WSR 15-14-073 PERMANENT RULES DEPARTMENT OF HEALTH [Filed June 26, 2015, 4:01 p.m., effective July 27, 2015] 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 amounts health care providers may charge for searching and duplicating health care records. RCW 70.02.010(37) 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 are increasing by 3.0 percent.
Citation of Existing Rules Affected by this Order: Amending WAC 246-08-400.
Statutory Authority for Adoption: RCW 70.02.010(37) and 43.70.040.
Adopted under notice filed as WSR 15-09-038 on April 9, 2015.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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 26, 2015.
John Wiesman, DrPH, MPH
Secretary
AMENDATORY SECTION (Amending WSR 13-14-092, filed 7/1/13, effective 8/1/13)
WAC 246-08-400 How much can a health care provider charge for searching and duplicating health care records?
RCW 70.02.010(((15))) (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 ((nine)) twelve cents per page for the first thirty pages;
(b) No more than ((eighty-two)) eighty-four cents per page for all other pages.
(2) Additional charges:
(a) The provider can charge a ((twenty-four)) twenty-five 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, ((2013)) 2015, through June 30, ((2015)) 2017.
(4) HIPAA covered entities shall refer to HIPAA regulation 45 C.F.R. 164.524 (c)(4).
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