WSR 15-09-038 PROPOSED RULES DEPARTMENT OF HEALTH [Filed April 9, 2015, 3:40 p.m.]
Original Notice.
Proposal is exempt under RCW 34.05.310(4) or 34.05.330(1).
Title of Rule and Other Identifying Information: WAC 246-08-400 How much can a health care provider charge for searching and duplicating health care records, pursuant to RCW 70.02.010(37).
Hearing Location(s): Department of Health, 111 Israel Road, Town Center 2, Room 158, Tumwater, WA 98501, on May 29, 2015, at 9:00.
Date of Intended Adoption: June 5, 2015.
Submit Written Comments to: Sherry Thomas, Department of Health, P.O. Box 47850, Olympia, WA 98504-7850, e-mail http://www3.doh.wa.gov/policyreview/, fax (360) 236-4626, by May 29, 2015.
Assistance for Persons with Disabilities: Contact Sherry Thomas by May 22, 2015, TTY (800) 833-6388 or 711.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose is to adjust the maximum fees health care providers are allowed to charge for searching and duplicating health care records. The adjustment is legislatively required to occur every two years, and must be based on the change in the consumer price index (CPI) for the Seattle-Tacoma area.
CPI - All Urban Consumers
Original Data Value
CPI - All Urban Consumers
12-Month Percent Change
Reasons Supporting Proposal: The proposed rule sets reasonable fees that providers are allowed to charge for cost recovery for searching and duplicating health care records. The CPI for the Seattle-Tacoma area changed from 237.993 in 2012 to 245.050 in 2014, which is a 3.0 percent increase.
Statutory Authority for Adoption: RCW 70.02.010(37) and 43.70.040.
Statute Being Implemented: RCW 70.02.010(37).
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, Implementation, and Enforcement: Sherry Thomas, 111 Israel Road, Tumwater, WA 98501, (360) 236-4612.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Under RCW 34.05.310 (4)(f), a small business economic impact statement is not required for a proposed rule that sets or adjusts fees or rates pursuant to legislative standards.
A cost-benefit analysis is not required under RCW 34.05.328. The agency did not complete a cost-benefit analysis under RCW 34.05.328. RCW 34.05.328 (5)(b)(vi) exempts rules that set or adjust fees or rates pursuant to legislative standards.
April 9, 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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