Section R20-5-128. Medical Information Reproduction Cost Limita- tion; Definition of Medical Information

A.      A health care provider shall not charge more than $.25 per page plus $10 per hour in associated clerical costs for repro- duction of medical information when a party, an authorized representative of a party, or an entity that is authorized by a claimant in a workers’ compensation matter makes a request for that information under A.R.S. § 23-908(C).

B.       This Section applies to all A.R.S. § 23-908(B) health care pro- viders providing medical services to injured claimants includ- ing health care providers that contract with copying services, recordkeeping services, or other similar services for the repro- duction of medical information. For purposes of this Section, fees for reproduction of medical information charged by these services are considered the same as if the reproduction fees are charged by a health care provider.

C.      For purposes of this Section, “medical information” means:

1.        A communication recorded in any form or medium and maintained for the purpose of patient care, diagnosis, or treatment, including a report, note, order, test result, pho- tograph, videotape, X-ray, and billing record;

2.        A report of an independent medical examination that describes patient care or treatment;

3.        A psychological record;

4.        A medical record held by a health care provider including a medical record prepared by another provider; and

5.        A recorded communication between emergency medical personnel and medical personnel concerning the care or treatment of a person.

D.      For purposes of this Section, “medical information” does not include:

1.        Materials that are prepared in connection with utilization review,  peer  review,  or  quality  assurance   activities,

including records that a health care  provider prepares under A.R.S. §§ 36-441, 36-445 or 36-2402; and

2.        Recorded telephone and radio calls to and from a publicly operated emergency dispatch office relating to requests for emergency services or reports of suspected criminal activity.

Historical Note

Former Rule 28. Amended effective March 1, 1987, filed

February 26, 1987 (Supp. 87-1). R20-5-128 recodified from R4-13-128 (Supp. 95-1). Section repealed; new Sec- tion made by final rulemaking at 7 A.A.R. 3966 and 7

A.A.R. 4995, effective August 17, 2001 (Supp. 01-3).