WSR 09-13-102

PERMANENT RULES

DEPARTMENT OF HEALTH


[ Filed June 17, 2009, 9:13 a.m. , effective July 1, 2009 ]


Effective Date of Rule: July 1, 2009.

Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: This may become effective earlier than thirty-one days after filing per RCW 34.05.380 (3)(a) because RCW 70.02.010(15) directs us to adjust the amount biennially.

Purpose: WAC 246-08-400 Allowable fees for searching and duplicating medical records. The department is making the biennial adjustment to the maximum amounts health care providers can charge for searching and duplicating medical records. RCW 70.02.010(15) requires the department to adjust the amounts every biennium based on the change in the consumer price index (CPI) for the Seattle-Tacoma area. The amounts will increase by 6.3%.

Citation of Existing Rules Affected by this Order: Amending WAC 246-08-400.

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

Adopted under notice filed as WSR 09-09-036 on April 7, 2009.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

Date Adopted: June 17, 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.]

Washington State Code Reviser's Office