H 3561 General Bill, By Fleming, Littlejohn, Martin and Stille
 A BILL TO AMEND SECTION 38-71-730, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO REQUIREMENTS FOR GROUP ACCIDENT, GROUP HEALTH, AND GROUP
 ACCIDENT AND HEALTH INSURANCE POLICIES, SO AS TO PROVIDE THAT, IF ANY COMPANY
 OFFERS MEDICARE SUPPLEMENTAL HEALTH INSURANCE COVERAGE TO PERSONS UNDER
 SIXTY-FIVE YEARS OF AGE OR TO PERSONS SIXTY-FIVE YEARS OF AGE OR OLDER, THE
 COMPANY SHALL PROVIDE FOR AN OPEN ENROLLMENT PERIOD OF NOT LESS THAN SIX
 MONTHS AND NO SUCH PERSON DESIRING THE COVERAGE, AND APPLYING FOR IT, SHALL BE
 DENIED IT, AND TO PROVIDE FOR RELATED MATTERS.

   02/18/99  House  Introduced and read first time HJ-2
   02/18/99  House  Referred to Committee on Labor, Commerce and
                     Industry HJ-2

TO AMEND SECTION 38-71-730, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS FOR GROUP ACCIDENT, GROUP HEALTH, AND GROUP ACCIDENT AND HEALTH INSURANCE POLICIES, SO AS TO PROVIDE THAT, IF ANY COMPANY OFFERS MEDICARE SUPPLEMENTAL HEALTH INSURANCE COVERAGE TO PERSONS UNDER SIXTY-FIVE YEARS OF AGE OR TO PERSONS SIXTY-FIVE YEARS OF AGE OR OLDER, THE COMPANY SHALL PROVIDE FOR AN OPEN ENROLLMENT PERIOD OF NOT LESS THAN SIX MONTHS AND NO SUCH PERSON DESIRING THE COVERAGE, AND APPLYING FOR IT, SHALL BE DENIED IT, AND TO PROVIDE FOR RELATED MATTERS.

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

SECTION 1. Section 38-71-730(6) of the 1976 Code, as last amended by Section 767 of Act 181 of 1993, is further amended to read:

"(6) A group policy or subscriber contract of accident and health insurance which is advertised, marketed, or designed primarily as a supplement to reimbursements under Medicare for the hospital, medical, or surgical expenses of persons eligible for Medicare must equal, and may exceed, the minimum standards for Medicare supplement policies as contained in regulations promulgated by the department.; provided, however, that if any company offers Medicare supplemental health insurance coverage (as defined under Section 1882(g)(1) of the Social Security Act) to persons under sixty-five years of age or to persons sixty-five years of age or older, the company shall provide for an open enrollment period of not less than six months for all such age categories of persons, and no such person desiring this coverage, and applying for it during the period of open enrollment, shall be denied the coverage; provided, further, a company must offer Medicare supplemental health insurance coverage to persons under sixty-five years of age who qualify for the coverage whether due to social security disability or any other reason."