South Carolina General Assembly
108th Session, 1989-1990

Bill 3541

                    Current Status

Bill Number:               3541
Ratification Number:       284
Act Number                 186
Introducing Body:          House
Subject:                   Relating to workers' compensation
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A186, R284, H3541)

AN ACT TO AMEND SECTION 42-15-95, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WORKERS' COMPENSATION AND THE AVAILABILITY OF INFORMATION COMPILED BY A TREATMENT FACILITY, SO AS TO, AMONG OTHER THINGS, APPLY THE SECTION TO EXISTING INFORMATION, INCLUDE PHYSICIANS AS COMPILERS OF THE INFORMATION, SET FORTH WHEN THE INFORMATION MUST BE PROVIDED, PROVIDE FOR THE COST FOR RECEIVING THE INFORMATION, PROVIDE FOR THE PAYMENT OF POSTAGE COSTS, AND PROVIDE THAT IF A TREATMENT FACILITY OR PHYSICIAN FAILS TO SEND THE REQUESTED INFORMATION WITHIN FORTY-FIVE DAYS, THE PERSON OR ENTITY MAKING THE REQUEST MAY APPLY TO THE WORKERS' COMPENSATION COMMISSION FOR AN APPROPRIATE PENALTY PAYABLE TO THE COMMISSION, NOT TO EXCEED TWO HUNDRED DOLLARS.

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

Type of information; extended to physicians; time; costs; penalty; etc.

SECTION 1. Section 42-15-95 of the 1976 Code is amended to read:

"Section 42-15-95. All existing information compiled by a treatment facility or a physician 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 cost for receiving this information is fifty cents a page, with a minimum charge of five dollars. Actual postage costs, if any, also must be paid for receiving the information. 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."

Time effective

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