South Carolina General Assembly
108th Session, 1989-1990

Bill 1166

                    Current Status

Bill Number:               1166
Ratification Number:       537
Act Number                 450
Introducing Body:          Senate
Subject:                   Promulgated on use or disclosure of
                           information
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A450, R537, S1166)

AN ACT TO AMEND SECTION 43-1-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RULES GOVERNING CUSTODY AND USE OF RECORDS, SO AS TO PROVIDE THAT THE STATE DEPARTMENT OF SOCIAL SERVICES SHALL PROMULGATE REGULATIONS TO COMPLY WITH FEDERAL REQUIREMENTS ON THE USE OR DISCLOSURE OF INFORMATION CONCERNING APPLICANTS AND RECIPIENTS; TO AMEND SECTION 43-1-160, RELATING TO THE DISCLOSURE OF NAMES OF PERSONS RECEIVING PUBLIC ASSISTANCE TO BE PUBLIC RECORDS, SO AS TO PROHIBIT RELEASE OF THIS INFORMATION; TO AMEND SECTION 44-6-190, RELATING TO THE APPLICABILITY OF THE ADMINISTRATIVE PROCEDURES ACT, SO AS TO REQUIRE THAT THE DEPARTMENT PROMULGATE REGULATIONS COMPLYING WITH FEDERAL REQUIREMENTS TO LIMIT THE USE OR DISCLOSURE OF INFORMATION CONCERNING APPLICANTS AND RECIPIENTS TO PURPOSES DIRECTLY CONNECTED WITH THE ADMINISTRATION OF MEDICAID.

Be it enacted by the General Assembly of the State of South Carolina:

Regulations promulgated on use or disclosure of information

SECTION 1. Section 43-1-150 of the 1976 Code is amended to read:

"Section 43-1-150. The State Department shall promulgate regulations to comply with federal requirements on the use or disclosure of information concerning applicants or recipients of public assistance, including Medicaid.

When information concerning applicants or recipients of public assistance, including Medicaid, is furnished to or held by another agency or department of government, that agency or department is required to adopt regulations to comply with federal requirements on the use or disclosure of information concerning applicants or recipients of public assistance, including Medicaid."

Unlawful use of certain information; penalties

SECTION 2. Section 43-1-160 of the 1976 Code is amended to read:

"Section 43-1-160. No person shall use or disclose information concerning applicants or recipients of public assistance, including Medicaid, except for purposes connected with the administration of the applicable program or as authorized by state or federal regulations.

A person, firm, association, corporation, or other agency violating any provision of this section, upon conviction, must be fined not more than five hundred dollars or imprisoned for not more than six months, or both."

Regulations promulgated

SECTION 3. Section 44-6-190 of the 1976 Code is amended to read:

"Section 44-6-190. The commission may promulgate regulations pursuant to the Administrative Procedures Act. Appeals from decisions by the commission are provided in the Administrative Procedures Act.

The commission shall promulgate regulations to comply with federal requirements to limit the use or disclosure of information concerning applicants and recipients to purposes directly connected with the administration of the Medicaid program."

Time effective

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

Approved the 7th day of May, 1990.