WSR 03-10-098

PROPOSED RULES

DEPARTMENT OF HEALTH


[ Filed May 7, 2003, 11:03 a.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule: WAC 246-08-400 Allowable fees for searching and duplicating medical records.

Purpose: The proposed changes adjust the fee that medical providers may charge for searching and duplicating medical records.

Other Identifying Information: The adjustment is based on the change in the consumer price index based on all consumers for the Seattle/Tacoma area for fiscal years 2000 and 2001.

Statutory Authority for Adoption: RCW 70.02.010(12) and 43.70.040.

Statute Being Implemented: RCW 70.02.101 [70.02.010](12).

Summary: The fees that providers can charge for searching and duplicating medical records cannot exceed .88 cents per page for the first thirty pages and .67 cents per page for all others. The clerical fee may not exceed twenty dollars.

Reasons Supporting Proposal: The proposed rule allows providers to recoup the inflationary costs of providing this service. This adjustment is mandated to occur biennially, and the last update was July 2001.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Sherry Thomas, 310 Israel Road, Tumwater, 98501, 236-4612.

Name of Proponent:

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: The rule increases the fees that medical providers may charge for searching and duplicating medical records. The fees are not to exceed .88 cents per page for the first thirty pages, .67 cents per page for all other pages, and clerical fees may not exceed $20. The increase is designed to assist providers in recouping the cost for maintaining, searching, and duplicating medical records.

Proposal Changes the Following Existing Rules: The rule increases the fees that a provider may charge for searching and duplicating medical records.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule is exempt under RCW 34.05.310(4) because it sets a fee pursuant to legislative standard, and therefore does not require a small business economic impact statement.

RCW 34.05.328 does not apply to this rule adoption. This rule is exempt under RCW 34.05.328 (5)(b)(vi); it sets fees according to legislative standards.

Hearing Location: 310 Israel Road S.E., 1st Floor, Tumwater, WA 98501, on June 10, 2003, at 9:00 a.m.

Assistance for Persons with Disabilities: Sherry Thomas by June 1, 2003, TDD (800) 833-6388.

Submit Written Comments to: Sherry Thomas, Department of Health, P.O. Box 47850, Tumwater, WA 98504-7850, e-mail sherry.thomas@doh.wa.gov, fax (360) 236-4626, by June 10, 2003.

Date of Intended Adoption: June 12, 2003.

April 30, 2003

Mary C. Selecky

Secretary

OTS-6307.1


AMENDATORY SECTION(Amending WSR 01-16-009, filed 7/19/01, effective 8/19/01)

WAC 246-08-400   How much can a medical provider charge for searching and duplicating medical records?   RCW 70.02.010(12) allows medical providers to charge fees for searching and duplicating medical records. The fees a provider may charge cannot exceed the fees listed below:

(1) Copying charge per page:

(a) No more than ((eighty-three)) eighty-eight cents per page for the first thirty pages;

(b) No more than ((sixty-three)) sixty-seven cents per page for all other pages.

(2) Additional charges:

(a) The provider can charge a ((nineteen)) twenty dollar clerical fee for searching and handling records;

(b) If the provider personally edits confidential information from the record, as required by statute, the provider can charge the usual fee for a basic office visit.

(3) This section is effective July 1, 2001, through June 30, 2003.

[Statutory Authority: RCW 70.02.010 and 43.70.040. 01-16-009, 246-08-400, filed 7/19/01, effective 8/19/01; 99-13-083, 246-08-400, filed 6/14/99, effective 7/15/99. Statutory Authority: RCW 70.02.010(12) and 43.70.040. 97-12-087, 246-08-400, filed 6/4/97, effective 7/5/97. Statutory Authority: RCW 43.70.040 and 70.02.101(12). 95-20-080, 246-08-400, filed 10/4/95, effective 11/4/95.]

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