South Carolina General Assembly
120th Session, 2013-2014

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H. 4354

STATUS INFORMATION

General Bill
Sponsors: Reps. Harrell, Cobb-Hunter, G.M. Smith, Long, Douglas, Felder, R.L. Brown and Goldfinch
Document Path: l:\council\bills\ms\7335ab14.docx

Introduced in the House on January 14, 2014
Introduced in the Senate on April 15, 2014
Last Amended on April 10, 2014
Currently residing in the Senate Committee on Medical Affairs

Summary: Right of patients regarding medical records

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   12/3/2013  House   Prefiled
   12/3/2013  House   Referred to Committee on Judiciary
   12/4/2013          Scrivener's error corrected
   1/14/2014  House   Introduced and read first time (House Journal-page 46)
   1/14/2014  House   Referred to Committee on Judiciary 
                        (House Journal-page 46)
    3/4/2014  House   Member(s) request name added as sponsor: R.L.Brown, 
                        Goldfinch
    4/2/2014  House   Committee report: Favorable with amendment Judiciary 
                        (House Journal-page 106)
    4/3/2014          Scrivener's error corrected
   4/10/2014  House   Amended
   4/10/2014  House   Read second time
   4/10/2014  House   Roll call Yeas-95  Nays-0
   4/10/2014  House   Unanimous consent for third reading on next legislative 
                        day
   4/11/2014  House   Read third time and sent to Senate
   4/15/2014  Senate  Introduced and read first time (Senate Journal-page 12)
   4/15/2014  Senate  Referred to Committee on Medical Affairs 
                        (Senate Journal-page 12)

View the latest legislative information at the website

VERSIONS OF THIS BILL

12/3/2013
12/4/2013
4/2/2014
4/3/2014
4/10/2014

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken

Indicates New Matter

AMENDED

April 10, 2014

H. 4354

Introduced by Reps. Harrell, Cobb-Hunter, G.M. Smith, Long, Douglas, Felder, R.L. Brown and Goldfinch

S. Printed 4/10/14--H.

Read the first time January 14, 2014.

            

A BILL

TO AMEND SECTION 44-115-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RIGHT OF A PATIENT TO RECEIVE A COPY OF HIS MEDICAL RECORD OR HAVE IT TRANSFERRED TO ANOTHER PHYSICIAN, SO AS TO PROVIDE THE PATIENT MAY CHOOSE TO RECEIVE THE RECORD EITHER AS A PHOTOCOPY REPRODUCTION OR IN AN ELECTRONIC FORMAT STORED ON DIGITAL MEDIA; AND TO AMEND SECTION 44-115-80, RELATING TO FEES PHYSICIANS MAY CHARGE TO SEARCH AND DUPLICATE A MEDICAL RECORD, SO AS TO SPECIFY WHAT FEES MAY BE CHARGED FOR A PHOTOCOPY REPRODUCTION AND FOR AN ELECTRONIC REPRODUCTION, AND TO PROVIDE AN EXEMPTION FROM FEES FOR REPRODUCTIONS REQUESTED TO SATISFY A REQUIREMENT OF AN INSURER OR GOVERNMENTAL ENTITY THAT PROVIDES BENEFITS RELATED TO THE MEDICAL NEEDS OF THE PATIENT.

Amend Title To Conform

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)(1)    A health care facility, as defined in Section 44-7-130, and a health care provider licensed pursuant to Title 40 may charge a fee for the search and duplication of a medical record, whether in paper format or electronic format, but the fee may not exceed:

(a)    Sixty-five cents per page for the first thirty printed pages and fifty cents per page for all other pages, and plus a clerical fee not to exceed twenty dollars for searching and handling, which combined with the per page print costs may not to exceed fifteen two hundred dollars per request plus, and to which may be added actual postage and applicable sales tax.

(b)    Sixty-five cents per page for the first thirty pages provided in an electronic format and fifty cents per page for all other pages provided in an electronic format, plus a clerical fee not to exceed twenty dollars for searching and handling, which combined with the per page costs may not exceed one hundred and fifty dollars, but to which may be added actual postage and applicable sales tax.

(2)    However Notwithstanding the provisions of subsection (A), 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.

(3)    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.

(B)    Except for those requests for medical records pursuant to Section 42-15-95:

(1)    A health care facility shall comply with a request for copies of a medical record:

(a)    no later than forty-five days after the patient has been discharged or forty-five days after the request is received, whichever is later; and

(b)    in a printed format or in an electronic format if requested to be delivered in electronic format, but only if the record is stored in an electronic format at the time of the request.

(2)    Nothing in this section may compel a health care facility to release a copy of a medical record prior to thirty days after discharge of the patient."

SECTION    2.    Section 44-115-30 of the 1976 Code is amended to read:

"Section 44-115-30.    A patient or his legal representative has a right to receive a copy of his medical record, or have the record transferred to another physician, upon request, when accompanied by a written authorization from the patient or his legal representative to release the record. The patient or his legal representative is entitled to receive a copy of the record either in an electronic format or as a photocopied reproduction, and the physician or other owner of the record shall provide the record in the format requested by the patient or his legal representative; provided, however, that if the physician or other owner of the record does not possess an electronic version of the record, it may satisfy the request by providing a photocopied reproduction."

SECTION    3.    Section 44-115-80 of the 1976 Code is amended to read:

"Section 44-115-80.    (A)    A physician, 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 paper or electronic medical record, but the fee may not exceed:

(1)    Sixty-five cents per page for the first thirty printed pages and fifty cents per page for all other printed pages, and plus a clerical fee not to exceed twenty dollars for searching and handling, which combined with the per page print costs may not to exceed fifteen two hundred dollars per request plus, and to which may be added actual postage and applicable sales tax.

(2)    Sixty-five cents per page for the first thirty pages provided in an electronic format and fifty cents per page for all other pages provided in an electronic format, plus a clerical fee not to exceed twenty dollars for searching and handling, which combined with the per page costs may not exceed one hundred and fifty dollars, but to which may be added actual postage and applicable sales tax.

(B)    A physician, 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, 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.

(C)    The physician may charge a patient or the patient's legal 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    4.    Chapter 115, Title 44 of the 1976 Code is amended by adding:

"Section 44-115-15.    For purposes of this chapter, 'medical records' includes the patient's medical bills."

SECTION    5.    This act takes effect upon approval by the Governor.

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This web page was last updated on April 16, 2014 at 8:42 AM