/ 89.___ (GP: Other Injured South Carolinians Fund) (A) There is created the Other Injured South Carolinians Fund, that must be separate and distinct from the general fund. The purpose of the fund is to compensate victims injured anywhere in this State due to negligence on behalf of the State, or an agent of the State, for medical costs not covered by insurance or other means which exceed the individual victim's share of the maximum amount recoverable from a governmental entity for a single occurrence pursuant to Section 15-78-120 of the Tort Claims Act.
(B) The Chairman of the Senate Finance Committee and the Chairman of the House Ways and Means Committee shall jointly appoint an administrator for the fund. The administrator shall serve without compensation and until all claims to the fund have been processed. The administrator shall establish a sixty day period to receive claims to the fund. For two weeks prior to the opening of the claims period, the administrator must publish a notice in a newspaper of general circulation in the State the procedure by which claims may be submitted. The State Office of Victim Assistance shall provide administrative and logistical assistance to the administrator. The administrator may use up to $50,000 from the fund to defray the costs associated with managing the fund and to reimburse the State Office of Victim Assistance for any costs associated with providing support.
(C) At the close of the claims period, the administrator shall pay to each claimant the actual amount of their verifiable medical expenses if the aggregate amount of claims to the fund does not exceed the amount available in the fund. If the aggregate amount of claims exceeds the amount in the fund, the administrator shall pay each claimant a percentage of the fund equal to the percentage of the uncompensated medical expenses incurred by the claimant in relation to the total amount of uncompensated medical expenses incurred by all claimants to the fund. Funds may only be used to pay victims directly for uncompensated medical expenses and must not be used to pay subrogation claims or attorneys fees. /
Amend the bill further, as and if amended, Part IB, Section 90, STATEWIDE REVENUE, page 536, paragraph 90.20, after line 32, by adding an appropriately lettered subsection to read:
/ ( ) Of any excess funds collected above the amount identified in subsection (A)(2), the first $2,000,000 shall be transferred to the Other Injured South Carolinians Fund. /
Renumber sections to conform.
Amend sections, totals and title to conform.