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Bill Number: 3903 Ratification Number: 725 Act Number 620 Introducing Body: House Subject: Facility recoupment charge displayed
(A620, R725, H3903)
AN ACT TO AMEND SECTION 38-77-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MINIMUM MEDICAL, HOSPITAL, AND DISABILITY BENEFITS REQUIRED IN AUTOMOBILE LIABILITY INSURANCE POLICIES, AND THE SUBROGATION AND ASSIGNMENT OF BENEFITS, SO AS TO PERMIT ASSIGNMENT OF BENEFITS TO FUNERAL HOMES AND TO MAKE CERTAIN REFERENCE CORRECTIONS IN THE SECTION; AND BY ADDING SECTION 38-77-605 SO AS TO PROVIDE THAT EVERY PREMIUM NOTICE OR BILL FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE MUST DISPLAY PROMINENTLY IN BOLD TYPE THE FACILITY RECOUPMENT CHARGE, BY COVERAGE, AND THE TOTAL FACILITY RECOUPMENT CHARGE FOR THAT POLICY OR BINDER.
Be it enacted by the General Assembly of the State of South Carolina:
Facility recoupment charge displayed
SECTION 1. The 1976 Code is amended by adding:
"Section 38-77-605. Every premium notice or bill for private passenger automobile insurance must display prominently in bold type the facility recoupment charge, by coverage, and the total facility recoupment charge for that policy or binder."
Assignments to funeral homes
SECTION 2. Section 38-77-240 of the 1976 Code is amended to read:
"Section 38-77-240. Except as otherwise provided in this article, no policy or contract, hereinafter referred to as a policy, of liability insurance or other security as provided for in Section 56-10-30 may be issued, delivered, sold, or renewed in this State unless such policy at the option of the insured also affords either the minimum medical, hospital, disability, and loss of income benefits or the minimum medical and hospital benefits, excluding disability and loss of income benefits, set forth herein. The insured's option shall include that of rejecting either or both of the foregoing described benefit coverages. The benefits or their equivalent shall cover the named insured and members of his family residing in his household, except such persons as may be specifically excluded in accordance with law, injured in any motor vehicle accident, including an accident involving an uninsured motor vehicle or a motor vehicle whose identity cannot be ascertained, other persons injured while occupying the insured motor vehicle as a guest or passenger or while using it with the express or implied permission of the named insured, except such persons as may be specifically excluded in accordance with law, and pedestrians injured in an accident in which the insured motor vehicle is involved. The minimum medical, hospital, and disability benefits if the insured exercises the option to receive such benefits shall include up to an amount of one thousand dollars per person for payment of all reasonable expenses arising from the accident and sustained within three years from the date thereof for necessary medical, surgical, chiropractic, X-ray, and dental services, including prosthetic devices, and necessary ambulance, hospital, professional nursing, and funeral services; and in the case of an income producer who exercises the option to receive such benefit payment of benefits for loss of income as the result of the accident; and where the person injured in the accident was not an income or wage producer at the time of the accident, payments of benefits must be made in reimbursement of necessary and reasonable expenses incurred for essential services ordinarily performed by the injured
person for care and maintenance of the family or family household. The insurer providing loss of income benefits may require, as a condition of receiving such benefits, that the injured person furnish the insurer reasonable medical proof of his injury causing loss of income. No benefit payable pursuant to this section is subject to subrogation or assignment except that assignments may be made to hospitals, physicians, other medical providers, and funeral homes; provided, however, that no medical provider may require assignment as a condition of treatment."
SECTION 3. This act takes effect July 1, 1988.