South Carolina General Assembly
115th Session, 2003-2004

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Bill 4841


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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-295 SO AS TO PROVIDE THAT HEALTH CARE PROVIDERS MAY CHARGE PATIENTS WITHOUT HEALTH INSURANCE THE SAME PRICE FOR A PARTICULAR SERVICE OR PROCEDURE THAT THE PROVIDER RECEIVES FOR THAT SERVICE OR PROCEDURE FROM ANY HEALTH INSURER OR SELF-INSURER WITH WHICH THE PROVIDER HAS AGREED TO PROVIDE SERVICES AFTER ALL REQUIRED CONTRACT ADJUSTMENTS, AND TO PROVIDE THAT THE HEALTH INSURER OR SELF-INSURER MAY NOT PENALIZE OR SANCTION THE PROVIDER FOR THIS ACTION OR TAKE THE POSITION THAT THE STANDARD CHARGE OF THE PROVIDER HAS BEEN REDUCED BECAUSE THE PROVIDER ELECTED TO CHARGE A PATIENT WITHOUT HEALTH INSURANCE THE SAME NET PRICE THE PROVIDER RECEIVES FOR THAT SERVICE OR PROCEDURE FROM THE INSURER AFTER ANY REQUIRED CONTRACT ADJUSTMENTS.

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

SECTION    1.    Chapter 71, Title 38 of the 1976 Code is amended by adding:

"Section 38-71-295.    Health care providers may charge patients without health insurance the same price for a particular service or procedure that the provider receives for that service or procedure from any health insurer or self-insurer with which the provider has agreed to provide services after all required contract adjustments. The health insurer or self-insurer may not penalize or sanction the provider for this action or take the position that the standard charge of the provider has been reduced because the provider elected to charge a patient without health insurance the same net price the provider receives for that service or procedure from the insurer after any required contract adjustments."

SECTION    2.    This act takes effect upon approval by the Governor.

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