This bill introduces a new section to chapter 4.24 of the Revised Code of Washington (RCW) that prohibits certain nondisclosure and nondisparagement provisions in agreements between health care providers and patients, particularly in relation to medical malpractice or any tort or crime. Specifically, it declares that any agreement that prevents a patient from disclosing or discussing acts, errors, or omissions by a health care provider that they reasonably believe to constitute malpractice is void and unenforceable. The bill outlines various types of agreements that may contain such prohibited provisions and clarifies that while nondisclosure of settlement amounts is permissible, any attempt by a health care provider to enforce prohibited provisions is a violation of this section.
Additionally, the bill establishes penalties for health care providers who violate these provisions, including civil liability for damages of at least $10,000 and the requirement to notify patients of any previously signed agreements that contain now-prohibited clauses. The legislation is designed to be retroactive, invalidating nondisclosure or nondisparagement provisions in agreements made before the effective date of the bill. It also includes definitions for key terms such as "health care," "health care provider," "medical malpractice," and "patient" to ensure clarity in its application.