Vol. 4, No. 1, Pg. 10. South Carolina's New Medical Records Law.

• Author: By Stephen P. Williams

South Carolina Lawyer

1992.

Vol. 4, No. 1, Pg. 10.

South Carolina's New Medical Records Law

10South Carolina's New Medical Records LawBy Stephen P. WilliamsMuch of the confusion surrounding access to copies of medical records by patients, lawyers and insurance carriers has been laid to rest with passage of the Physician's Patient Records Act (the Act) in June. Lawyers and physicians should familiarize themselves with the Act's important provisions, which include the following.

A patient or patient's legal representative has a right to receive a copy of the patient's medical record upon request when accompanied by a written authorization from the patient or the patient's representative. To expedite claims processing, physicians may rely on the representations of insurance carriers that the patient's authorization is on file with the carrier. A physician who relies on such a representation in good faith is immune from civil or criminal liability alleged to be caused by the release of the record.

The Act also provides that a physician may refuse to release a copy of the entire medical record where the physician has knowledge or a reasonable belief that releasing the information would cause harm to the emotional or physical well-being of the patient or another person who has given the physician information regarding the patient; or where release of the information is otherwise prohibited by law. This "therapeutic exception" does not apply to requests for a copy of the entire record made by a lawyer representing the patient, or by an insurance company regarding applications for insurance or claims administration for health, accident, and property and casualty insurance.

Medical records may not be withheld from the patient because of an unpaid bill for medical services.

Physicians may charge a fee of 50 cents per page or a $10 minimum fee, plus actual postage costs, for making copies of medical records. When a request for medical information involves more than making copies of an existing record, the physician may also charge reasonable fees for providing this service. Payment for all services related to medical record requests is a just debt, due and payable at the time service is rendered. A physician may require payment in advance for a copy of the record.

A physician may not charge for information...