S*0494(Rat #0245, Act #0239 of 2000)  General Bill, By Saleeby
 A BILL TO AMEND SECTION 44-53-950, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO THE SALE OF HYPODERMIC NEEDLES AND SYRINGES, SO AS TO EXEMPT
 CERTIFIED OR LICENSED DURABLE MEDICAL EQUIPMENT PROVIDERS FROM THE
 REQUIREMENTS OF ARTICLE 7, CHAPTER 53, TITLE 44 WHEN A HYPODERMIC NEEDLE OR
 SYRINGE IS SOLD TO AN INSULIN DEPENDENT DIABETIC; AND TO AMEND SECTION
 38-71-46, RELATING TO THE REQUIREMENT THAT EVERY HEALTH MAINTENANCE
 ORGANIZATION, AND INDIVIDUAL AND GROUP HEALTH INSURANCE POLICY MUST COVER
 CERTAIN TREATMENT, EQUIPMENT, AND TRAINING FOR PERSONS WITH DIABETES MELLITUS,
 SO AS TO REVISE THE REQUIRED COVERAGE TO INCLUDE CERTAIN FOOD AND DRUG
 ADMINISTRATION-APPROVED MEDICATION INDICATED FOR THE TREATMENT OF DIABETES,
 AND TO PROVIDE THAT THIS PROVISION DOES NOT PROHIBIT A HEALTH MAINTENANCE
 ORGANIZATION OR A GROUP HEALTH INSURANCE POLICY FROM PROVIDING COVERAGE FOR
 MEDICATION ACCORDING TO FORMULARY OR USING NETWORK PROVIDERS.-AMENDED TITLE

   02/16/99  Senate Introduced and read first time SJ-5
   02/16/99  Senate Referred to Committee on Medical Affairs SJ-5
   04/15/99  Senate Committee report: Favorable with amendment
                     Medical Affairs SJ-15
   04/20/99  Senate Amended SJ-28
   04/20/99  Senate Read second time SJ-28
   04/21/99  Senate Read third time and sent to House SJ-21
   04/22/99  House  Introduced and read first time HJ-20
   04/22/99  House  Referred to Committee on Medical, Military,
                     Public and Municipal Affairs HJ-21
   02/10/00  House  Committee report: Favorable with amendment
                     Medical, Military, Public and Municipal Affairs HJ-1
   02/15/00  House  Requests for debate-Rep(s). Scott HJ-38
   02/16/00  House  Amended HJ-19
   02/16/00  House  Read second time HJ-20
   02/16/00  House  Requests for debate removed-Rep(s). Scott HJ-24
   02/17/00  House  Read third time and returned to Senate with
                     amendments HJ-14
   02/23/00  Senate House amendment amended SJ-4
   02/23/00  Senate Returned to House with amendments SJ-4
   02/29/00  House  Concurred in Senate amendment and enrolled HJ-41
   03/23/00         Ratified R 245
   03/29/00         Signed By Governor
   03/29/00         Effective date This act takes effect 90 days
                     after approval by Governor
   04/04/00         Copies available
   05/02/00         Act No. 239

AN ACT TO AMEND SECTION 44-53-950, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF HYPODERMIC NEEDLES AND SYRINGES, SO AS TO EXEMPT CERTIFIED OR LICENSED DURABLE MEDICAL EQUIPMENT PROVIDERS FROM THE REQUIREMENTS OF ARTICLE 7, CHAPTER 53, TITLE 44 WHEN A HYPODERMIC NEEDLE OR SYRINGE IS SOLD TO AN INSULIN DEPENDENT DIABETIC; AND TO AMEND SECTION 38-71-46, RELATING TO THE REQUIREMENT THAT EVERY HEALTH MAINTENANCE ORGANIZATION AND INDIVIDUAL AND GROUP HEALTH INSURANCE POLICY MUST COVER CERTAIN TREATMENT, EQUIPMENT, AND TRAINING FOR PERSONS WITH DIABETES MELLITUS, SO AS TO REVISE THE REQUIRED COVERAGE TO INCLUDE CERTAIN FOOD AND DRUG ADMINISTRATION-APPROVED MEDICATION INDICATED FOR THE TREATMENT OF DIABETES, AND TO PROVIDE THAT THIS PROVISION DOES NOT PROHIBIT A HEALTH MAINTENANCE ORGANIZATION OR A GROUP HEALTH INSURANCE POLICY FROM PROVIDING COVERAGE FOR MEDICATION ACCORDING TO FORMULARY OR USING NETWORK PROVIDERS.

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

Sale of hypodermic needles and syringes

SECTION 1. Section 44-53-950 of the 1976 Code is amended to read:

"Section 44-53-950. The Department of Health and Environmental Control is authorized to audit records of sale of hypodermic needles and devices sold by any provider and is empowered to promulgate rules and regulations necessary for the effective enforcement of this article, which rules and regulations shall have force of law unless overturned by a court of competent jurisdiction.

Provided, nothing in this article shall apply to veterinarians in connection with the practice of their profession or to certified or licensed durable medical equipment providers when selling hypodermic needles and syringes to insulin dependent diabetics."

Health coverage for diabetes mellitus

SECTION 2. Section 38-71-46(A) of the 1976 Code, as added by Act 98 of 1999, is amended to read:

"(A) On or after January 1, 2000, every health maintenance organization, individual and group health insurance policy, or contract issued or renewed in this State must provide coverage for the equipment, supplies, Food and Drug Administration-approved medication indicated for the treatment of diabetes, and outpatient self-management training and education for the treatment of people with diabetes mellitus, if medically necessary and prescribed by a health care professional who is legally authorized to prescribe such items and who demonstrates adherence to minimal standards of care for diabetes mellitus as adopted and published by the Diabetes Initiative of South Carolina. This subsection does not prohibit a health maintenance organization or an individual or a group health insurance policy from providing coverage for medication according to formulary or using network providers."

Time effective

SECTION 3. This act takes effect ninety days after approval by the Governor.

Ratified the 23rd day of March, 2000.

Approved the 29th day of March, 2000.