WSR 97-12-087

PERMANENT RULES

DEPARTMENT OF HEALTH

[Filed June 4, 1997, 11:41 a.m.]

Date of Adoption: June 3, 1997.

Purpose: Adjusts the fee that medical providers may charge for searching and duplicating medical records. The adjustment is based on the change in the consumer price index based on all consumers for the Seattle/Tacoma area for fiscal years 1996 and 1997.

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

Statutory Authority for Adoption: RCW 70.02.010(12).

Other Authority: RCW 43.70.040.

Adopted under notice filed as WSR 97-09-092 on April 23, 1997.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, amended 1, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 1, repealed 0.

Effective Date of Rule: Thirty-one days after filing.

June 4, 1997

Bruce Miyahara

Secretary

AMENDATORY SECTION (Amending WSR 95-20-080, filed 10/4/95, effective 11/4/95)

WAC 246-08-400 ((Searching and duplicating medical records.)) How much can a medical provider charge for searching and duplicating medical records? ((Effective July 1, 1995, through June 30, 1997, the "reasonable fee" defined in RCW 70.02.010(12) for duplicating or searching a record shall not exceed sixty-nine cents per page for the first thirty pages and fifty-three cents for all other pages. In addition, a clerical fee for searching and handling may be charged not to exceed sixteen dollars. However, where editing of records by a health care provider is required by statute and is done by the provider personally, the fee may be the usual and customary charge for a basic office visit.)) RCW 70.02.010(12) 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 seventy-four cents per page for the first thirty pages;

(b) No more than fifty-seven cents per page for all other pages.

(2) Additional charges:

(a) The provider can charge a seventeen 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, 1997, through June 30, 1999.