However, notwithstanding the provisions of this section, a physician may not refuse to release the entire record or a portion of the record if the information is requested by a licensed attorney representing the patient, when the request is accompanied by a written authorization signed by the patient, the patient's legal guardian, or the patient's personal representative, for any reason, a licensed attorney representing the patient, or by an insurance company with reference to an application for life or health insurance or the payment and adjudication of claims relating to life and health insurance or if the information is requested with reference to the payment or adjudication of personal injury claims. (A) A physician, or other owner of medical records as provided for in Section 44-115-130, may charge a fee for the search and duplication of a paper or electronic medical record, but the fee may not exceed: (1) Sixty-five cents per page for the first thirty pages provided in an electronic format and fifty cents per page for all other pages provided in an electronic format, plus a clerical fee not to exceed twenty-five dollars for searching and handling, which combined with the per page costs may not exceed one hundred fifty dollars per request, but to which may be added actual postage and applicable sales tax. Fees for providing medical information other than copying existing documents. Sections 44-115-80 and 44-115-90 not applicable to requests for information made in relation to health insurance claims. Payment for services related to medical records a just debt; payment in advance may be required.
An unreasonable refusal to release the entire medical record constitutes unprofessional conduct and subjects the physician to disciplinary action of the South Carolina State Board of Medical Examiners. Fees physician may charge for search and duplication of records.The patient or his legal representative is entitled to receive a copy of the record either in a printed format or an electronic format but only if the record is stored in an electronic format at the time of the request and the physician or other owner of the record has the ability to produce the medical record in an electronic format without incurring additional cost. A physician who in good faith releases medical information for claims processing relying on the representations of the claims administrator that an authorization for release of the information is on file is immune from any civil or criminal liability alleged to be caused by the physician's compliance with the request to release the information. Physician's release of summary or portion in lieu of full record. 294, Section 2, in the first sentence, inserted "legal" before "representative to release the record"; and added the second sentence.202-334-3313 or 1-800-624-6242) from experts supporting an association between military service and later development of ALS.Published reports reviewed by the experts show up to a two fold increased risk of developing amyotrophic lateral sclerosis (ALS, also known as Lou Gehrig’s disease) among veterans deployed in the Persian Gulf War of 1991.