WSR 17-08-096 PROPOSED RULES DEPARTMENT OF HEALTH [Filed April 5, 2017, 10:06 a.m.]
Original Notice.
Title of Rule and Other Identifying Information: WAC 246-08-400 How much can a health care provider charge for searching and duplicating health care records, pursuant to RCW 70.02.010(37). Proposing biennial amendments under RCW 70.02.010(37) and clarifying how the rule relates to federal HIPAA rules.
Hearing Location(s): Department of Health, 111 Israel Road, Town Center 2, Room 158, Tumwater, WA 98501, on May 25, 2017, at 11:00.
Date of Intended Adoption: May 25, 2017.
Submit Written Comments to: Sherry Thomas, P.O. Box 47850, Olympia, WA 98504-7850, email https://fortress.wa.gov/doh/policyreview, fax (360) 236-2901, by May 25, 2017.
Assistance for Persons with Disabilities: Contact Sherry Thomas by May 18, 2017, TTY (800) 833-6388 or 711.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose is to adjust the maximum fees health care providers are allowed to charge for searching and duplicating health care records. The adjustment is legislatively required to occur every two years, and must be based on the change in the consumer price index (CPI) for the Seattle-Tacoma area (see below). The current rates reflect the change over time from the original (1993) rates in RCW 70.02.010(37). The department is also proposing deletion of the effective dates in subsection (3) because these dates are unnecessary, and clarification of how this rule relates to federal HIPAA rules.
Bureau of Labor Statistics
Generated on: February 13, 2017 (06:00:09 PM)
Reasons Supporting Proposal: The proposed rule sets reasonable fees that providers are allowed to charge for cost recovery for searching and duplicating health care records. The CPI for the Seattle-Tacoma area changed from 245.050 in 2014 to 256.821 in 2016, which is a 4.8 percent increase. The proposed deletion of the effective dates listed in the rule in subsection (3) are unnecessary because the biennial adjustments will be effective thirty-one days after filing and remain in effect until the next biennial adjustment becomes effective. The clarification for HIPAA covered entities is being proposed in response to stakeholder input.
Statute Being Implemented: RCW 70.02.010(37).
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, Implementation, and Enforcement: Sherry Thomas, 111 Israel Road, Tumwater, WA 98501, (360) 236-4612.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Under RCW 34.05.310 (4)(f), a small business economic impact statement is not required for a proposed rule that sets or adjusts fees or rates pursuant to legislative standards.
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)(vi) exempts rules that set or adjust fees or rates pursuant to legislative standards.
April 5, 2017
John Wiesman, DrPH, MPH
Secretary
AMENDATORY SECTION (Amending WSR 15-14-073, filed 6/26/15, effective 7/27/15)
WAC 246-08-400 How much can a health care provider charge for searching and duplicating health care records?
RCW 70.02.010(37) allows health care providers to charge fees for searching and duplicating 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 ((twelve)) seventeen cents per page for the first thirty pages;
(b) No more than ((eighty-four)) eighty-eight cents per page for all other pages.
(2) Additional charges:
(a) The provider can charge a ((twenty-five)) twenty-six 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, 2015, through June 30, 2017.
(4))) HIPAA covered entities ((shall refer to)) may not charge fees or costs that are not authorized by, or are prohibited by, Federal HIPAA regulation 45 C.F.R. Sec. 164((.524 (c)(4))).
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