WSR 07-12-029

PERMANENT RULES

DEPARTMENT OF HEALTH


[ Filed May 30, 2007, 2:37 p.m. , effective July 1, 2007 ]


Effective Date of Rule: July 1, 2007.

Purpose: WAC 246-08-400 Allowable fees for searching and duplicating medical records, the department is adjusting the maximum fees medical providers can charge for searching and duplicating medical records, as required by statute. The department is also correcting the statutory authority referenced from RCW 70.02.010 (14) to (15) to alleviate confusion. The subsection number was changed by ESSB 6106, chapter 235, Laws of 2006.

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

Statutory Authority for Adoption: RCW 70.02.010(15) and 43.70.040.

Adopted under notice filed as WSR 07-07-073 on March 16, 2007.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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 29, 2007.

M. C. Selecky

Secretary

OTS-9465.2


AMENDATORY SECTION(Amending WSR 06-11-166, filed 5/24/06, effective 6/24/06)

WAC 246-08-400   How much can a medical provider charge for searching and duplicating medical records?   RCW 70.02.010(((14))) (15) 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 ((ninety-one)) ninety-six cents per page for the first thirty pages;

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

(2) Additional charges:

(a) The provider can charge a ((twenty-one)) twenty-two 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, ((2005)) 2007, through June 30, ((2007)) 2009.

(4) HIPAA covered entities: See HIPAA regulation Section 164.524 (c)(4) to determine applicability of this rule.

[Statutory Authority: RCW 70.02.010(14) and 43.70.040. 06-11-166, 246-08-400, filed 5/24/06, effective 6/24/06. Statutory Authority: RCW 70.02.010(12) and 43.70.040. 05-12-013, 246-08-400, filed 5/20/05, effective 7/1/05. 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