HB 1155: Indivisibles say REJECT WEAKENING AMENDMENTS and PASS My Health My Data

Email sent to the Washington State Senate, April 5, 2023.

Re: HB 1155: Indivisibles say REJECT WEAKENING AMENDMENTS and PASS My Health My Data

Dear members of the Washington State Senate,

Please reject all weakening amendments to HB 1155, support any strengthening amendments, pass the bill, and resist attempts to weaken it during concurrence. My Health My Data’s protections for consumer health data not already covered by HIPAA are long overdue — and especially urgent as Idaho and other states criminalize access to reproductive or sexual health and gender-affirming care services.

In particular, we ask you to

• REJECT any amendments to remove or limit the per se clause. There are no rights without remedies. Sen. Trudeau has a good discussion of the importance of the per se clause for consumer protection on the Indivisible Podcast.
• REJECT any “right to cure” amendments. Giving companies and “crisis pregnancy centers” who break the law and violate our privacy a “get out of jail free” card is unacceptable. AG Ferguson has described a right-to-cure provision as “anti-consumer,” and we agree.
• REJECT any amendments that further narrow the definition of consumer health care data.

Once amendments are voted on, our recommendation on the final bill depends on the amendments:

• PASS the bill if the striker is intact or has been strengthened
• or DEFER a vote if the striker has been weakened, for example by removing or limiting the per se clause, limiting enforcement in any other way, or further narrowing the definition of consumer health data

Once you’ve passed a strong version of HB 1155, we look forward to working with you to encourage your colleagues in the House to concur!

Signed,

Indivisible Bainbridge Island
Indivisible Bellingham
Indivisible Eastside
Indivisible Greater Vancouver
Indivisible Plus Washington
Indivisible Skagit
Indivisible Tacoma
Indivisible Washington’s 8th District
Indivisible Whidbey
Lower Columbia Indivisible
North Kitsap Indivisible
Olympia Indivisible
Seattle Indivisible
Snohomish County Indivisible
Wallingford Indivisible