H*3631(Rat #0451, Act #0394)  General Bill, By L.L. Elliott, Askins, Bailey, 
A.W. Byrd, Cato, Davenport, W.S. Houck, M.H. Kinon, McKay, Robinson, C.H. Stone and 
Young-Brickell
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
 38-71-147 so as to prohibit a health insurance policy or a health maintenance
 organization plan from restricting selection of a pharmacist of choice or from
 restricting a pharmacist the right to participate as a provider if terms of
 the policy or plan are met and to provide that provisions of this Act are
 repealed in three years.-amended title

   03/04/93  House  Introduced and read first time HJ-10
   03/04/93  House  Referred to Committee on Labor, Commerce and
                     Industry HJ-11
   05/26/93  House  Committee report: Favorable with amendment Labor,
                     Commerce and Industry HJ-8
   06/01/93  House  Debate adjourned until Wednesday, June 2, 1993 HJ-17
   06/02/93  House  Debate adjourned until January 17, 1994 HJ-23
   01/18/94  House  Debate adjourned until Wednesday, January 19,
                     1994 HJ-11
   01/19/94  House  Debate adjourned until Wednesday, January 26,
                     1994 HJ-36
   01/26/94  House  Objection by Rep. Corning, J Bailey, Wright,
                     Allison, Davenport, J Brown HJ-17
   01/26/94  House  Objection by Rep. Riser, Sharpe, D Smith,
                     Robinson, Trotter HJ-17
   01/27/94  House  Objection withdrawn by Rep. Riser & D. Smith HJ-17
   01/27/94  House  Objection withdrawn by Rep. Allison, Robinson,
                     Trotter & Wright HJ-18
   02/09/94  House  Objection withdrawn by Rep. Davenport HJ-78
   02/09/94  House  Objection by Rep. Koon & Felder HJ-78
   02/09/94  House  Objection withdrawn by Rep. J. Brown HJ-85
   02/09/94  House  Objection by Rep. McMahand HJ-85
   02/23/94  House  Objection withdrawn by Rep. McMahand HJ-34
   02/24/94  House  Objection withdrawn by Rep. Felder & Sharpe HJ-415
   03/29/94  House  Objection by Rep. Anderson, Harrison, Chamblee,
                     Witherspoon, HJ-22
   03/29/94  House  Objection by Rep. Law & Robinson HJ-22
   04/06/94  House  Objection withdrawn by Rep. Chamblee HJ-19
   04/06/94  House  Objection withdrawn by Rep. Anderson HJ-19
   04/06/94  House  Objection withdrawn by Rep. Law & Robinson HJ-19
   04/06/94  House  Objection withdrawn by Rep. Witherspoon HJ-19
   04/07/94  House  Special order, set for after uncontested
                     calendar-Tuesday 4/12/94 (Under H 5040) HJ-15
   04/12/94  House  Amended HJ-354
   04/12/94  House  Read second time HJ-354
   04/12/94  House  Roll call Yeas-115 HJ-355
   04/13/94  House  Read third time and sent to Senate HJ-19
   04/14/94  Senate Introduced and read first time SJ-13
   04/14/94  Senate Referred to Committee on Banking and Insurance SJ-13
   04/28/94  Senate Committee report: Favorable Banking and Insurance SJ-18
   05/03/94  Senate Read second time SJ-27
   05/04/94  Senate Read third time and enrolled SJ-20
   05/12/94         Ratified R 451
   05/18/94         Signed By Governor
   06/08/94         Effective date 05/18/94
   06/08/94         Copies available

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-147 SO AS TO PROHIBIT A HEALTH INSURANCE POLICY OR A HEALTH MAINTENANCE ORGANIZATION PLAN FROM RESTRICTING SELECTION OF A PHARMACIST OF CHOICE OR FROM RESTRICTING A PHARMACIST THE RIGHT TO PARTICIPATE AS A PROVIDER IF TERMS OF THE POLICY OR PLAN ARE MET AND TO PROVIDE THAT PROVISIONS OF THIS ACT ARE REPEALED IN THREE YEARS.

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

Freedom of selection and participation

SECTION 1. The 1976 Code is amended by adding:

"Section 38-71-147. An individual or group accident and health or health insurance policy or a health maintenance organization plan may not:

(1) prohibit or limit a person who is a participant or beneficiary of the policy or plan from selecting a pharmacy or pharmacist of the person's choice who has agreed to participate in the plan according to the terms offered by the insurer; or

(2) deny a pharmacy or pharmacist the right to participate as a contract provider under the policy or plan if the pharmacy or pharmacist agrees to provide pharmacy services including, but not limited to, prescription drugs that meet the terms and requirements set forth by the insurer under the policy or plan and agrees to the terms of reimbursement set forth by the insurer."

Section to be repealed in three years

SECTION 2. Section 38-71-147 of the 1976 Code, as added by Section 1 of this act, is repealed three years from the effective date of this act.

Time effective

SECTION 3. This act takes effect upon approval by the Governor.

Approved the 18th day of May, 1994.