S 1013 General Bill, By McConnell and Passailaigue
 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.

   01/11/00  Senate Introduced and read first time SJ-60
   01/11/00  Senate Referred to Committee on Medical Affairs SJ-60

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 85 of 1999, is further 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 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.

(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 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.

(D) 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 may only charge in connection with that legal dispute a one-time clerical fee for searching and handling not to exceed fifteen dollars."

SECTION 4. This act takes effect upon approval by the Governor.