WSR 13-14-092 PERMANENT RULES DEPARTMENT OF HEALTH [Filed July 1, 2013, 3:54 p.m., effective August 1, 2013] Effective Date of Rule: Thirty-one days after filing.
Purpose: WAC 246-08-400 How much can a health care provider charge for searching and duplicating health care records?, the adopted rule adjusts the maximum amounts that health care providers may charge for searching and duplicating health care records. RCW 70.020.010(15) requires the adjustment to occur every two years based on the change in the consumer price index for the Seattle-Tacoma area. The amounts per page will increase by 4.9 percent.
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 13-09-042 on April 12, 2013.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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: July 1, 2013.
John Wiesman, DrPH, MPH
Secretary
AMENDATORY SECTION (Amending WSR 11-12-027, filed 5/24/11, effective 7/1/11)
WAC 246-08-400 How much can a ((medical)) health care provider charge for searching and duplicating ((medical)) health care records?
RCW 70.02.010(15) allows ((medical)) health care providers to charge fees for searching and duplicating ((medical)) health care records. The fees a provider may charge cannot exceed the fees listed below: (1) Copying charge per page: (a) No more than one dollar and ((four)) nine cents per page for the first thirty pages; (b) No more than ((seventy-nine)) eighty-two cents per page for all other pages. (2) Additional charges: (a) The provider can charge a ((twenty-three)) twenty-four 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, ((2011)) 2013, through June 30, ((2013)) 2015. (4) HIPAA covered entities((: See)) shall refer to HIPAA regulation ((Section)) 45 C.F.R. 164.524 (c)(4) ((to determine applicability of this rule)).
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