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S. 1124
STATUS INFORMATION
General Bill
Sponsors: Senators Peeler and Thomas
Document Path: l:\s-res\hsp\003path.mrh.doc
Companion/Similar bill(s): 4975
Introduced in the Senate on April 1, 2004
Currently residing in the Senate
Summary: Payment for outpatient anatomic pathology or cytology services
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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4/1/2004 Senate Introduced and read first time SJ-7
4/1/2004 Senate Referred to Committee on Medical Affairs SJ-7
4/21/2004 Senate Committee report: Favorable with amendment Medical
Affairs SJ-48
4/22/2004 Scrivener's error corrected
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
COMMITTEE REPORT
April 21, 2004
S. 1124
S. Printed 4/21/04--S. [SEC 4/22/04 2:31 PM]
Read the first time April 1, 2004.
To whom was referred a Bill (S. 1124) to amend Title 44 of the 1976 Code by adding Chapter 132 to provide for the direct submission of claims for anatomic pathology services, to provide for the submission and limitations of, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, page 3, by striking lines 1-3 and inserting:
/ construed (1) to prohibit payments for anatomic pathology services by government agencies or their specified public or private agent, agency, or organization on behalf of the recipient of the services, or (2) to mandate the right of assignment of benefits for anatomic pathology services as defined in this chapter." /
Renumber sections to conform.
Amend title to conform.
HARVEY S. PEELER, JR. for Committee.
EXPLANATION OF IMPACT:
Department of Health and Human Services
The department anticipates no fiscal impact with the passage of the proposed legislation. According to the Health & Human Services, physicians and hospitals already bill for certain laboratory/pathology codes in the manner of the language noted within Section 44-132-20 which governs how a person licensed to practice medicine and a pathology specialist may bill for anatomic pathology services.
Department of Health and Environmental Control
The department reports that there would be no cost to the agency associated with enactment of this bill. It appears that the department might be able to charge for certain laboratory services that they had not been able to charge in the past. This might result in some additional revenue for the department.
Department of Labor, Licensing and Regulation
The department indicates there will be no fiscal impact on the General Fund of the State, nor on federal and/or other funds.
Approved By:
Don Addy
Office of State Budget
TO AMEND TITLE 44 OF THE 1976 CODE BY ADDING CHAPTER 132 TO PROVIDE FOR THE DIRECT SUBMISSION OF CLAIMS FOR ANATOMIC PATHOLOGY SERVICES, TO PROVIDE FOR THE SUBMISSION AND LIMITATIONS OF BILLS FOR OUTPATIENT ANATOMIC PATHOLOGY SERVICES, AND TO PROVIDE FOR THE DEFINITION OF ANATOMIC PATHOLOGY SERVICES FOR PURPOSES OF THIS CHAPTER.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Title 44 of the 1976 Code is amended by adding:
Section 44-132-10. Except as provided in Section 44-132-20, no person licensed to practice in South Carolina as a physician, surgeon, or osteopath, a dentist or dental surgeon, a nurse practitioner, or a physician's assistant shall charge, bill, or otherwise solicit payment for outpatient anatomic pathology services unless the services were rendered personally by the licensed practitioner or under the licensed practitioner's supervision.
Section 44-132-20. A person who is licensed to practice medicine in South Carolina and who is qualified as a specialist in pathology, or the professional legal entity of which the person is a shareholder, partner, employee, or owner, may submit a bill for outpatient anatomic pathology services only to:
(1) the patient directly;
(2) the responsible insurer or other third-party payor;
(3) the hospital, public health clinic, or nonprofit health clinic; or
(4) the referral laboratory or the primary laboratory.
Section 44-132-30. The health professional licensing boards of South Carolina which license and regulate the practitioners specified in Section 44-132-10, in addition to all other authority granted to them under the South Carolina Code of Laws, may revoke, suspend, or deny the renewal of the license of any practitioner who violates the provisions of this chapter. In addition, no patient, insurer, third-party payor, hospital, public health clinic, or nonprofit health clinic shall be required to reimburse such practitioners for charges or bills submitted in violation of this chapter.
Section 44-132-40. The provisions of this chapter shall not prohibit billing between laboratories for anatomic pathology services in instances where a sample or samples must be sent to another specialist.
Section 44-132-50. For purposes of this chapter, the term 'anatomic pathology services' means:
(1) histopathology or surgical pathology meaning the gross and microscopic examination of organ tissue performed by a physician or osteopath or under the supervision of a physician or osteopath;
(2) cytopathology meaning the examination of cells, from fluids, washings, brushings or smears, including the Pap test examination performed by a physician or osteopath or under the supervision of a physician or osteopath;
(3) hematology meaning the microscopic evaluation of bone marrow aspirations and biopsies performed by a physician or osteopath, or under the supervision of a physician or osteopath, and peripheral blood smears when the attending/treating physician or osteopath, or technologist requests that a blood smear be reviewed by a pathologist;
(4) sub-cellular pathology and molecular pathology; and
(5) blood-banking services performed by pathologists.
This chapter shall not apply to any clinical laboratory service that is not included in the definition of anatomic pathology as set forth in this section. Nothing contained in this chapter shall be construed to prohibit payments for anatomic pathology services by government agencies or their specified public or private agent, agency, or organization on behalf of the recipient of the services."
SECTION 2. This act takes effect upon approval by the Governor.
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