Reference is to Printer's Date 5/15/14-H.
Amend the bill, as and if amended, immediately after SECTION 1, by adding an appropriately numbered SECTION to read:
/ SECTION __. Section 38-3-110(5) of the 1976 Code is amended by adding a new subitem (d) to read:
"(d) A healthcare
sharing ministry is not considered to be engaging in the
business of insurance and is not subject to the insurance laws
of this State. The director must therefore make clear in the
reports he prepares pursuant to the requirements of this section
that under South Carolina law a healthcare sharing ministry is
not considered to be engaging in the business of insurance and
is not subject to the insurance laws of this State. For
purposes of this subitem, "healthcare sharing ministry'
means a faith-based, nonprofit organization that is tax-exempt
under the Internal Revenue Code that:
(1) limits its participants to those who are of a similar faith;
(2) acts as a facilitator among participants who have financial or medical needs, or both, and matches those participants with other participants with the present ability to assist those with financial or medical needs, or both, in accordance with criteria established by the healthcare sharing ministry;
(3) provides for the financial or medical needs, or both, of a participant through contributions from one participant or multiple participants to another;
(4) provides amounts that participants may contribute with no assumption of risk or promise to pay among the participants and no assumption of risk or promise to pay by the healthcare sharing ministry to the participants;
(5) provides a written monthly statement to all participants that lists the total dollar amount of qualified needs submitted to the healthcare sharing ministry, as well as the amount actually published or assigned to participants for their contributions;
(6) satisfies Title 26, Chapter 48, Section 5000A(d)(2)(B)(ii)(IV) of the United States Code;
(7) provides a written disclaimer on or accompanying all applications and guideline materials distributed by or on behalf of the organization that reads:
'Important Notice: The healthcare sharing ministry facilitating the sharing of medical expenses is not a health insurance company, and neither its guidelines nor plan of operation is an insurance policy. Whether anyone chooses to assist you with your medical bills will be totally voluntary because no other participant or group of participants will be compelled by law to contribute toward your medical bills. As such, participation in the organization or a subscription to any of its documents should never be considered to be insurance. Regardless of whether you receive any payment for medical expenses or whether this organization continues to operate, you are always personally responsible for the payment of your own medical bills'; and
(8) provides a written disclaimer on all participation cards issued by or on behalf of the organization that states the healthcare sharing ministry is not insurance." /
Amend the bill further, immediately before SECTION 6, by adding an appropriately numbered SECTION to read:
/ SECTION __. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective. /
Renumber sections to conform.
Amend title to conform.