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S. 849

STATUS INFORMATION

General Bill
Sponsors: Senators McConnell and Martin
Document Path: l:\council\bills\pt\1729ahb04.doc

Introduced in the Senate on January 21, 2004
Currently residing in the Senate Committee on Judiciary

Summary: Health care providers, communications with employer, not limited under certain conditions

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
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   1/21/2004  Senate  Introduced and read first time SJ-4
   1/21/2004  Senate  Referred to Committee on Judiciary SJ-4

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

1/21/2004

TO AMEND SECTION 42-15-95, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WORKERS' COMPENSATION CLAIMS AND THE DISCLOSURE OF INFORMATION BY HEALTH CARE PROVIDERS, SO AS TO PROVIDE THAT THE MANNER OF COMMUNICATION BETWEEN THE HEALTH CARE PROVIDER AND THE EMPLOYER IS NOT LIMITED IF THE INFORMATION IS RELATED TO A WORKERS' COMPENSATION CLAIM, AND TO DEFINE THE TERM "EXISTING INFORMATION".

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.    (A)    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. The health care provider is not limited as to the manner of communication with the employer if the information furnished is relevant to the workers' compensation claim. The term 'existing information' means written records and verbal or written communication with a person authorized by the employer to receive the information.

(B)    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 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. 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.

(C)    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.    This act takes effect upon approval by the Governor.

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