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Dec
26

Legal requests for reproductive health care records–Attestation form

A completed and signed Attestation is required before PHSKC will release a patient’s records potentially including reproductive health care information to requestors seeking the records without the patient’s authorization for:

  • Health oversight activities (such as audits, compliance investigations, license or disciplinary actions)
  • Judicial or administrative proceedings (such as court orders, subpoenas, state agency requests)
  • Law enforcement purposes (such as investigations, warrants), or
  • Coroner and medical examiner purposes (such as autopsies, death investigations).

Due to broad Washington State and Federal Law reproductive health care definitions, many PHSKC patient records potentially include such information. Therefore, an Attestation will frequently be required.

To receive the quickest response from PHSKC to any of the above requests, requestors should submit the completed and signed Attestation at the same time as the request.

Background information

Washington State Law protects access to reproductive health care and gender-affirming health care ("protected health care services").  Since the United States Supreme Court's 2022 decision Dobbs v. Jackson Women's Health Organization, some other States restrict or criminalize such health care.  In response to those other States' laws, Washington enacted the Washington State Shield Law (Shield Law) on April 27, 2023.

This Shield Law protects people in Washington from legal actions in other States that restrict or criminalize these protected health care services.  One of the ways it gives this protection is by prohibiting Washington State businesses from providing medical records without patient authorization in response to requests from another state, where those requests are for the purpose of investigating or enforcing laws restricting or criminalizing protected health care services. 

Similarly, on April 22, 2024, the Federal Government passed new rules generally prohibiting disclosure of reproductive health care information in response to requests made for the purpose of investigating or imposing liability on any person for trying to get, give, or help someone receive such care.

Because of these laws, Public Health—Seattle & King County (PHSKC) is now asking certain requestors of medical records that potentially include this information to sign a document called an "Attestation" confirming that the records are not going to be used for the purpose of 1) investigating or imposing liability for trying to get, give, or help someone receive reproductive health care or 2) identifying someone for such purposes.

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