WSR 06-07-034

PROPOSED RULES

DEPARTMENT OF HEALTH


[ Filed March 8, 2006, 7:44 a.m. ]

Original Notice.

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

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

Hearing Location(s): Department of Health, Point Plaza East, Room 152, 310 Israel Road S.E., Tumwater, WA 98501, on April 25, 2006, at 9:00 a.m.

Date of Intended Adoption: April 26, 2006.

Submit Written Comments to: Sherry Thomas, Department of Health, P.O. Box 47850, Olympia, WA 98504-7850, e-mail [web site] http://www3.doh.wa.gov/policyreview/, fax (360) 236-4626, by April 25, 2006.

Assistance for Persons with Disabilities: Contact Sherry Thomas by April 18, 2006, TTY 711 or (800) 833-6388 or (360) 236-4612.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this proposal is to correct the statutory authority referenced in the WAC from RCW 70.02.010(12) to 70.02.010(14) to alleviate confusion. The subsection number was changed by ESSB 5158, chapter 468, Laws of 2005.

Reasons Supporting Proposal: A change in the rule is necessary to eliminate any confusion about the fees.

Statutory Authority for Adoption: RCW 70.02.010(14) and 43.70.040.

Statute Being Implemented: RCW 70.02.010(14).

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

Name of Proponent: Department of health, governmental.

Name of Agency Personnel Responsible for Drafting and Implementation: Sherry Thomas, Policy Coordinator, 310 Israel Road S.E., Tumwater, WA 98501, (360) 236-4612.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The rule is exempt under RCW 34.05.310 (4)(c) and (d). It incorporates by reference without material change Washington state statute and corrects a typographical error without changing its effect.

A cost-benefit analysis is not required under RCW 34.05.328. This rule is exempt under RCW 34.05.310 (4)(c) and (d). It incorporates by reference without material change Washington state statute and corrects a typographical error without changing its effect.

March 7, 2006

M. C. Selecky

Secretary

OTS-8595.1


AMENDATORY SECTION(Amending WSR 05-12-013, filed 5/20/05, effective 7/1/05)

WAC 246-08-400   How much can a medical provider charge for searching and duplicating medical records?   RCW 70.02.010(((12)))(14) 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 ninety-one cents per page for the first thirty pages;

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

(2) Additional charges:

(a) The provider can charge a twenty-one 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, 2005, through June 30, 2007.

(4) HIPAA covered entities: See HIPAA regulation Section 164.524 (c)(4) to determine applicability of this rule.

[Statutory Authority: RCW 70.02.010(12) and 43.70.040. 05-12-013, 246-08-400, filed 5/20/05, effective 7/1/05. Statutory Authority: RCW 70.02.010(12), 43-70-040 [43.70.040] and 70.02.900. 03-14-036, 246-08-400, filed 6/23/03, effective 7/24/03. 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.]

Washington State Code Reviser's Office