WSR 09-09-036

PROPOSED RULES

DEPARTMENT OF HEALTH


[ Filed April 7, 2009, 4:19 p.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, 310 Israel Road S.E., Room 152/153, Tumwater, WA 98501, on May 26, 2009, at 2:00 p.m.

Date of Intended Adoption: May 26, 2009.

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 May 22, 2009.

Assistance for Persons with Disabilities: Contact Sherry Thomas by April 21, 2009, TTY (800) 833-6388 or 711.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this proposal is to adjust the maximum fees medical providers are allowed to charge for searching and duplicating medical records. The adjustment is required by law to occur biennially, according to the change in the consumer price index (CPI) for the Seattle area. The fees will increase to allow for inflation.

Reasons Supporting Proposal: The proposed rule sets reasonable fees providers are allowed to charge for cost recovery. This adjustment is required by law to occur every biennium. The CPI for the Seattle-Tacoma-Bremerton area changed from 209.3 in December 2006 to 222.580 in December 2008, which is a 6.3% increase.

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, (360) 236-4612.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Under RCW 19.85.025 and 34.05.310 (4)(e), a small business economic impact statement is not required for a proposed rule where the content of the rule is explicitly and specifically dictated by statute.

A cost-benefit analysis is not required under RCW 34.05.328. The agency did not complete a cost-benefit analysis under RCW 34.05.328. RCW 34.05.328 (5)(b)(v) exempts rules the content of which is explicitly and specifically dictated by statute.

April 7, 2009

Mary C. Selecky

Secretary

OTS-2189.2


AMENDATORY SECTION(Amending WSR 07-12-029, filed 5/30/07, effective 7/1/07)

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

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

(2) Additional charges:

(a) The provider can charge a ((twenty-two)) twenty-three 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, ((2007)) 2009, through June 30, ((2009)) 2011.

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

[Statutory Authority: RCW 70.02.010(15) and 43.70.040. 07-12-029, 246-08-400, filed 5/30/07, effective 7/1/07. 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.]

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