The proposed rule amendments are intended to set forth a single fee for reproducing medical records.  

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    DEPARTMENT OF HEALTH

    Board of Medicine

    RULE NO.:RULE TITLE:

    64B8-10.003:Costs of Reproducing Medical Records

    PURPOSE AND EFFECT: The proposed rule amendments are intended to set forth a single fee for reproducing medical records.

    SUMMARY: The proposed rule amendments streamline the medical records rule by setting forth one fee for the reproduction of medical records.

    SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

    The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.

    The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: During discussion of the economic impact of this rule at its Board meeting, the Board, based upon the expertise and experience of its members, determined that a Statement of Estimated Regulatory Costs (SERC) was not necessary and that the rule will not require ratification by the Legislature. Additionally, during its discussion of this rule, several parties appeared at the Rules Committee meetings and provided input for the Board’s consideration. The parties included medical records providers, private attorneys, FMA, and the Department’s Prosecution Services Unit. The entities were in favor of a single cost for reproduction of medical records. None of the entities offered any testimony regarding an adverse impact on a small business entity.

    Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

    RULEMAKING AUTHORITY: 456.057(18), 458.309 FS.

    LAW IMPLEMENTED: 456.057(18) FS.

    IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

    THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Allison M. Dudley, J.D., Executive Director, Board of Medicine/MQA, 4052 Bald Cypress Way, Bin # C03, Tallahassee, Florida 32399-3253

     

    THE FULL TEXT OF THE PROPOSED RULE IS:

    64B8-10.003 Costs of Reproducing Medical Records. Recognizing that patient access to medical records is important and necessary to assure continuity of patient care, the Board of Medicine urges physicians to provide their patients a copy of their medical records, upon request, without cost, especially when the patient is economically disadvantaged. The Board, however, also recognizes that the cost of reproducing voluminous medical records may be financially burdensome to some practitioners. Therefore, the following rule sets forth the permitted costs for the reproduction of medical records stored and delivered in any format or medium.

    (1) Any person licensed pursuant to Chapter 458, F.S., required to release copies of patient medical records may condition such release upon payment by the requesting party of the reasonable costs of reproducing the records.

    (2) For patients and governmental entities, the reasonable costs of reproducing copies of written or typed documents or reports shall not be more than the following:

    (a) For the first 25 pages, the cost shall be $1.00 per page.

    (b) For each page in excess of 25 pages, the cost shall be 25 cents.

    (2) (3) The For other entities, the reasonable costs of reproducing copies of written or typed documents or reports shall not be more than $1.00 per page.

    (3) (4) Reasonable costs of reproducing x-rays, and such other special kinds of records shall be the actual costs. The phrase “actual costs” means the cost of the material and supplies used to duplicate the record, as well as the labor costs and overhead costs associated with duplication.

    Rulemaking Specific Authority 456.057(18), 458.309 FS. Law Implemented 456.057(18) FS. History–New 11-17-87, Amended 5-12-88, Formerly 21M-26.003, 61F6-26.003, 59R-10.003, Amended 3-9-09, .

     

    NAME OF PERSON ORIGINATING PROPOSED RULE: Rules Committee, Board of Medicine

    NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Medicine

    DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 5, 2013

    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 30, 2012

Document Information

Comments Open:
5/15/2013
Summary:
The proposed rule amendments streamline the medical records rule by setting forth one fee for the reproduction of medical records.
Purpose:
The proposed rule amendments are intended to set forth a single fee for reproducing medical records.
Rulemaking Authority:
456.057(18), 458.309 FS.
Law:
456.057(18) FS.
Contact:
Allison M. Dudley, J.D., Executive Director, Board of Medicine/MQA, 4052 Bald Cypress Way, Bin # C03, Tallahassee, Florida 32399-3253.
Related Rules: (1)
64B8-10.003. Costs of Reproducing Medical Records