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S. 521
STATUS INFORMATION
General Bill
Sponsors: Senators Martin and Leatherman
Document Path: l:\council\bills\dka\3204dw05.doc
Introduced in the Senate on February 23, 2005
Currently residing in the Senate Committee on Judiciary
Summary: Workers' Compensation claims and disclosure of information by health care providers
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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2/23/2005 Senate Introduced and read first time SJ-8
2/23/2005 Senate Referred to Committee on Judiciary SJ-8
2/25/2005 Senate Referred to Subcommittee: Moore (ch), Ford, Mescher,
Rankin, Scott
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
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 DEFINE "MEDICAL AND VOCATIONAL INFORMATION" AND "REHABILITATION PROFESSIONAL", AND 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.
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) As used in this section:
(1) 'Medical and vocational information' means information collected in the process of assessing, planning, coordinating, monitoring, or evaluating the services required to address a claimant's health care needs through quality care promoting optimal recovery and rehabilitation.
(2) 'Rehabilitation professional' means a person possessing one more of the following professional credentials:
(a) certified rehabilitation counselor;
(b) certified registered rehabilitation nurse;
(c) certified disability management specialist;
(d) certified vocational evaluator;
(e) certified occupational health nurse;
(f) orthopedic nurse certified;
(g) certified case manager; or
(h) an individual actively working toward certification as a professional as defined in this subsection who is under the direct supervision of an individual that is certified as a professional as defined in this subsection.
(B) 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 shall furnish, upon request, all medical and vocational information pertaining directly to a workers' compensation claim must be provided to the insurance carrier, the employer, the employee, their attorneys or rehabilitation professionals, or the South Carolina Workers' Compensation Commission, within fourteen days after receipt of written request.
(C) 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 for each page for the first thirty pages and fifty cents per for each page for all other pages, and a clerical fee for searching and handling not to exceed fifteen dollars per for each 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.
(D) If a treatment facility or physician fails to send furnish 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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