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H. 4975

STATUS INFORMATION

General Bill
Sponsors: Rep. Cato
Document Path: l:\council\bills\nbd\12330ac04.doc
Companion/Similar bill(s): 1124

Introduced in the House on March 17, 2004
Introduced in the Senate on April 27, 2004
Last Amended on April 22, 2004
Currently residing in the Senate Committee on Medical Affairs

Summary: Payment for outpatient anatomic pathology or cytology services

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   3/17/2004  House   Introduced and read first time HJ-58
   3/17/2004  House   Referred to Committee on Labor, Commerce and Industry 
                        HJ-58
   4/21/2004  House   Committee report: Favorable with amendment Labor, 
                        Commerce and Industry HJ-4
   4/22/2004  House   Amended HJ-44
   4/22/2004  House   Read second time HJ-45
   4/22/2004  House   Unanimous consent for third reading on next legislative 
                        day HJ-45
   4/23/2004  House   Read third time and sent to Senate HJ-2
   4/27/2004  Senate  Introduced and read first time SJ-9
   4/27/2004  Senate  Referred to Committee on Medical Affairs SJ-9

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

3/17/2004
4/21/2004
4/22/2004

AMENDED

April 22, 2004

H. 4975

S. Printed 4/22/04--H.

Read the first time March 17, 2004.

TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 132 SO AS TO PROHIBIT PHYSICIANS AND OTHER SPECIFIED HEALTHCARE PROFESSIONALS FROM SOLICITING PAYMENT FOR OUTPATIENT ANATOMIC PATHOLOGY OR CYTOLOGY SERVICES UNLESS THE SERVICE WAS PERSONALLY RENDERED BY THAT PHYSICIAN OR HEALTHCARE PROVIDER AND TO PROVIDE EXCEPTIONS AND PENALTIES.

Amend Title To Conform

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:

Direct Submission of Claims for Anatomic Pathology Services

Section 44-132-10.    Except as provided in section 44-132-20, no person licensed to practice in this State 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 this State 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 this State which license and regulate the practitioners specified in Section 44-132-10, in addition to all other authority granted to them under state law, 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 is required to reimburse these practitioners for charges or bills submitted in violation of this chapter.

Section 44-132-40.    The provisions of this chapter do 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 or 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 does 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 may 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. Nothing in this chapter may be construed to mandate the right of assignment of benefits for anatomic pathology services as defined in this chapter."

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

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