Scroll to History Page
Scroll to Previous Versions Links List
Scroll to Full Text
Download This Bill in Microsoft Word format
Current Status Bill Number:View additional legislative information at the LPITS web site.1215 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:20020416 Primary Sponsor:Jackson All Sponsors:Jackson, Glover, Ford and Short Drafted Document Number:l:\council\bills\swb\5306zcw02.doc Residing Body:Senate Current Committee:Banking and Insurance Committee 02 SBI Subject:Breast cancer, insurers may not deny health insurance coverage for persons who have been free of breast cancer for at least five years History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ Senate 20020416 Introduced, read first time, 02 SBI referred to Committee Versions of This Bill
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-732 SO AS TO PROHIBIT HEALTH INSURANCE ISSUERS FROM DENYING COVERAGE FOR PREEXISTING BREAST CONDITIONS OR FOR INSUREDS WHO HAVE BEEN FREE OF BREAST CANCER FOR AT LEAST FIVE YEARS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 38-71-732. (A) An insurer proposing to issue group accident and health insurance policies or individual health insurance coverage providing hospital, medical and surgical, major medical, or cancer-only coverage on an expense-incurred basis, and policies or contracts designed for issuance to persons eligible for coverage under Title XVIII of the Social Security Act, known as Medicare, or any other similar coverage under state or federal governmental plans; a corporation providing individual or group accident and health subscription contracts; or a health maintenance organization providing a health care plan for health care services may not deny the issuance or renewal of, or cancel, a policy, subscription contract, or plan or include any exception or exclusion of benefits in such policy, subscription contract or plan for the following:
(1) solely because the insured has been diagnosed as having a fibrocystic condition or a nonmalignant lesion, or solely due to the family history of the insured related to breast cancer, or solely due to any combination of these factors; or
(2) solely due to breast cancer, if the insured has been free from breast cancer for a period of five years or more prior to the date of application for coverage.
Benefits provided under a policy, subscription contract or plan for such insureds must be provided with durational limits, deductibles, coinsurance factors, and copayments that are no less favorable than for physical illness generally.
(B) An insurer proposing to issue group accident and health insurance policies or individual health insurance coverage providing hospital, medical and surgical, or major medical coverage on an expense-incurred basis, and policies or contracts designed for issuance to persons eligible for coverage under Title XVIII of the Social Security Act, known as Medicare, or any other similar coverage under state or federal governmental plans; a corporation providing individual or group accident and health subscription contracts; or a health maintenance organization providing a health care plan for health care services must consider routine follow-up care, used to determine whether a breast cancer has recurred in a person who has been previously determined to be free of breast cancer as evidenced by negative follow-up care for a period of at least five years following completion of local and adjuvant therapies, to constitute medical advice, diagnosis, care or treatment for purposes of determining a preexisting condition unless evidence of breast cancer is found during, or as a result of, the follow-up care.
(C) The requirements of this section apply to all insurance policies, contracts and plans delivered, issued for delivery, reissued, renewed or extended or at any time when any term of any such policy, contract, or plan is changed or any premium adjustment is made. The provisions of this section do not apply to short-term travel, accident-only, limited or specified disease policies except those providing coverage for cancer on an expense-incurred basis, nor to short-term nonrenewable policies of not more than six months duration."
SECTION 2. This act takes effect upon approval by the Governor.
This web page was last updated on
Tuesday, December 8, 2009 at 11:17 A.M.