Allowable Fees for Copying Medical Records – New State Rules Coming Soon

The WANP is posting the following on behalf of the Washington State Department of Health.

WAC 246-08-400 sets the maximum amounts medical providers may charge for searching and duplicating medical records.  RCW 70.02.010(37) requires the Department of Health to adjust these amounts every two years according to the change in the Consumer Price Index.  Here is a copy of the proposed rule change language.

AMENDATORY SECTION (Amending WSR 15-14-073, filed 6/26/15, effective 7/27/15)

WAC 246-08-400 How much can a health care provider charge for searching and duplicating health care records? RCW 70.02.010(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 ((twelve)) seventeen cents per page for the first thirty pages;

(b) No more than ((eighty-four)) eighty-eight cents per page for all other pages.

(2) Additional charges:

(a) The provider can charge a ((twenty-five)) twenty-six 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, 2015, through June 30, 2017.

(4))) HIPAA covered entities ((shall refer to)) may not charge fees or costs that are not authorized by, or are prohibited by, Federal HIPAA regulation 45 C.F.R. Sec. 164((.524 (c)(4))).

A public hearing will be held May 25, 2017 at 11:00 A.M. at the Department of Health, Town Center 2, 111 Israel Road SE, Tumwater, Washington, 98501.

If you would like to submit written comments, you may post them to the Department of Health Rules Comment Site at  You may also mail them to Sherry Thomas, Department of Health, PO Box 47850, Olympia, WA, 98504-7850.  Comments are due May 25, 2017.

If you have questions, please email Sherry Thomas at

Thank you.

Sherry Thomas, Policy Coordinator

Health Systems Quality Assurance

Office of the Assistant Secretary

310 Israel Road

Tumwater, WA  98504-7850

Phone: (360)236-4612

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