H 4236 Session 109 (1991-1992)
H 4236 General Bill, By H.H. Keyserling, K.T. Burch, A.W. Byrd, Cork, Glover,
J.L. Harris, K.G. Kempe, S.G. Manly, Neilson, Meacham, J.S. Shissias,
L.S. Taylor, C.Y. Waites, C.C. Wells, L.S. Whipper, J.M. White, S.S. Wofford and
Young-Brickell
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
38-71-145 so as to require an insurer to include coverage for mammograms and
pap smears in all health and accident or health insurance policies issued
after December 31, 1992, and to provide definitions.
01/22/92 House Introduced and read first time HJ-6
01/22/92 House Referred to Committee on Labor, Commerce and
Industry HJ-6
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976,
BY ADDING SECTION 38-71-145 SO AS TO REQUIRE AN
INSURER TO INCLUDE COVERAGE FOR MAMMOGRAMS AND
PAP SMEARS IN ALL HEALTH AND ACCIDENT OR HEALTH
INSURANCE POLICIES ISSUED AFTER DECEMBER 31, 1992,
AND TO PROVIDE DEFINITIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 38-71-145. (A) As used in this section:
(1) `Mammogram' means a radiological examination of the
breast for purposes of detecting breast cancer when performed as a result
of a physician referral or by a health testing service which utilizes
radiological equipment approved by the Department of Health and
Environmental Control, which examination may be made with the
following minimum frequency:
(a) once as a base-line mammogram for a female who is at
least thirty-five but less than forty years of age;
(b) once every two years for a female who is at least forty
but less than fifty years of age;
(c) once every year for a female who is at least fifty years of
age; and
(d) when recommended by a physician for a female,
without regard to age, where needed for diagnostic purposes or when
she, her mother, or her sister has had a prior history of breast cancer.
(2) `Pap smear' or `Papanicolaou smear' means an examination
of the tissues of the cervix of the uterus for the purpose of detecting
cancer when performed upon the recommendation of a physician, which
examination may be made once a year or more often if recommended by
a physician.
(3) `Policy' means any benefit plan, contract, or policy except
a disability income policy, specified disease policy, or hospital
indemnity policy.
(B) An insurer authorized to issue an individual or group accident
and health or health insurance policy in this State shall include coverage
for mammograms and Pap smears in the policy.
(C) The coverage required to be offered under subsection (B) may
not contain any exclusions, reductions, or other limitations as to
coverages, deductibles, or coinsurance provisions which apply to that
coverage unless these provisions apply generally to other similar
benefits provided or paid for under the accident and health or health
insurance policy.
(D) Nothing in this section may be construed to prohibit the
issuance of an accident and health or health insurance policy which
provides benefits greater than those required to be offered by
subsections (B) and (C) or more favorable to the insured than those
required to be offered by subsections (B) and (C).
(E) This section applies to individual and group accident and
health and health insurance policies issued by a fraternal benefit society,
a nonprofit hospital service corporation, a nonprofit medical service
corporation, a health care plan, a health maintenance organization, or
any similar entity."
SECTION 2. Section 38-71-145 of the 1976 Code, added in Section
1 of this act, applies to accident and health and health insurance policies
issued after December 31, 1992.
SECTION 3. This act takes effect upon approval by the Governor.
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