Bill 3236

                    Current Status

Bill Number:               3236
Ratification Number:       621
Act Number:                531
Introducing Body:          House
Subject:                   Relating to investigations by the
                           Ombudsman of the Governor's Office

(A531, R621, H3236)

AN ACT TO AMEND SECTION 43-38-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INVESTIGATIONS BY THE OMBUDSMAN OF THE GOVERNOR'S OFFICE, SO AS TO AUTHORIZE A GENERAL HOSPITAL IN WHICH A CLIENT, PATIENT, OR RESIDENT OF A HEALTH FACILITY HAS BEEN TREATED DURING THE PERIOD UNDER INVESTIGATION TO RELEASE MEDICAL RECORDS TO THE OMBUDSMAN UPON HIS WRITTEN REQUEST; TO LIMIT DISCLOSURE OF FILES MAINTAINED BY THE OMBUDSMAN PROGRAM TO THE FILES OVER WHICH HE HAS DISPOSITION AUTHORITY, UPON HIS DISCRETION; AND TO PROVIDE EXCEPTIONS TO DISCLOSURE.

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

Ombudsman authorized to investigate

SECTION 1. Section 43-38-20 of the 1976 Code is amended to read:

"Section 43-38-20. The ombudsman of the office of the Governor is authorized to investigate any problem or complaint on behalf of any interested party or any client, patient, or resident of any facility as defined in this chapter. In carrying out the investigation, he may request and receive written statements, documents, exhibits, and other items pertinent to the investigation. These items include medical records of a general hospital in which a client, patient, or resident has been treated during the period under investigation. General hospitals are authorized to release the medical records to the ombudsman upon his written request without the necessity of patient authorization. Provided, however, that any files maintained by the ombudsman program shall be disclosed only at the discretion of the ombudsman having authority over the disposition of such files, except that the identity, disease, or illness of any complainant or resident of a long-term care facility shall not be disclosed by such ombudsman unless:

(i) such complainant or resident, or his legal representative, consents in writing to such disclosure; or

(ii) such disclosure is required by court order.

Following the investigation he may issue such report and recommendations as in his opinion will assist in improving the facility under investigation."

Time effective

SECTION 2. This act shall take effect upon approval by the Governor.