S 171 Session 112 (1997-1998)
S 0171 General Bill, By Courtney
A BILL TO AMEND SECTION 38-71-200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO THE PROHIBITION ON DISCRIMINATION IN ACCIDENT AND HEALTH
INSURANCE POLICIES AND BENEFITS FOR CERTAIN LICENSED SERVICES, SO AS TO
INCLUDE SERVICES OF A LICENSED MASTER SOCIAL WORKER, LICENSED INDEPENDENT
SOCIAL WORKER, LICENSED MARRIAGE AND FAMILY THERAPIST, LICENSED PROFESSIONAL
COUNSELOR, OR PSYCHIATRIC CLINICAL NURSE SPECIALIST.
01/15/97 Senate Introduced and read first time SJ-2
01/15/97 Senate Referred to Committee on Banking and Insurance SJ-2
03/12/97 Senate Recalled from Committee on Banking and Insurance SJ-4
04/17/97 Senate Special order SJ-29
04/29/97 Senate Read second time SJ-62
04/29/97 Senate Ordered to third reading with notice of
amendments SJ-62
05/27/97 Senate Special order SJ-52
06/04/97 Senate Amended SJ-103
06/04/97 Senate Read third time and sent to House SJ-103
06/04/97 House Introduced and read first time HJ-154
06/04/97 House Referred to Committee on Labor, Commerce and
Industry HJ-154
Indicates Matter Stricken
Indicates New Matter
AS PASSED BY THE SENATE
June 4, 1997
S. 171
Introduced by Senator Courtney
S. Printed 6/4/97--S.
Read the first time January 15, 1997.
A BILL
TO AMEND SECTION 38-71-200, AS AMENDED, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE
PROHIBITION ON DISCRIMINATION IN ACCIDENT AND
HEALTH INSURANCE POLICIES AND BENEFITS FOR
CERTAIN LICENSED SERVICES, SO AS TO INCLUDE
SERVICES OF A LICENSED MASTER SOCIAL WORKER,
LICENSED INDEPENDENT SOCIAL WORKER, LICENSED
MARRIAGE AND FAMILY THERAPIST, LICENSED
PROFESSIONAL COUNSELOR, OR PSYCHIATRIC CLINICAL
NURSE SPECIALIST.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Section 38-71-200 of the 1976 Code, as last amended
by Act 396 of 1994, is amended to read:
"Section 38-71-200. (A) Discrimination between
individuals of the same class in the amount of premiums or rates
charged for any policy of insurance covered by this chapter, in the
benefits payable thereon, in any of the terms or conditions of the
policy, or in any other manner whatsoever is prohibited except as
provided in Sections 38-57-140 and 38-71-1110. Whenever any
policy of insurance governed by this chapter provides for payment or
reimbursement for any service which is within the scope of practice
of a licensed podiatrist, licensed oral surgeon, or licensed optometrist,
the insured or other person entitled to benefits under the policy is
entitled to payment or reimbursement in accordance with the usual
and customary fee for the services whether the services are performed
by a licensed physician or a licensed podiatrist, a licensed oral
surgeon, or a licensed optometrist, notwithstanding any provision
contained in the policy, and the policyholder, insured, or beneficiary
has the right to choose the provider of the services.
(B) If an insurer offers a policy containing a provision for
mental health benefits, it shall offer as a part thereof an optional rider
or endorsement, which defines such benefits as including payment to
licensed master social workers, licensed independent social workers,
licensed marriage and family therapists, licensed professional
counselors, and psychiatric clinical nurse specialists for mental health
services specified in the policy which are within the respective scope
of practice of each of these provider groups. Any additional premium
cost must be reasonably related to benefits provided. Nothing in this
section shall be construed to prohibit a health maintenance
organization or other health benefit plan from professionally
credentialing and evaluating individual providers or limiting the
number of providers to maintain a network."
SECTION 2. This act takes effect upon approval by the Governor.
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