WSR 03-14-036

PERMANENT RULES

DEPARTMENT OF HEALTH


[ Filed June 23, 2003, 2:30 p.m. ]

Date of Adoption: June 13, 2003.

Purpose: The changes adjust the maximum fee that medical providers may charge for searching and duplicating medical records. The adjustment is based on the change in consumer price index for all consumers for the Seattle/Tacoma area. The proposed changes also address compliance with other federal and state laws.

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 [43.70.040] and 70.02.900.

Adopted under notice filed as WSR 03-10-098 on May 7, 2003.

Changes Other than Editing from Proposed to Adopted Version: We added language directly from RCW 70.02.900 to address the issue of compliance with other federal and state laws. The addition of this language does not change the substance or effect of the rule.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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 23, 2003

M. C. Selecky

Secretary

OTS-6307.2


AMENDATORY SECTION(Amending WSR 01-16-009, filed 7/19/01, effective 8/19/01)

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-three)) eighty-eight cents per page for the first thirty pages;

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

(2) Additional charges:

(a) The provider can charge a ((nineteen)) twenty 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, ((2001)) 2003, through June 30, ((2003)) 2005.

(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.

[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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