requirements across all frameworks.

How Washington Law Extends Beyond HIPAA

Washington law creates unique privacy obligations for consumer health data:

1. My Health My Data Act (RCW 19.255.010 et seq.)

Washington's comprehensive health data law applies to entities handling consumer health data:

2. Uniform Health Care Information Act (RCW 70.02.005 et seq.)

State law governing healthcare information privacy for all providers:

3. Washington Data Breach Notification Law (RCW 19.255.010, RCW 19.86)

Requires notification of breaches of personal information:

4. Washington Consumer Protection Act (RCW 19.86)

Provides enforcement authority for unfair healthcare practices:

5. Washington Mental Health & Substance Abuse Confidentiality

Additional protections for sensitive health information:

Key Washington State Statutes & References

Washington Revised Code §19.255.010 et seq. (My Health My Data Act)
Restricts sale and secondary use of consumer health data. Prohibits use for targeted advertising, insurance/employment decisions. Grants consumer rights to access, correct, delete, and port health data. Enforced by Washington AG and private lawsuits.
Washington Revised Code §70.02.005 et seq. (Uniform Health Care Information Act)
Establishes healthcare information privacy standards for all healthcare providers. Requires written authorization for disclosure. Grants patient access and amendment rights. Applies to all providers handling health information.
Washington Revised Code §19.255.010 (Data Breach Notification)
Requires notification of breaches of personal information without unreasonable delay. Applies to all entities handling Washington resident data.
Washington Revised Code §19.86 (Consumer Protection Act)
Prohibits unfair and deceptive practices. Healthcare privacy violations can be pursued as consumer protection violations. Private right of action with damages up to $2,000 per violation plus attorney fees.
Washington Revised Code §70.02.060 (Mental Health Treatment Records Confidentiality)
Protects confidentiality of mental health treatment records. Requires specific authorization for disclosure. Enhanced protections beyond HIPAA.
Washington Revised Code §70.96A (Substance Abuse Treatment Confidentiality)
Protects substance abuse treatment information. Implements federal 42 CFR Part 2 plus Washington state enhancements.

Washington Attorney General Enforcement

Washington enforces healthcare privacy and consumer health data laws through multiple mechanisms:

Enforcement activity: Washington AG has indicated active enforcement of the My Health My Data Act, particularly against entities using health data for targeted advertising or insurance/employment purposes without proper authorization.

Comparison: HIPAA vs. Washington State Requirements

Area HIPAA Washington Law More Stringent
Sale of Health Data Generally permitted with authorization My Health My Data: Sale prohibited; no exceptions Washington
Targeted Health Advertising Generally permitted with authorization My Health My Data: Prohibited; limited exceptions Washington
Insurance Use of Health Data Permitted for certain purposes My Health My Data: Prohibited except for direct insurer uses Washington
Employment Use of Health Data Limited restrictions My Health My Data: Prohibited for employment decisions Washington
Authorization for Disclosure General authorization acceptable Uniform Act: Specific authorization for sensitive data Washington
Breach Notification 60 days of discovery Without unreasonable delay Washington
Private Right of Action No private HIPAA right for patients My Health My Data and Consumer Protection Act allow lawsuits Washington
Statutory Damages Available Not for patients Up to $2,000 per violation under Consumer Protection Act Washington

Washington-Specific Health Data Restrictions

My Health My Data Act Prohibitions

Consumer Health Data Rights

Data Breach Notification

Frequently Asked Questions

Does the My Health My Data Act apply to HIPAA covered entities? +

The My Health My Data Act explicitly applies to entities that are NOT regulated as HIPAA covered entities or business associates. So if you're a HIPAA covered entity, the My Health My Data Act does not directly apply to your core healthcare functions. However, if you operate non-HIPAA-regulated health-related services (health apps, wellness platforms, health data analytics, third-party health information systems), those may be subject to the law. Additionally, even HIPAA covered entities should be aware of the Act's principles, as Washington may expand it or as you engage with non-HIPAA regulated vendors.

Can we use health data for targeted advertising under Washington law? +

Generally no. The My Health My Data Act prohibits using health data to create targeted health or wellness advertisements. There is a narrow exception for direct-to-consumer health information (like health tips from your doctor), but commercial targeted advertising using consumer health data is prohibited. Even if a consumer gave authorization, the prohibition stands. This is a significant limitation compared to HIPAA, which permits marketing communications with authorization. If your organization uses health data for any form of targeted advertising to Washington residents, you're likely violating the law.

Can we sell Washington resident health data? +

No. The My Health My Data Act absolutely prohibits the sale of consumer health data. Even if Washington residents consent, you cannot sell their health data. This is a bright-line rule with no exceptions based on authorization. If your business model involves selling health data to third parties (for research, marketing, analytics), you cannot do so for Washington residents. This applies to all entities except those regulated as HIPAA covered entities/business associates, so non-traditional healthcare entities (health apps, analytics firms, health data brokers) are particularly affected.

What are the damages for My Health My Data Act violations? +

My Health My Data Act violations can be pursued as consumer protection violations under Washington Revised Code §19.86. This means consumers can sue directly for: (1) Actual damages (costs they incurred from the violation), (2) Statutory damages up to $2,000 per violation, and (3) Attorney fees and court costs. If the violation is "knowing" or "intentional," damages can be doubled. Unlike HIPAA, which only allows government enforcement, Washington's law creates private litigation risk for each violation. A single unauthorized use of health data affecting multiple consumers could result in thousands of dollars in statutory damages per consumer, plus attorney fees.

Protect Your Washington Healthcare Organization

Washington's My Health My Data Act creates new restrictions and consumer rights. Get a professional security assessment to ensure compliance with HIPAA, the My Health My Data Act, and Washington privacy laws.

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