Current Status Introducing Body:
HouseBill Number: 3317Ratification Number: 131Act Number: 74Primary Sponsor: BoanType of Legislation: GBSubject: Health insurance poolCompanion Bill Number: 503Date Bill Passed both Bodies: Apr 26, 1991Computer Document Number: BR1/1131.ACGovernor's Action: SDate of Governor's Action: May 27, 1991Introduced Date: Jan 24, 1991Last History Body: ------Last History Date: May 27, 1991Last History Type: Act No. 74Scope of Legislation: StatewideAll Sponsors: Boan McElveenType of Legislation: General Bill
Bill Body Date Action Description CMN ---- ------ ------------ ------------------------------ --- 3317 ------ May 27, 1991 Act No. 74 3317 ------ May 27, 1991 Signed by Governor 3317 ------ May 21, 1991 Ratified R 131 3317 Senate Apr 26, 1991 Read third time, enrolled for ratification 3317 Senate Apr 25, 1991 Unanimous consent for third reading on Friday, April 26 3317 Senate Apr 25, 1991 Read second time 3317 Senate Apr 24, 1991 Committee Report: Favorable 02 3317 Senate Mar 20, 1991 Introduced, read first time, 02 referred to Committee 3317 House Mar 19, 1991 Read third time, sent to Senate 3317 House Mar 07, 1991 Read second time 3317 House Mar 06, 1991 Committee Report: Favorable 26 3317 House Jan 24, 1991 Introduced, read first time, 26 referred to CommitteeView additional legislative information at the LPITS web site.
(A74, R131, H3317)
AN ACT TO AMEND ACT 127 OF 1989, RELATING TO THE SOUTH CAROLINA HEALTH INSURANCE POOL, SO AS TO DESIGNATE A PORTION OF THAT ACT AS SECTION 38-74-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND TO PROVIDE THAT THE WAITING PERIOD WAIVER DOES NOT APPLY TO A PERSON WHOSE POLICY HAS BEEN TERMINATED OR RESCINDED INVOLUNTARILY DUE TO A MATERIAL MISREPRESENTATION AND TO CLARIFY THAT A PERSON IS INELIGIBLE FOR POOL COVERAGE IF OTHER HEALTH INSURANCE UNDER WHICH THEY ARE COVERED OR ELIGIBLE IS COMPARABLE TO THAT OFFERED BY THE POOL.
Be it enacted by the General Assembly of the State of South Carolina:
Designation of Code section
SECTION 1. Section 3 of Act 127 of 1989 is designated as Section 38-74-30 of the 1976 Code.
Waiting period waiver, exclusions
SECTION 2. Section 38-74-30(B) of the 1976 Code is amended to read:
"(B) A person whose health insurance coverage is terminated involuntarily for any reason other than nonpayment of premium may apply for coverage under the plan but shall submit proof of eligibility according to subsection (A) of this section. If proof is supplied and if coverage is applied for within sixty days after the involuntary termination and if premiums are paid for the entire coverage period, the effective date of the coverage is the date of termination of the previous coverage. Waiting period and preexisting condition exclusions are waived to the extent to which similar exclusions, if any,have been satisfied under the prior health insurance coverage. The waiver does not apply to a person whose policy has been terminated or rescinded involuntarily because of a material misrepresentation. The board shall require an additional premium for coverage effected under the plan in this manner notwithstanding the premium limitation stated in Section 38-74-60."
Comparable insurance precludes pool coverage
SECTION 3. Section 38-74-30(D) of the 1976 Code is amended to read:
"(D) A person not eligible for pool coverage is one who meets any one of the following criteria:
(1) a person who has coverage under health insurance comparable to that offered by the pool from an insurer or any other source except a person who would be eligible under subsection (C) of this section;
(2) a person who is eligible for health insurance comparable to that offered by the pool from an insurer or any other source except a person who would be eligible for pool coverage under Section 38-74-30(A)(2) or 38-74-30(A)(3);
(3) a person who at the time of pool application is eligible for health care benefits under state Medicaid or Medicare;
(4) a person having terminated coverage in the pool unless twelve months have lapsed since termination unless termination was because of ineligibility;
(5) a person on whose behalf the pool has paid out two hundred fifty thousand dollars in benefits;
(6) inmates of public institutions and persons eligible for public programs;
(7) a person who fails to maintain South Carolina residency;
(8) a person who has been diagnosed as being infected with acquired immunodeficiency syndrome (AIDS)."
SECTION 4. This act takes effect upon approval by the Governor.
Approved the 27th day of May, 1991.