H 3915 Session 112 (1997-1998)
H 3915 General Bill, By Seithel, A.W. Byrd and Inabinett
A BILL TO AMEND SECTIONS 42-1-95, AS AMENDED, 44-7-325, AND 44-115-80, AS
AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO MEDICAL RECORDS
AND CHARGES FOR COPYING MEDICAL RECORDS, SO AS TO PROVIDE THAT A SEARCHING AND
HANDLING FEE ONLY MAY BE CHARGED ONCE WHEN A PATIENT IS GATHERING INFORMATION
IN CONNECTION WITH A CLAIM OR LEGAL DISPUTE.
04/10/97 House Introduced and read first time HJ-70
04/10/97 House Referred to Committee on Labor, Commerce and
Industry HJ-70
A BILL
TO AMEND SECTIONS 42-15-95, AS AMENDED, 44-7-325,
AND 44-115-80, AS AMENDED, CODE OF LAWS OF SOUTH
CAROLINA, 1976, ALL RELATING TO MEDICAL RECORDS
AND CHARGES FOR COPYING MEDICAL RECORDS, SO AS
TO PROVIDE THAT A SEARCHING AND HANDLING FEE
ONLY MAY BE CHARGED ONCE WHEN A PATIENT IS
GATHERING INFORMATION IN CONNECTION WITH A
CLAIM OR LEGAL DISPUTE.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Section 42-15-95 of the 1976 Code, as last amended
by Act 468 of 1994, is further amended to read:
"Section 42-15-95. All existing information compiled by a health
care facility, as defined in Section 44-7-130, or a health care provider
licensed pursuant to Title 40 pertaining directly to a workers'
compensation claim must be provided to the insurance carrier, the
employer, the employee, their attorneys, or the South Carolina
Workers' Compensation Commission, within fourteen days after
receipt of written request. A health care facility and a 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
a page for the first thirty pages and fifty cents per
a page for all other pages, and a one-time, per-claim
clerical fee for searching and handling not to exceed fifteen dollars
per request plus actual postage and applicable sales tax. 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. If a treatment facility or physician fails to send the
requested information within forty-five days after receipt of the
request, the person or entity making the request may apply to the
commission for an appropriate penalty payable to the commission,
not to exceed two hundred dollars."
SECTION 2. Section 44-7-325(A) of the 1976 Code, as added by
Act 468 of 1994, is amended to read:
"(A) 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, but the fee may
not exceed sixty-five cents per a page for the first
thirty pages and fifty cents per a 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. Additionally, if a patient or a patient's
representative requests a medical record or ongoing or updated
information in connection with a legal dispute, the facility or provider
only may charge in connection with that legal dispute a one-time
clerical fee for searching and handling not to exceed fifteen
dollars. 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 3. Section 44-115-80 of the 1976 Code, as last amended
by Act 468 of 1994, is further amended to read:
"Section 44-115-80. A physician may charge a fee for the search
and duplication of a medical record, but the fee may not exceed
sixty-five cents per a page for the first thirty pages
and fifty cents per a 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.
Additionally, if a patient or a patient's representative requests a
medical record or ongoing or updated information in connection with
a legal dispute, the physician only may charge in connection with that
legal dispute a one-time clerical fee for searching and handling not to
exceed fifteen dollars. 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 4. This act takes effect upon approval by the Governor.
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