Original Content (c) MultiState Associates Inc.

 

 

Association of Health Information Outsourcing Services

12/06/2005 - 12/14/2005

 

Regulatory Report

 

 

CALIFORNIA

Title:

HEALTHY START

 

 

Agency:

Board of Education

 

 

Summary:

Revises the Healthy Start regulations by making technical clean-up of inaccuracies. Removes unneeded reformatting requirements; provides a more realistic timeline for appeals, which will ensure that grant funds reach local education agencies in a timely manner; adds guidance for the awarding of grants; removes consultation requirements regarding appeals with the Health Start Support Services for Children Program Council; and adds federal confidentiality requirements for student records and medical records.

 

Agency Contact:

Debra Strain, Regulations Coordinator, California Department of

Education, Legal Division, 1430 N Street, Room 5319, Sacramento, CA 95814,

916-319-0860, fax: 916-319-0155, email: dstrain@cde.ca.gov

 

 

Citation:

Title 5 CCR, Div 1, Ch 11, Subch 18, Art 1, Sec(s) 11900 - 11935

 

 

Status:

 

05/20/2005 Proposed Rule

 

Comment Deadline:

07/05/2005

10/20/2005 Rule Adoption

 

Effective Date:

10/20/2005

 

 

 

FLORIDA

Title:

PATIENT RECORDS

 

 

Agency:

Department of Health/Board of Optometry

 

 

Summary:

Updates existing language in rules relating to patient records, transfer or death of licensed practitioner, minimum equipment requirements, standards of practice, and performance of delegated tasks by non-licensed personnel.

 

Agency Contact:

Joe Baker, Jr. Executive Director, Board of Optometry, 4052

Bald Cypress Way, Bin C07, Tallahassee, Fl 32399-3259

 

 

Citation:

FAC 64B13-3.003, .04, .010, .015

 

 

Status:

 

08/19/2005 Negotiated Rulemaking

09/23/2005 Proposed Rule

 

Comment Deadline:

10/14/2005

10/28/2005 Changes Proposed

11/10/2005 Rule Adoption

 

Effective Date:

11/16/2005

 

 

 

Pennsylvania

Title:

Notices

 

Agency:

Department of Health

 

Summary:

Amendments to Charges for Medical Records

 

Summary Comments:

NOTICES

 

DEPARTMENT OF HEALTH

 

Amendments to Charges for Medical Records

 

[35 Pa.B. 6591]

 

Under 42 Pa.C.S. @@ 6152 and 6155 (relating to subpoena of records; and rights of patients) , the Secretary of Health (Secretary) is directed to adjust annually the amounts which may be charged by a health care facility or health care provider upon receipt of a request or subpoena for production of

medical charts or records. These charges apply to any request for a copy of a medical chart or record except as follows:

 

(1) Flat fees (as listed in this notice) apply to amounts that may be charged by a health care facility or health care provider when copying medical charts or records either: a) for the purpose of supporting any claim or appeal under the Social Security Act or any Federal or State financial needs based program; or b) for a district attorney.

 

(2) An insurer shall not be required to pay for copies of medical records required to validate medical services for which reimbursement is sought under an insurance contract, except as provided in: (a) the Worker's Compensation Act (77 P. S. @ 1 et seq.) and the regulations promulgated thereunder; (b) 75 Pa.C.S. Chapter 17 (relating to financial responsibility) and the regulations promulgated thereunder; or (c) a contract between an insurer and any other party.

 

The charges listed in this notice do not apply to an X- ray film or any other portion of a medical record which is not susceptible to photostatic reproduction.

 

Under 42 Pa.C.S. @ 6152.1 (relating to limit on charges) , the Secretary is directed to make a similar adjustment to the flat fee which may be charged by a health care facility or health care provider for the expense of reproducing medical charts or records where the request is: (1) for the purpose of supporting a claim or appeal under the Social Security Act or any Federal or State financial needs based benefit program; or (2) made by a district attorney.

 

The Secretary is directed to base these adjustments on the most recent changes in the consumer price index reported annually by the Bureau of Labor Statistics of the United States Department of Labor. For the annual period of September 30, 2004, through September 30, 2005, the consumer price index was 4.7%.

 

Accordingly, the Secretary provides notice that, effective January 1, 2006, the following payments may be charged by a health care facility or health care provider for production of records in response to subpoena or request:

 

Amount charged per page for pages 1—20: Not to Exceed 1.23

 

Amount charged per page for pages 21—60: Not to Exceed .92

 

Amount charged per page for pages 61—end: Not to Exceed .31

 

Amount charged per page for microfilm copies: Not to Exceed 1.81

 

Flat fee for production of records to support any claim under Social Security Act or claims under other Federal or State financial needs based programs: Not to Exceed 23.19

 

Flat fee for supplying records requested by a District Attorney: Not to Exceed 18.30

 

***Search and retrieval of records: Not to Exceed 18.30

 

***NOTE: Federal regulations enacted under the Health Insurance Portability and Accountability Act (HIPAA) at 45 CFR Parts 160--164 state that covered entities may charge a reasonable cost based fee that includes only the cost of copying, postage and summarizing the information (if the individual has agreed to receive a summary) when providing individuals access to their medical records. The Department of Health and Human Services has stated that the fees may not include costs associated with searching for and retrieving the requested information. For further clarification on this issue, inquiries should be directed to the Office of Civil Rights, United States Department of Health and Human Services, 200 Independence Avenue, S. W., Room 509F, HHH Building, Washington, D. C. 20201, (866) 627-7748, www.hhs.gov/ocr/hipaa.

 

In addition to the amounts listed previously, charges may also be assessed for the actual cost of postage, shipping and delivery of the requested records.

 

The Department of Health is not authorized to enforce these charges.

 

Questions or inquiries concerning this notice should be sent to James T. Steele, Jr., Deputy Chief Counsel, Room 825, Health and Welfare Building, Harrisburg, PA 17120 or for speech and/or hearing impaired persons, the Pennsylvania AT&T Relay Services at (800) 654-5984 (TT) or V/TT (717) 783-6514.

 

CALVIN B. JOHNSON, M.D., M.P.H.,

Secretary

 

Agency Contact:

James T. Steele, Jr., Deputy Chief Counsel, Room 825, Health and Welfare Building, Harrisburg, PA 17120 or for speech and/or hearing impaired persons, the Pennsylvania AT&T Relay Services at (800) 654-5984 (TT) or V/TT (717) 783-6514.

 

Citation:

35 Pa.B. 6591

 

Status:

12/03/2005 Notice Given

 

 

 

TEXAS

Title:

SUPERVISION OF NON-LICENSED PERSONNEL STATE ID: 30 TEXREG 4796

 

 

Agency:

Board of Occupational Therapy Examiners

 

 

Summary:

Amends rules regarding the supervision of non-licensed personnel. Adds language for when aides may or may not enter data into the patient's medical record.

 

Agency Contact:

Augusta Gelfand, OT Coordinator, Board of Occupational Therapy

Examiners, 333 Guadalupe, Ste 2-510, Austin, TX 78701, 512-305-6900,

augusta.gelfand@mail.capnet.state.tx.us

 

 

Citation:

40 TAC 12.373.373.1

 

 

Status:

 

08/05/2005 Proposed Rule

 

Comment Deadline:

09/18/2005

11/14/2005 Rule Adoption

 

Effective Date:

12/04/2005

 

 

 

TEXAS

Title:

RECORDS OF THE DENTIST STATE ID: 30 TEXREG 5895

 

 

Agency:

Board of Dental Examiners

 

 

Summary:

Amends rules regarding records of the dentist. Requires that reviews of medical history and limited medical exams be evidenced in the dental record by the dentist's signature, initials, or notes. Requires that radiographs shall be of a diagnostic quality sufficient to enable one to determine the patient's existing dental condition. Requires treatment plans be signed by the patient. Requires that a dentist providing copies of dental records not otherwise specifically enumerated in this rule may charge a fee not more than the actual cost of production, reproduction, or duplication of the records, as verified by invoice.

 

Agency Contact:

Sherri Sanders, Interim Executive Director, State Board of

Dental Examiners, 333 Guadalupe, Tower 3, Ste 800, Austin, TX 78701, 512-475-

1660

 

 

Citation:

22 TAC 5.108.A.108.8

 

 

Status:

 

09/01/2005 Proposed Rule

 

Comment Deadline:

10/16/2005

11/17/2005 Withdrawn

 

Effective Date:

10/20/2005