WSR 07-07-073

PROPOSED RULES

DEPARTMENT OF HEALTH


[ Filed March 16, 2007, 8:03 a.m. ]

Original Notice.

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

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

Hearing Location(s): Department of Health, 310 Israel Road, Room 153, Tumwater, WA 98501, on April 26, 2007, at 9:00 a.m.

Date of Intended Adoption: April 26, 2007.

Submit Written Comments to: Sherry Thomas, Department of Health, P.O. Box 47850, Olympia, WA 98504-7850, web site http://www3.doh.wa.gov/policyreview/, fax (360) 236-4626, by April 19, 2007.

Assistance for Persons with Disabilities: Contact Sherry Thomas by April 16, 2007, TTY (800) 833-6388 or 711.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: There are two proposed changes. The first proposed change adjusts the fees medical providers are allowed to charge for searching and duplicating medical records based on the change in the consumer price index for all consumers for the Seattle/Tacoma metropolitan area for the previous biennium. The anticipated effect is that fees will increase to allow for inflation. The second proposed change is to correct the statutory authority referenced in the WAC from RCW 70.02.010(14) to 70.02.010(15). The subsection number was changed by ESSB 6106, chapter 235, Laws of 2006.

Reasons Supporting Proposal: The proposed rule helps to provide patients with access to their medical records by setting reasonable fees providers are allowed to charge for cost recovery. This adjustment is mandated by statute to occur every two years. The fees were last adjusted in July 2005. Further, the department would like to correct the statutory authority reference to the new subsection to alleviate confusion in the rule.

Statutory Authority for Adoption: RCW 70.02.010(15) and 43.70.040.

Statute Being Implemented: RCW 70.02.010(15).

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, 310 Israel Road, Tumwater, WA 98501, (360) 236-4612.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule is exempt under RCW 34.05.310 (4)(c) and (f) because it incorporates by reference without material change Washington state statute and sets or adjusts fees or rates pursuant to legislative standards.

A cost-benefit analysis is not required under RCW 34.05.328. This rule is exempt from the cost-benefit analysis under RCW 34.05.328 (5)(b)(iii) and (vi) because it incorporates by reference without material change Washington state statute and sets or adjusts fees or rates pursuant to legislative standards.

March 15, 2007

B. White

for M. C. Selecky

Secretary

OTS-9465.2


AMENDATORY SECTION(Amending WSR 06-11-166, filed 5/24/06, effective 6/24/06)

WAC 246-08-400   How much can a medical provider charge for searching and duplicating medical records?   RCW 70.02.010(((14))) (15) 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)) ninety-six cents per page for the first thirty pages;

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

(2) Additional charges:

(a) The provider can charge a ((twenty-one)) twenty-two 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)) 2007, through June 30, ((2007)) 2009.

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

[Statutory Authority: RCW 70.02.010(14) and 43.70.040. 06-11-166, 246-08-400, filed 5/24/06, effective 6/24/06. 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