S 0267  General Bill, By Matthews
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 44-81-80 SO AS TO PROHIBIT THE USE OF ARBITRATION AGREEMENTS BY LONG-TERM CARE
 FACILITIES TO RESOLVE CLAIMS OF RESIDENTS FOR INJURY OR OTHER DAMAGES
 OCCURRING AT THE LONG-TERM CARE FACILITY.

   12/09/20  Senate Prefiled
   12/09/20  Senate Referred to Committee on Medical Affairs
   01/12/21  Senate Introduced and read first time
                     (Senate Journal-page 242)
   01/12/21  Senate Referred to Committee on Medical Affairs
                     (Senate Journal-page 242)

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-81-80 SO AS TO PROHIBIT THE USE OF ARBITRATION AGREEMENTS BY LONG-TERM CARE FACILITIES TO RESOLVE CLAIMS OF RESIDENTS FOR INJURY OR OTHER DAMAGES OCCURRING AT THE LONG-TERM CARE FACILITY.

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

SECTION    1.    Chapter 81, Title 44, of the 1976 Code is amended by adding:

    "Section 44-81-80.    It is prohibited under the laws of this State for a long-term care facility to include in any contract or other agreement signed by or on behalf of a resident or prospective resident a provision requiring the arbitration of any claims for injury or other damages occurring while the person is a resident of or receives care at the long-term care facility. Any such contract, or provision of a contract, requiring arbitration is void ab initio."

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