S*1358 Session 110 (1993-1994)
S*1358(Rat #0556, Act #0481) General Bill, By Leatherman, Glover, Martin,
Matthews, McGill, Peeler and J.V. Smith
Similar(H 5095)
A Bill to amend Subarticle 6, Article 9, Chapter 7, Title 20, Code of Laws of
South Carolina, 1976, relating to income withholding for child support by
adding Sections 20-7-1200, 20-7-1210, 20-7-1220, 20-7-1230, 20-7-1240,
20-7-1250, 20-7-1260, 20-7-1270, and 20-7-1280, so as to provide procedures
for medical child support and income withholding, including provisions
required in a court order if a parent is required to provide health coverage;
employers' and health insurers' obligations upon receipt of an order requiring
a parent to provide health coverage, including the withholding of wages for
the cost of health insurance premiums; authority for the state medicaid agency
to seek income withholding for reimbursement for expenditures on behalf of a
child; the priority of medical income withholding over other legal processes;
prohibiting an employer from taking action against an employee because of an
income withholding order for health coverage and to provide penalties; by
adding Section 38-71-143 so as to provide circumstances under which health
insurance coverage must be provided for an adopted child or a child placed for
adoption; by adding Section 38-71-245 so as to provide circumstances under
which a health insurer is prohibited from denying a child enrollment in a
health plan; by adding Section 38-71-250 so as to require a health insurer to
enroll a child and provide coverage if the child's parent is ordered to
provide coverage and is eligible for family coverage; by adding Section
38-71-255 so as to prohibit a health insurer from treating the state medicaid
agency differently from other individuals if the agency has been assigned the
rights of a person covered under the insured's plan; by adding Section
38-71-260 so as to require a health insurer to provide certain information and
rights to a noncustodial parent who provides coverage of their child through
that insurer; by adding Section 38-71-265 so as to prohibit an insurer from
considering a person's eligibility for medicaid when enrolling a person or
making payments under its plan and to assign the rights to the State for third
party reimbursement when the State has made payments under medicaid on behalf
of a person; and by adding Section 43-7-460 so as to direct the Health and
Human Services Finance Commission to seek recovery from the estate of a person
for whom medical assistance was paid for under medicaid and to provide certain
conditions and procedures for seeking the recovery; to amend Section 43-7-410,
relating to definitions pertaining to reimbursement for medicaid services, so
as to revise the definition of "private insurer"; to amend Section 43-7-440,
relating to the enforcement and assignment of rights of medicaid recipients,
so as to prohibit an issuer from taking into account that an applicant is
eligible for medicaid and to provide that the State acquires the rights of an
individual for medical payments when the person received medical assistance
paid for under medicaid; to amend Section 62-3-805, relating to classification
of creditors' claims from a decedent's estate, so as to include medical
assistance paid for under medicaid; to designate Sections 20-7-1315 through
20-7-1329 as Part II, Subarticle 6, Article 9, Chapter 7, Title 20 entitled
"Income Withholding to Enforce Support Obligations"; and to rename Subarticle
6, Article 9, Chapter 7, Title 20 "Income Withholding"; to add Section 44-7-77
so as to require the Department of Health and Environmental Control and the
Department of Social Services to develop a program promoting obtaining
in-hospital paternity acknowledgements; and to amend Section 20-7-956,
relating to evidence admissible in a paternity hearing, so as to provide that
a voluntary acknowledgement of paternity creates a conclusive presumption of
paternity.-amended title
04/14/94 Senate Introduced and read first time SJ-9
04/14/94 Senate Referred to Committee on Banking and Insurance SJ-9
04/26/94 Senate Recalled from Committee on Banking and Insurance SJ-7
04/26/94 Senate Read second time SJ-7
04/26/94 Senate Unanimous consent for third reading on next
legislative day SJ-7
04/27/94 Senate Read third time and sent to House SJ-41
04/27/94 Senate Reconsidered SJ-43
04/27/94 Senate Ordered to third reading with notice of
amendments SJ-43
04/28/94 Senate Amended SJ-39
04/28/94 Senate Read third time and sent to House SJ-47
05/03/94 House Introduced and read first time HJ-13
05/03/94 House Referred to Committee on Ways and Means HJ-15
05/18/94 House Recalled from Committee on Ways and Means HJ-37
05/26/94 House Debate adjourned until Tuesday, May 31, 1994 HJ-80
06/01/94 House Amended HJ-98
06/01/94 House Read second time HJ-101
06/01/94 House Unanimous consent for third reading on next
legislative day HJ-101
06/02/94 House Read third time and returned to Senate with
amendments HJ-19
06/02/94 Senate Concurred in House amendment and enrolled SJ-34
06/02/94 Ratified R 556
07/14/94 Signed By Governor
07/14/94 Effective date 07/14/94
07/26/94 Copies available
(A481, R556, S1358)
AN ACT TO AMEND SUBARTICLE 6, ARTICLE 9, CHAPTER 7,
TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING
TO INCOME WITHHOLDING FOR CHILD SUPPORT BY ADDING
SECTIONS 20-7-1200, 20-7-1210, 20-7-1220, 20-7-1230, 20-7-1240,
20-7-1250, 20-7-1260, 20-7-1270, AND 20-7-1280, SO AS TO PROVIDE
PROCEDURES FOR MEDICAL CHILD SUPPORT AND INCOME
WITHHOLDING, INCLUDING PROVISIONS REQUIRED IN A
COURT ORDER IF A PARENT IS REQUIRED TO PROVIDE HEALTH
COVERAGE; EMPLOYERS' AND HEALTH INSURERS'
OBLIGATIONS UPON RECEIPT OF AN ORDER REQUIRING A
PARENT TO PROVIDE HEALTH COVERAGE, INCLUDING THE
WITHHOLDING OF WAGES FOR THE COST OF HEALTH
INSURANCE PREMIUMS; AUTHORITY FOR THE STATE
MEDICAID AGENCY TO SEEK INCOME WITHHOLDING FOR
REIMBURSEMENT FOR EXPENDITURES ON BEHALF OF A CHILD;
THE PRIORITY OF MEDICAL INCOME WITHHOLDING OVER
OTHER LEGAL PROCESSES; PROHIBITING AN EMPLOYER FROM
TAKING ACTION AGAINST AN EMPLOYEE BECAUSE OF AN
INCOME WITHHOLDING ORDER FOR HEALTH COVERAGE AND
TO PROVIDE PENALTIES; BY ADDING SECTION 38-71-143 SO AS
TO PROVIDE CIRCUMSTANCES UNDER WHICH HEALTH
INSURANCE COVERAGE MUST BE PROVIDED FOR AN ADOPTED
CHILD OR A CHILD PLACED FOR ADOPTION; BY ADDING
SECTION 38-71-245 SO AS TO PROVIDE CIRCUMSTANCES UNDER
WHICH A HEALTH INSURER IS PROHIBITED FROM DENYING A
CHILD ENROLLMENT IN A PARENT'S HEALTH PLAN; BY ADDING
SECTION 38-71-250 SO AS TO REQUIRE A HEALTH INSURER TO
ENROLL A CHILD AND PROVIDE COVERAGE IF THE CHILD'S
PARENT IS ORDERED TO PROVIDE COVERAGE AND IS ELIGIBLE
FOR FAMILY COVERAGE; BY ADDING SECTION 38-71-255 SO AS
TO PROHIBIT A HEALTH INSURER FROM TREATING THE STATE
MEDICAID AGENCY DIFFERENTLY FROM OTHER INDIVIDUALS
IF THE AGENCY HAS BEEN ASSIGNED THE RIGHTS OF A PERSON
COVERED UNDER THE INSURED'S PLAN; BY ADDING SECTION
38-71-260 SO AS TO REQUIRE A HEALTH INSURER TO PROVIDE
CERTAIN INFORMATION AND RIGHTS TO A NONCUSTODIAL
PARENT WHO PROVIDES COVERAGE OF THEIR CHILD THROUGH
THAT INSURER; BY ADDING SECTION 38-71-265 SO AS TO
PROHIBIT AN INSURER FROM CONSIDERING A PERSON'S
ELIGIBILITY FOR MEDICAID WHEN ENROLLING A PERSON OR
MAKING PAYMENTS UNDER ITS PLAN AND TO ASSIGN THE
RIGHTS TO THE STATE FOR THIRD PARTY REIMBURSEMENT
WHEN THE STATE HAS MADE PAYMENTS UNDER MEDICAID ON
BEHALF OF A PERSON; AND BY ADDING SECTION 43-7-460 SO AS
TO DIRECT THE HEALTH AND HUMAN SERVICES FINANCE
COMMISSION TO SEEK RECOVERY FROM THE ESTATE OF A
PERSON FOR WHOM MEDICAL ASSISTANCE WAS PAID FOR
UNDER MEDICAID AND TO PROVIDE CERTAIN CONDITIONS
AND PROCEDURES FOR SEEKING THE RECOVERY; TO AMEND
SECTION 43-7-410, RELATING TO DEFINITIONS PERTAINING TO
REIMBURSEMENT FOR MEDICAID SERVICES, SO AS TO REVISE
THE DEFINITION OF "PRIVATE INSURER"; TO AMEND
SECTION 43-7-440, RELATING TO THE ENFORCEMENT AND
ASSIGNMENT OF RIGHTS OF THE HEALTH AND HUMAN
SERVICES FINANCE COMMISSION AND INSURANCE CONTRACT
RIGHTS OF MEDICAID RECIPIENTS, SO AS TO PROHIBIT AN
ISSUER FROM TAKING INTO ACCOUNT THAT AN APPLICANT IS
ELIGIBLE FOR MEDICAID AND TO PROVIDE THAT THE STATE
ACQUIRES THE RIGHTS OF AN INDIVIDUAL FOR MEDICAL
PAYMENTS WHEN THE PERSON RECEIVED MEDICAL
ASSISTANCE PAID FOR UNDER MEDICAID; TO AMEND SECTION
62-3-805, RELATING TO CLASSIFICATION OF CREDITORS'
CLAIMS FROM A DECEDENT'S ESTATE, SO AS TO INCLUDE
MEDICAL ASSISTANCE PAID FOR UNDER MEDICAID; TO
CHANGE REFERENCES TO CONFORM TO ACT 181 OF 1993,
RESTRUCTURING OF STATE GOVERNMENT; TO DESIGNATE
SECTIONS 20-7-1315 THROUGH 20-7-1329 AS PART II,
SUBARTICLE 6, ARTICLE 9, CHAPTER 7, TITLE 20 ENTITLED
"INCOME WITHHOLDING TO ENFORCE SUPPORT
OBLIGATIONS"; TO RENAME SUBARTICLE 6, ARTICLE 9,
CHAPTER 7, TITLE 20 "INCOME WITHHOLDING"; TO
ADD SECTION 44-7-77 SO AS TO REQUIRE THE DEPARTMENT OF
HEALTH AND ENVIRONMENTAL CONTROL AND THE
DEPARTMENT OF SOCIAL SERVICES TO DEVELOP A PROGRAM
PROMOTING OBTAINING IN-HOSPITAL PATERNITY
ACKNOWLEDGEMENTS; AND TO AMEND SECTION 20-7-956,
RELATING TO EVIDENCE ADMISSIBLE IN A PATERNITY
HEARING, SO AS TO PROVIDE THAT A VOLUNTARY
ACKNOWLEDGEMENT OF PATERNITY CREATES A CONCLUSIVE
PRESUMPTION OF PATERNITY.
Be it enacted by the General Assembly of the State of South Carolina:
Income withholding for payment of medical expenses for
children
SECTION 1. Subarticle 6, Article 9, Chapter 7, Title 20 of the 1976 Code
is amended by adding:
"Part I
Medical Child Support and Income Withholding
Section 20-7-1200. To be enforced pursuant to this part of Subarticle 6,
a court order which requires a parent to provide health coverage for a child
must:
(1) clearly specify:
(a) the name, social security number, and last known mailing address,
if any, of the parent and the name, social security number, date of birth, and
mailing address of each child covered by the order;
(b) a reasonable description of the type of coverage to be provided by
the plan to each child or the manner in which the type of coverage is to be
determined;
(c) the period to which the order applies;
(d) each plan to which the order applies; and
(2) not require a plan to provide a type or form of benefit or an option,
not otherwise provided under the plan, except to the extent necessary to
meet the requirements of this part of Subarticle 6.
Section 20-7-1210. If a court order requiring a parent to provide health
coverage to a child is received by an employer or a health insurer, including
a group health plan as defined in Section 607(1) of the Employee
Retirement Income Security Act of 1974 or health maintenance
organization as defined in Section 38-33-20:
(1) the employer or health insurer promptly shall notify the parent and
each child of the receipt of the order and the employer's or insurer's
procedures for determining whether the order is covered by this part of
Subarticle 6;
(2) within a reasonable period after receipt of the order, the employer or
insurer shall determine whether the order is covered by this part of
Subarticle 6 and notify the parent and each child of the determination;
(3) shall establish reasonable procedures to determine whether the order
is covered by this part of Subarticle 6 and to administer the provision of
benefits under qualified orders. The procedures must:
(a) be in writing;
(b) provide for the notification of each person specified in the order as
eligible to receive benefits, at the address included in the order, of these
procedures promptly upon receipt by the employer or insurer of the order;
and
(c) permit the court or the child's legal guardian to designate a
representative for receipt of copies of notices that are sent with respect to a
medical child support order.
Section 20-7-1220. (A) If a parent is required by a court order to
provide health coverage for a child and the parent is eligible for family
health coverage through an employer in this State, notice and a copy of the
order must be sent to the employer. The notice and copy of the order may
be sent by first class mail. The notice must explain all of the employer's
legal obligations under this part of Subarticle 6. Upon receipt of notice and
the order, the employer shall:
(1) permit the parent to enroll, under the family coverage, a child who
is otherwise eligible for the coverage without regard to any enrollment
season restrictions;
(2) if the parent is enrolled but fails to make application to obtain
coverage for the child, enroll the child under family coverage upon
application of:
(a) the child's other parent;
(b) the state agency administering the Medicaid program; or
(c) the state agency administering 42 U.S.C. Sections 651 to 669, the
child support enforcement program; and
(3) continue coverage of the child unless the employer:
(a) is provided satisfactory written evidence that the court order is
no longer in effect or that the child is or will be enrolled in comparable
health coverage through another insurer which will take effect not later
than the effective date of disenrollment; or
(b) has eliminated family health coverage for all of its
employees.
(B) An employer who has received a copy of a court order pursuant to
this section is bound by the order until further notice by the court. The
employer shall notify the court within twenty days after the parent named in
the order is no longer employed and shall provide the parent's last known
address and the name and address of the parent's new employer, if
known.
Section 20-7-1230. If a court order requires a parent to provide and
maintain health coverage for a child and the parent is eligible for family
health coverage through an employer, the order shall include a provision
directing the employer to withhold from money, income, or periodic
earnings due the parent an amount which is sufficient to provide for
premiums for the health coverage offered through the employer unless:
(1) the court finds that under regulations promulgated by the Secretary
of the Department of Health and Human Services, circumstances exist
warranting withholding less than the employee's share of the premiums; or (2) the amount withheld exceeds the maximum amount permitted to be
withheld under the federal Consumer Credit Protection Act.
Income withholding takes effect immediately upon completion of
enrollment requirements.
Section 20-7-1240. To the extent necessary to reimburse the state
agency administering the Medicaid program for expenditures on behalf of a
child, the agency may petition the court seeking withholding of
employment income or state tax refunds from a person who:
(1) is required by a court order to provide and maintain health coverage
for a child who is eligible for medical assistance under a State Plan for
Medical Assistance pursuant to Title XIX of the Social Security Act;
(2) has received payment from a third party for the costs of health care
items or services; and
(3) has not used the payment to reimburse, as appropriate, either the
other parent or guardian of the child or the provider of the items or
services.
Claims for current or past due child support take priority over claims
filed pursuant to this section.
Section 20-7-1250. (A) A court order which requires income
withholding pursuant to this part of Subarticle 6 has priority over all other
legal processes under state law against money, income, or periodic earnings
of the noncustodial parent except an order of income withholding for child
support.
(B) A person under a court order to provide and maintain health care
coverage as of July 1, 1994, is subject to the income withholding for health
coverage provisions of this part of Subarticle 6. The only ground to contest
an order of income withholding for health coverage is a mistake of fact. If
the person contests the withholding because of a mistake of fact, the court
shall provide the person an opportunity to present his or her case. The court
shall determine whether to order withholding and shall notify the person of
the determination and, if appropriate, the time period in which withholding
will commence.
Section 20-7-1260. Within thirty days after receipt of an order requiring
the obligated parent to provide health care coverage for a child, the parent
or employer must provide the child's other parent written proof that the
insurance has been obtained or that an application for insurance has been
made. Proof of insurance coverage consists of, at a minimum:
(1) the name of the insurer;
(2) the policy number;
(3) an insurance card;
(4) the address to which claims must be mailed;
(5) a description of any restriction on usage including, but not limited
to, prior approval for hospital admission and the manner in which to obtain
prior approval;
(6) description of all deductibles;
(7) five copies of claim forms.
Section 20-7-1270. An employer is prohibited from discharging,
refusing to employ, or taking other disciplinary action against a person
because of an income withholding order for health coverage. The person
has the burden of proving that income withholding for health coverage was
the sole reason for the employer's action.
Section 20-7-1280. An employer or insurer who violates any provision
of this part of Subarticle 6 is subject to the contempt power of the court
issuing the order and may be fined up to fifty dollars per day."
Health insurance for children placed for adoption
SECTION 2. The 1976 Code is amended by adding:
"Section 38-71-143. (A) If an individual or group health plan
provides coverage for dependent children of participants or beneficiaries,
the plan shall provide benefits to dependent children placed with
participants or beneficiaries for adoption under the same terms and
conditions as apply to the natural, dependent children of the participants
and beneficiaries, irrespective of whether the adoption has become
final.
(B) A group health plan may not restrict coverage under the plan of a
dependent child adopted by a participant or beneficiary or placed with a
participant or beneficiary for adoption solely on the basis of a preexisting
condition of the child at the time that the child would otherwise become
eligible for coverage under the plan, if the adoption or placement for
adoption occurs while the participant or beneficiary is eligible for coverage
under the plan.
(C) For the purposes of this section:
(1) `child' means, in connection with an adoption or placement for
adoption of the child, an individual who has not attained age eighteen as of
the date of the adoption or placement for adoption;
(2) `placement for adoption' means the assumption and retention by a
person of a legal obligation for total or partial support of a child in
anticipation of the adoption of the child. The child's placement with a
person terminates upon the termination of the legal obligations."
Insurers' obligations to provide coverage to children under parent's
policy
SECTION 3. The 1976 Code is amended by adding:
"Section 38-71-245. No health insurer, including a group health
plan, as defined in Section 607(1) of the Employee Retirement Income
Security Act of 1974 or health maintenance organization as defined in
Section 38-33-20, may deny enrollment of a child under the health plan of
the child's parent on the grounds that the child:
(1) was born out of wedlock;
(2) is not claimed as a dependent on the parent's federal tax return;
or
(3) does not reside with the parent or in the insurer's service area.
Section 38-71-250. If, pursuant to a court order which meets the
specifications of Section 20-7-1200, a parent is required to provide health
coverage for a child and the parent is eligible for family health coverage
through a health insurer, including a group health plan as defined in Section
607(1) of the Employee Retirement Income Security Act of 1974 or health
maintenance organization as defined in Section 38-33-20, the insurer
shall:
(1) permit the parent to enroll, under the family coverage, a child who
is otherwise eligible for the coverage without regard to any enrollment
season restrictions;
(2) if the parent is enrolled but fails to make application to obtain
coverage for the child, enroll the child under family coverage upon
application of:
(a) the child's other parent;
(b) the state agency administering the Medicaid program; or (c) the state agency administering 42 U.S.C. Sections 651 to 669, the
child support enforcement program; and
(3) continue coverage of the child unless the insurer is provided
satisfactory written evidence that the:
(a) court order is no longer in effect;
(b) child is or will be enrolled in comparable health coverage through
another insurer which will take effect not later than the effective date of
disenrollment; or
(c) employer has eliminated family health coverage for all of its
employees.
Section 38-71-255. A health insurer, including a group health plan as
defined in Section 607(1) of the Employee Retirement Income Security Act
of 1974 or health maintenance organization as defined in Section 38-33-20,
may not impose requirements on a state agency, which has been assigned
the rights of an individual eligible for medical assistance under Medicaid
who is also covered under a plan issued by the health insurer, that are
different from requirements applicable to an agent or assignee of any other
individual so covered.
Section 38-71-260. If a child has health coverage through the health
insurer including a group health plan, as defined in Section 607(1) of the
Employee Retirement Income Security Act of 1974 or health maintenance
organization as defined in Section 38-33-20, of a noncustodial parent, the
insurer shall:
(1) provide information to the custodial parent as may be necessary for
the child to obtain benefits through that coverage;
(2) permit the custodial parent or the health care provider, with the
custodial parent's approval, to submit claims for covered services without
the approval of the noncustodial parent; and
(3) make payments on claims submitted in accordance with item (2)
directly to the custodial parent, the provider, or the state Medicaid
agency.
Section 38-71-265. (A) In enrolling a person or in making any
payments for benefits to a person or on behalf of a person, no health
insurer, including a group health plan as defined in Section 607(1) of the
Employee Retirement Income Security Act of 1974 or health maintenance
organization as defined in Section 38-33-20, may take into account that the
person is eligible for or is provided medical assistance under a State Plan
for Medical Assistance pursuant to Title XIX of the Social Security Act.
(B) In a case where a health insurer, including a group health plan as
defined in Section 607(1) of the Employee Retirement Income Security Act
of 1974 or health maintenance organization as defined in Section 38-33-20,
has a legal liability to make payments for medical assistance to or on behalf
of a person, to the extent that payment has been made under a State Plan for
Medical Assistance pursuant to Title XIX of the Social Security Act for
health care items or services furnished to the person, the State is considered
to have acquired the rights of the person to the payment for the health care
items or services."
Commission to seek medicaid reimbursement from estate
SECTION 4. The 1976 Code is amended by adding:
"Section 43-7-460. (A) The State Health and Human Services
Finance Commission shall seek recovery of medical assistance paid under
the Title XIX State Plan for Medical Assistance from the estate of an
individual who:
(1) at the time of death was an inpatient in a nursing facility,
intermediate care facility for the mentally retarded, or other medical
institution if the individual is required, as a condition of receiving services
in the facility under the state plan, to spend for costs of medical care all but
a minimal amount of the person's income required for personal needs;
or
(2) was fifty-five years of age or older when the individual received
medical assistance consisting of any item or service provided under the
state plan.
(B) Recovery under this section may be made only after the death of the
decedent's surviving spouse, if any, and only at a time when the decedent
has no surviving child under age twenty-one or no child who is blind or
permanently and totally disabled as defined in Title XVI of the Social
Security Act.
(C) This section may be waived by the commission upon proof of undue
hardship as established by the Secretary of Health and Human Services
pursuant to 42 U.S.C. 1396p(b)(3).
(D) Recovery of medical assistance payments under this section applies
to medical assistance paid after June 30, 1994. (E) Claims against an estate under this section have priority as
established in Section 62-3-805(a)(2)(ii).
(F) For purposes of this section:
(1) `estate' means all real and personal property and other assets
included within the individual's estate as defined in Section
62-1-201(11);
(2) the `state plan' means Title XIX State Plan for Medical Assistance
in effect at the decedent's death."
Definition revised
SECTION 5. Section 43-7-410(F) of the 1976 Code is amended to
read:
"(F) `Private insurer' means:
(1) a commercial insurance company offering health or casualty
insurance to individuals or groups, including experienced-rated contracts
and indemnity contracts;
(2) a profit or nonprofit prepaid plan offering either medical services
or full or partial payment for the diagnosis or treatment of an injury,
disease, or disability;
(3) an organization administering health or casualty insurance plans
for professional associations, unions, fraternal groups, employer-employee
benefit plans, and any similar organization offering these plans or services,
including self-insured and self-funded plans; or
(4) a group health plan, as defined in Section 607(1) of the Employee
Retirement Income Security Act of 1974, a service benefit plan, or a health
maintenance organization."
Medicaid eligibility may not be considered
SECTION 6. Section 43-7-440(C) of the 1976 Code is amended by adding
at the end:
"In enrolling a person or in making payments for benefits to a
person or on behalf of a person, no private insurer may take into account
that the person is eligible for or is provided medical assistance under a
State Plan for Medical Assistance pursuant to Title XIX of the Social
Security Act."
Commission acquires individual's right to payment
SECTION 7. Section 43-7-440(D) of the 1976 Code is amended by adding
at the end:
"In a case where a third party has a legal liability to make
payments for medical assistance to or on behalf of a person, to the extent
that payment has been made under a State Plan for Medical Assistance
pursuant to Title XIX of the Social Security Act for health care items or
services furnished to the person, the State is considered to have acquired
the rights of the person to payment by any other party for the health care
items or services."
Priority of creditor's claims
SECTION 8. Section 62-3-805(a) of the 1976 Code is amended to
read:
"(a) If the applicable assets of the estate are insufficient to pay all
claims in full, the personal representative shall make payment in the
following order:
(1) costs and expenses of administration, including attorney's fees, and
reasonable funeral expenses;
(2) (i) reasonable and necessary medical and hospital expenses of the
last illness of the decedent, including compensation of persons attending
the decedent;
(ii) medical assistance paid under Title XIX State Plan for Medical
Assistance as provided for in Section 43-7-460;
(3) debts and taxes with preference under federal law;
(4) debts and taxes with preference under other laws of this State, in
the order of their priority;
(5) all other claims."
References to conform to restructuring
SECTION 9. As of July 1, 1995, references to the Health and Human
Services Finance Commission as contained in this act mean the State
Department of Health and Human Services and the Code Commissioner is
directed to change these references in the 1976 Code subject to the
availability of funds.
Sections designated Part II; subarticle renamed
SECTION 10. Sections 20-7-1315 through 20-7-1329 are designated as
Part II, Subarticle 6, Article 9, Chapter 7, Title 20, entitled "Income
Withholding to Enforce Support Obligations" and Subarticle 6,
Article 9, Chapter 7, Title 20 is renamed "Income
Withholding".
In-hospital paternity acknowledgement program
SECTION 11. The 1976 Code is amended by adding:
"Section 44-7-77. The Department of Health and Environmental
Control, and the Department of Social Services, in conjunction with the
South Carolina Hospital Association, shall develop and implement a
program to promote obtaining the voluntary acknowledgments of paternity
before a newborn is released from the hospital."
Conclusive presumption of paternity created
SECTION 12. Section 20-7-956(6) of the 1976 Code is amended to
read:
"(6) A verified voluntary acknowledgment of paternity which
creates a rebuttable presumption of the putative father's paternity.
(7) Any other relevant and competent evidence deemed admissible in
the discretion of the court."
Time effective
SECTION 13. This act takes effect upon approval by the Governor.
Approved the 14th day of July, 1994. |