DATE:

 

12/16/02

SUBJECT: FINAL READING ORDINANCE NO. 2002-O-321

Amending the Laredo Code of Ordinances, Chapter 2, Administration, Article I, In General, Section 2-3.  Fees for City Services, Subsection (b) providing for charges for the duplication of Medical Records (to include a fee for a notarized affidavit); amending the City of Laredo Health Department budget for fiscal year 2003 and appropriating revenues and expenditures in the amount of $3,360 which will be generated revenues from these fees to the Maternal and Child Health Program to continue with the scope of services; and providing for severability and providing for an effective date and publication.

INITIATED BY:                                                            STAFF SOURCE:                

Cynthia Collazo                                                               Hector F. Gonzalez, M.D., M.P.H.                                  

Asst. City Manager                                                          Health Director                                        

PREVIOUS COUNCIL ACTION: On December 2, 2002, Council held public hearing introducing ordinance and instructed staff to proceed with final reading.

BACKGROUND:

 

In accordance with the Texas State Board of Medical Examiners, Chapter 165, Medical Records, 165.1 – 165.4, a reasonable fee shall be a charge of no more than $25 for the first twenty pages and $0.15 per page for every copy thereafter.  In addition, a reasonable fee may include actual costs for mailing, shipping, or delivery.  If an affidavit is requested, certifying that the information is a true and correct copy of the records, a reasonable fee of up to $15 may be charged for executing the affidavit. 

 

Therefore, to align our costs for copies of official medical records, the City of Laredo Health Department would like to implement a fee of $25 for the duplication of medical records (first twenty pages) and $0.15 per page of every copy thereafter, and  an additional $15 if an affidavit is requested.  The requests for copies of such reports include subpoenas and affidavits that must be notarized.  In order to comply with such requests, a staff member must research the specific medical report that may include an itemized billing invoice which may take between 15-20 minutes for each search, and interrupts the routine billing activities for the employee.

 

The City of Laredo Health Department deems it reasonable and necessary to impose a fee of $25.00 for each copy of a requested medical record.  The records are released after receiving a written request for a copy of the record together with a release certification (consent) form signed by the person that received services at the Health Department.  This will align us with fees being paid by private insurances, Medicaid and Medicare.

 

 

 

 

 

 

FINANCIAL:  The City of Laredo will receive an estimated $2,100 (based on 7 medical records per month) and an additional estimated amount of $1,260 for affidavits per year in additional revenues as a result of these fees, and we are requesting that they be appropriated by increasing revenue line item 226-0000-373-1013  and expenditure account number 226-2921.

 

RECOMMENDATION:

STAFF: Recommends that Council approve ordinance.

 

 

 

ORDINANCE     2002-O-321

 

Amending the Laredo Code of Ordinances, Chapter 2, Administration, Article I, In General, Section 2-3.  Fees for City Services, Subsection (b) providing for charges for the duplication of Medical Records (to include a fee for a notarized affidavit);  AMENDING THE CITY OF LAREDO HEALTH DEPARTMENT BUDGET FOR FISCAL YEAR 2003 AND appropriating revenues and expenditures in the amount of $3,360 which will be generated revenues from these fees to the Maternal and Child Health Program to continue with the scope of services; and providing for severability and providing for an effective date and publication.

           

            WHEREAS,   in accordance with the Texas State Board of Medical Examiners, Chapter 165, Medical Records, 165.1 – 165.4, a reasonable fee shall be a charge of no more than $25 for the first twenty pages and $0.15 per page for every copy thereafter.  In addition, a reasonable fee may include actual costs for mailing, shipping, or delivery.  If an affidavit is requested, certifying that the information is a true and correct copy of the records, a reasonable fee of up to $15 may be charged for executing the affidavit; and

 

WHEREAS,   therefore, to align our costs for copies of official medical records, the City of Laredo Health Department would like to implement a fee of $25 for the duplication of medical records (first twenty pages) and $0.15 per page of every copy thereafter, and  an additional $15 if an affidavit is requested.  The requests for copies of such reports include subpoenas and affidavits that must be notarized.  In order to comply with such requests, a staff member must research the specific medical report that may include an itemized billing invoice which may take between 15-20 minutes for each search, and interrupts the routine billing activities for the employee; and

 

            WHEREAS,  the City of Laredo Health Department deems it reasonable and necessary to impose a fee of $25.00 for each copy of a requested medical record.  The records are released after receiving a written request for a copy of the record together with a release certification (consent) form signed by the person that received services at the Health Department.  This will align us with fees being paid by private insurances, Medicaid and Medicare.

 

             

            NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT:

 

Section 1:         Amendment

The City of Laredo Code of Ordinances is amended as follows:

 

0Chapter 2

ADMINISTRATION

ARTICLE 1.  IN GENERAL

 

1Sec. 2-3.  Fees for city services

 

           

(b)               Health Department.

 

(1) The Health Department is hereby authorized to charge the following fees in relation to the Health Department’s function as local registrar of births and deaths.  In addition, the Health Department is authorized to charge fees in relation to the department’s function as custodian of official medical records for the purpose of duplication.

 

                        DESCRIPTION                                                           CHARGE

(1)        Certified copy of birth certificate, any size                      $          11.00

(2)        Certified copy of death certificate, first copy                  $            8.00

(3)        Certified copy of death certificate, additional copy         $            2.00

(4)        Search of birth or death records for genealogy   $            1.00

(5)        Search of birth or death records, where copy

            is not found                                                                   $            9.00

(6)        Laminations, letter or legal size, when available  $            5.00

(7)        Relaminations, wallet size documents                 $            1.00

(8)               Postage, certified mail - return receipt

requested – U.S.                                                          $            3.10

                                                                                      PREVAILING RATE

 

 

(9)               Postage, certified mail – return receipt

Requested – Outside of the U.S.

Or Priority and Express mail                                         $          Prevailing

                                                                                                                        Rate

            (10)      Copy of EMS Activity Report Record              $          25.00

 

            (11)      Duplication of Medical Records                                    $          25.00

                        (first twenty pages)

            (12)      Additional pages (copies)                                              $            0.15

                        (per page)

             (13)     Notarization of Affidavit                                                $          15.00

 

      The actual cost of postage and shipping may be charges (if applicable) on

      any amount of copies requested.

 

 

 

2Section 2.  Severability

If any provision, section, subsection, sentence, clause or phrase of this ordinance, or the application of same to any person or set of circumstances is for any reason held to be unconstitutional, void, invalid or for any reason unenforceable, the validity of the remaining portion of this ordinance or its application to other person or sets of circumstances shall not be affected thereby, it being the intent of the City Council of the City of Laredo in adopting this ordinance that no portion hereof or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality, voidness or invalidity, and all provisions are declared severable for that purpose.

 

Section 3.  Effective Date

This ordinance shall become effective upon its passage and following the date of publication required pursuant to Section 2.09 and as provided in Section 6.10 (B) of the City Charter.

 

Section 4.  The City of Laredo will receive an estimated $2,100 (based on 7 medical records per month) and an additional estimated amount of $1,260 for affidavits per year in additional revenues as a result of these fees, and we are requesting that they be appropriated by increasing revenue line item 226-0000-373-1013 and expenditure account number 226-2921.

 

 

PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR

 

ON THIS _________________ DAY OF ________________________, 2002.

 

 

 

 

 

_______________________

ELIZABETH G. FLORES

MAYOR

 

 

ATTEST:                                                                    

 

_______________________             

GUSTAVO GUEVARA, JR.

CITY SECRETARY                                                   

 

 

APPROVED AS TO FORM:

 

______________________

JAIME FLORES

CITY ATTORNEY