WSR 05-06-121



[ Filed March 2, 2005, 11:31 a.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule and Other Identifying Information: WAC 246-08-400 Allowable fees for searching and duplicating medical records.

Hearing Location(s): 310 Israel Road S.E., 1st Floor, Tumwater, WA 98501, on May 2, 2005, at 9:00 a.m.

Date of Intended Adoption: May 3, 2005.

Submit Written Comments to: Sherry Thomas, Department of Health, P.O. Box 47850, Olympia, WA 98504-7850, e-mail, fax (360) 236-4626, by May 2, 2005.

Assistance for Persons with Disabilities: Contact Sherry Thomas by April 15, 2005, TTY (800) 833-6388.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed 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 anticipated effects are that fees will increase to allow for inflation.

Reasons Supporting Proposal: The proposed rule helps to provide patients with access to their medical records by setting reasonable fees providers are allowed to charge for cost recovery. This adjustment is mandated to occur every two years. The fees were last adjusted in July 2003.

Statutory Authority for Adoption: RCW 70.02.010(12) and 43.70.040.

Statute Being Implemented: RCW 70.02.010(12).

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 and Implementation: Sherry Thomas, 310 Israel Road, Tumwater, WA 98501, (360) 236-4612.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule is exempt under RCW 34.05.310(4) because it adjusts fees pursuant to legislative standards.

A cost-benefit analysis is not required under RCW 34.05.328. This rule is exempt from the cost-benefit analysis under RCW 34.05.328 (5)(b)(vi), it adjusts fees pursuant to legislative standards.

February 28, 2005

Mary C. Selecky



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.

[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.]

Washington State Code Reviser's Office