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H. 3940
STATUS INFORMATION
General Bill
Sponsors: Rep. Vick
Document Path: l:\council\bills\nbd\11287ac07.doc
Introduced in the House on April 19, 2007
Currently residing in the House Committee on Medical, Military, Public and Municipal Affairs
Summary: Medical records
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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4/19/2007 House Introduced and read first time HJ-2
4/19/2007 House Referred to Committee on Medical, Military, Public and
Municipal Affairs HJ-2
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 44-7-325 AND SECTION 44-115-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO FEES THAT MAY BE CHARGED FOR SEARCH AND DUPLICATION OF MEDICAL RECORDS, SO AS TO CONFORM THESE SECTIONS TO PROVIDE THAT NO FEE MAY BE CHARGED FOR DUPLICATION OF RECORDS WHEN A PHYSICIAN OR HEALTH CARE PROVIDER, OR AN AGENT OF A PHYSICIAN OR HEALTH CARE PROVIDER, REFERS A PATIENT TO ANOTHER PHYSICIAN OR HEALTH CARE PROVIDER FOR CONTINUATION OF TREATMENT FOR A SPECIFIC CONDITION AND TO DELETE A PROVISION THAT PROVIDES THAT NO FEE MAY BE CHARGED AT THE REQUEST OF A HEALTH CARE PROVIDER OR TO BE SENT TO A HEALTH CARE PROVIDER AT THE REQUEST OF A PATIENT FOR CONTINUING MEDICAL CARE; AND TO AMEND SECTION 44-115-110, RELATING TO PAYMENT FOR SERVICES RELATED TO MEDICAL RECORDS CONSTITUTING A DEBT AND THAT A PHYSICIAN MAY REQUIRE ADVANCE PAYMENT, SO AS TO PROVIDE THAT A PHYSICIAN OR A HEALTH CARE PROVIDER, OR AN AGENT OF A PHYSICIAN OR HEALTH CARE PROVIDER MAY REQUIRE ADVANCE PAYMENT OR MAY CHARGE A SERVICE FEE FOR AN ACCOUNT THAT IS DELINQUENT SIXTY DAYS OR MORE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 44-7-325 of the 1976 Code is amended to read:
"Section 44-7-325. (A) A health care facility, as defined in Section 44-7-130, and a health care provider licensed pursuant to Title 40, or an agent of a health care facility or health care provider, may charge a fee for the search and duplication of a medical record, but the fee may not exceed sixty-five cents per page for the first thirty pages and fifty cents per page for all other pages, and a clerical fee for searching and handling not to exceed fifteen dollars per request plus actual postage and applicable sales tax. However, no fee may be charged for records copied at the request of a health care provider or for records sent to a health care provider at the request of the patient for the purpose of continuing medical care when the patient is referred by the physician or health care provider, or an employee, agent, or contractor of the owner of the record, to another physician or health care provider for continuation of treatment for a specific condition or conditions. The facility or provider may charge a patient or the patient's representative no more than the actual cost of reproduction of an X-ray. Actual cost means the cost of materials and supplies used to duplicate the X-ray and the labor and overhead costs associated with the duplication."
SECTION 2. Section 44-115-80 of the 1976 Code is amended to read:
"Section 44-115-80. A physician or health care provider, or an agent of a physician or health care provider, or other owner of medical records as provided for in Section 44-115-130, may charge a fee for the search and duplication of a medical record, but the fee may not exceed sixty-five cents per page for the first thirty pages and fifty cents per page for all other pages, and a clerical fee for searching and handling not to exceed fifteen dollars per request plus actual postage and applicable sales tax. A physician, or health care provider, or the agent of a physician or health care provider, or other owner of medical records must provide a patient's medical records at no charge when the patient is referred by the physician, or health care provider, or an employee, agent, or contractor of the owner of the record, to another physician or health care provider for continuation of treatment for a specific condition or conditions. The physician may charge a patient or the patient's representative no more than the actual cost of reproduction of an X-ray. Actual cost means the cost of materials and supplies used to duplicate the X-ray and the labor and overhead costs associated with the duplication."
SECTION 3. Section 44-115-110 of the 1976 Code is amended to read:
"Section 44-115-110. Payment for all services related to medical record requests is a just debt, due and payable at the time service is rendered. A physician or health care provider, or an agent of a physician or health care provider, may require payment in advance for a copy of the record or may change a service fee, not to exceed ten dollars, for an account that is delinquent sixty days or more."
SECTION 4. This act takes effect upon approval by the Governor.
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