Purpose: The changes adjust the fees that medical providers are allowed to charge for searching and duplicating medical records based on the change in the consumer price index for all consumers for the Seattle/Tacoma metropolitan area for the previous biennium. The changes also address compliance with federal law.

     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 05-06-121 on March 2, 2005.

     Changes Other than Editing from Proposed to Adopted Version: We changed subsection (4) to include the citation of federal HIPAA law.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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: May 20, 2005.

M. C. Selecky

Secretary

OTS-7749.2

AMENDATORY SECTION(Amending WSR 03-14-036, filed 6/23/03, effective 7/24/03)

WAC 246-08-400   How much can a medical provider charge for searching and duplicating medical records?   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 ((eighty-eight)) ninety-one cents per page for the first thirty pages;

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

     (2) Additional charges:

     (a) The provider can charge a ((twenty)) twenty-one 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, ((2003)) 2005, through June 30, ((2005)) 2007.

     (4) ((This section does not restrict a health care provider, a third-party payor, or an insurer regulated under Title 48 RCW from complying with obligations imposed by federal or state health care payment programs or federal or state law.)) HIPAA covered entities: See HIPAA regulation Section 164.524 (c)(4) to determine applicability of this rule.

[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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