South Carolina medical records laws

How South Carolina differs from federal HIPAA

• Publishes CPI-adjusted dollar maximums (including a clerical fee) where HIPAA only allows a cost-based fee; HIPAA's limit still caps patient requests.
• Records must be free when the patient is referred to another provider for continuing treatment.
• Records may not be withheld because of an unpaid medical bill (state statute, in addition to HIPAA).
• Physicians may require advance payment for copies.
• No faster deadline than HIPAA's 30 days.

How long a provider has to respond

South Carolina law (§ 44-115-30) gives you a right to a copy on written request but sets no deadline, so HIPAA applies: 30 days, with one 30-day extension if you are told in writing.(S.C. Code Ann. §§ 44-115-10 to 44-115-150 (Physicians' Patient Records Act), 45 CFR 164.524)

Under 45 CFR § 164.524, a provider may take one 30-day extension only if it tells you in writing, within the first 30 days, why and when you will get the records.

What a provider can charge

S.C. Code § 44-115-80 sets fee maximums that the Department of Public Health adjusts every July 1 by CPI; from July 1, 2026 they are a $34.76 clerical fee plus $0.90 per page for the first 30 pages and $0.68 per page after, capped at $208.63 (electronic) or $278.16 (paper) plus postage and tax. X-rays are limited to actual reproduction cost. HIPAA's reasonable, cost-based limit also applies to a patient's own request, so the lower amount governs.(S.C. Code Ann. §§ 44-115-10 to 44-115-150 (Physicians' Patient Records Act), S.C. DPH — Annual Adjustment to the Fee for Search and Duplication of a Medical Record (eff. July 1, 2026), 45 CFR 164.524)

Paper copies

July 1, 2026 maximums: $0.90/page for the first 30 pages, $0.68/page after, plus up to a $34.76 clerical fee

maximum clerical/search and handling fee (CPI-adjusted, eff. July 1, 2026)

Up to $34.76

Electronic copies

Same per-page and clerical maximums; total capped at $208.63 per request for electronic records (paper: $278.16), plus postage and sales tax. Records may be provided electronically only if stored electronically and producible at no added cost.

When copies are free

Free when the patient is referred to another provider for continuing treatment of a specific condition (§ 44-115-80(B)). No search fee may be charged to a patient when no record is found.

A provider cannot refuse to give you your records because you owe money for treatment. Compare every state on the medical records fees by state page.

How long records must be kept

• Physician offices: At least 10 years from the last date of treatment for adults; at least 13 years for minors (§ 44-115-120)(S.C. Code Ann. §§ 44-115-10 to 44-115-150 (Physicians' Patient Records Act))

Minors and sensitive records

• Minors: A minor 16 or older may consent to any health services other than operations (§ 63-5-340), and minors of any age may receive health services a provider deems necessary without parental consent (§ 63-5-350). Physicians keep minors' records at least 13 years after the last treatment.(S.C. Code Ann. §§ 44-115-10 to 44-115-150 (Physicians' Patient Records Act), S.C. Code Ann. §§ 63-5-340, 63-5-350)
• other: A physician may release a summary or portion instead of the full record if release would harm the patient's emotional or physical well-being or that of a person who gave information, but may not withhold it from the patient's attorney with signed authorization or for personal injury claims (§ 44-115-60).(S.C. Code Ann. §§ 44-115-10 to 44-115-150 (Physicians' Patient Records Act))

If a provider doesn't comply

An unreasonable refusal to release the record is unprofessional conduct subject to discipline by the State Board of Medical Examiners (§ 44-115-60). No South Carolina private right of action for records access was found; HIPAA has none — file with HHS OCR.(S.C. Code Ann. §§ 44-115-10 to 44-115-150 (Physicians' Patient Records Act))

• South Carolina Board of Medical Examiners (S.C. Department of Labor, Licensing and Regulation)

  physicians

• HHS Office for Civil Rights

  HIPAA violations by any covered entity, within 180 days

How to request your records in South Carolina

1. Ask the provider's medical records (health information) department for its request form, or write your own request with your name, date of birth, dates of care, the records you want, and the format (paper or electronic).
2. Keep a copy and note the date — the 30 days (HIPAA) clock runs from when the provider receives it.
3. If the deadline passes or the bill exceeds the rules above, use the complaint routes on this page.

Templates and step-by-step help are on the records-access hub. Find a South Carolina hospital's records office, or browse hospitals in South Carolina.

Common questions about South Carolina medical records