S 0777 General Bill, By McConnell, Martin and Ford
 A BILL TO AMEND SECTION 42-15-90, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO FEES OF ATTORNEYS AND PHYSICIANS AND HOSPITAL CHARGES APPROVED BY
 THE WORKERS' COMPENSATION, SO AS TO PROHIBIT AN ATTORNEY FROM SUBMITTING AND A
 COMMISSIONER FROM APPROVING AN ADMINISTRATIVE FEE, OVERHEAD FEE, OR OTHER
 SIMILAR FEE AND A FEE FOR MORE THAN THE ACTUAL COST FOR POSTAGE, TELEPHONE, OR
 FACSIMILE TRANSACTIONS.

   04/20/05  Senate Introduced and read first time SJ-4
   04/20/05  Senate Referred to Committee on Judiciary SJ-4
   04/26/05  Senate Referred to Subcommittee: Moore (ch), Ford,
                     Mescher, Rankin, Scott

TO AMEND SECTION 42-15-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES OF ATTORNEYS AND PHYSICIANS AND HOSPITAL CHARGES APPROVED BY THE WORKERS' COMPENSATION, SO AS TO PROHIBIT AN ATTORNEY FROM SUBMITTING AND A COMMISSIONER FROM APPROVING AN ADMINISTRATIVE FEE, OVERHEAD FEE, OR OTHER SIMILAR FEE AND A FEE FOR MORE THAN THE ACTUAL COST FOR POSTAGE, TELEPHONE, OR FACSIMILE TRANSACTIONS.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1.    Section 42-15-90 of the 1976 Code is amended to read:

"Section 42-15-90.    Fees for attorneys and physicians and charges of hospitals for services under this title shall be subject to the approval of the commission; but no physician or hospital shall be entitled to collect fees from an employer or insurance carrier until he has made the reports required by the commission in connection with the case.

Any person who receives any fee or other consideration or any gratuity on account of services so rendered, unless such consideration or gratuity is approved by the commission or such court or who makes it a business to solicit employment for a lawyer or for himself in respect of any claim or award for compensation shall be guilty of a misdemeanor and, upon conviction thereof, shall, for each offense, be punished by a fine of not more than five hundred dollars or by imprisonment not to exceed one year, or by both such fine and imprisonment.

No attorney shall submit and no commissioner shall approve any fee petition containing costs which include an administrative fee, an overhead fee, or other similar fee by whatever name known.

No attorney shall submit and no commissioner shall approve costs for postage, telephone, or facsimile transactions in amounts which are not the actual costs incurred. Nothing in this paragraph prohibits a commissioner from disapproving any fee or cost, or any portion thereof, submitted as part of a fee petition."

SECTION    2.    This act takes effect upon approval by the Governor.