Author: Richard H. Adler

The Uniform Health Care Information Act was adopted by the Washington State Legislature and went into effect on July 28, 1991. Shortly after that time, we wrote an article explaining how this new law affected the issues of access to medical records for health care providers, health care facilities, patients, and others, as well as the charges allowed for the copying of records. Please review "Overview of the Washington Health Care Information Act: Rights and Duties of Provider and Patient," our April 1992 Article of the Month.

Recently, the Washington State Legislature amended the 1991 Washington Health Care and Information Act (HCIA). Of particular note, the Amendment changed what constitutes reasonable copying charges for medical records. The new cost schedule went into effect July 1, 1993.

A health care provider may now charge for search and duplication of health care records contained in a patient's file as follows:

• A maximum $15.00 flat fee for clerical searching and handling;


• A maximum 65¢ per page for the first 30 pages of records; and


• A maximum 50¢ per page after the 30th page.

The amended act also states that these copying charges may be adjusted biennially for inflation, according to the consumer price index as determined by the Washington State Secretary of Health.

Briefly, other amendments to the 1991 Health Care Information Act include:

• A patient's authorization to disclose health care information shall be valid for only ninety (90) days. If the authorization does not contain an expiration date, it expires ninety (90) days after the date it is signed. RCW 70.03.030(6).


• Clarification of who is a "third-party payor"; essentially, any insurer, health care service, service contractor, health maintenance organization, employee welfare benefit plan, or state or federal health benefit program. RCW 70.02.010(13).


• Hospitals and other medical professionals are authorized to release limited information when a case has been reported by police, fire, sheriff, or other public authority.


• A patient's authorization for release of information may be extended when he/she is seeking treatment related to alcohol/drug treatment or pursuant to an agreement with a professional disciplinary authority.


• A deceased mental health patient's representative may have access to mental health records in the same manner patients may access health records through the Uniform Health Care Information Act.

As with any new law, it is generally the intent of the legislature to regulate and create uniform practices. However, we can also expect issues to arise that will not be squarely answered by the new law. As questions for you or your staff concerning the Uniform Health Care Information Act surface, we will try to help. Simply give us a call. If you would like a copy of the Amended Health Care Information Act, please contact our office directly. At Adler Giersch, P.S., we believe the interests of the patient/client are best served when the health care and legal communities work together.

ADLER GIERSCH, P.S.

Richard H. Adler
Attorney at Law