WSR 20-04-029
[Filed January 28, 2020, 9:58 a.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 Health care providers charging for searching and duplicating health care records, the department of health (department) is proposing to increase the maximum fees providers may change [charge] to search or duplicate records pursuant to RCW 70.02.010(38).
Hearing Location(s): On March 12, 2020, at 9:30 a.m., at the Department of Health, Town Center 2, Room 145, 111 Israel Road S.E., Tumwater, WA 98501.
Date of Intended Adoption: March 19, 2020.
Submit Written Comments to: Julianne Wlazlak, P.O. Box 47850, Olympia, WA 98540-7850, email, fax 360-236-2901, by March 12, 2020.
Assistance for Persons with Disabilities: Contact Julianne Wlazlak, phone 360-236-4878, TTY 360-833-6388 or 711, email, by February 27, 2020.
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. The current rates reflect the change over time from the original (1993) rates in RCW 70.02.010(38).
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 254.886 in 2016 to 271.089 in 2018, which is a 6.3 percent increase.
Statutory Authority for Adoption: RCW 70.02.010(38) and 43.70.040.
Statute Being Implemented: RCW 70.02.010(38).
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Washington state department of health, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Julianne Wlazlak, 111 Israel Road, Tumwater, WA 98501, 360-236-4878.
A school district fiscal impact statement is not required under RCW 28A.305.135.
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.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 19.85.025(3) as the rules set or adjust fees under the authority of RCW 19.02.075 or that set or adjust fees or rates pursuant to legislative standards, including fees set or adjusted under the authority of RCW 19.80.045.
January 27, 2020
Jessica Todorovich
Chief of Staff
for John Wiesman, DrPH, MPH
AMENDATORY SECTION(Amending WSR 17-17-019, filed 8/7/17, effective 9/7/17)
WAC 246-08-400((How much can a))Health care providers((charge))charging for searching and duplicating health care records((?)).
RCW 70.02.010(((37)))(38) 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 ((seventeen))twenty-four cents per page for the first thirty pages;
(b) No more than ((eighty-eight))ninety-four cents per page for all other pages.
(2) Additional charges:
(a) The provider can charge a ((twenty-six))twenty-eight 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) HIPAA covered entities as defined in 45 C.F.R. Sec. 103 may not charge fees or costs that are not authorized by, or are prohibited by, Federal HIPAA regulation 45 C.F.R. Sec. 164.