Current Status Introducing Body:
HouseBill Number: 3539Ratification Number: 242Act Number: 165Primary Sponsor: CorningType of Legislation: GBSubject: Long-term care insuranceDate Bill Passed both Bodies: Jun 06, 1991Computer Document Number: BBM/9193.JMGovernor's Action: SDate of Governor's Action: Jun 12, 1991Introduced Date: Feb 19, 1991Date of Last Amendment: May 08, 1991Last History Body: ------Last History Date: Jun 12, 1991Last History Type: Act No. 165Scope of Legislation: StatewideAll Sponsors: CorningType of Legislation: General Bill
Bill Body Date Action Description CMN ---- ------ ------------ ------------------------------ --- 3539 ------ Jun 12, 1991 Act No. 165 3539 ------ Jun 12, 1991 Signed by Governor 3539 ------ Jun 06, 1991 Ratified R 242 3539 Senate Jun 06, 1991 Read third time, enrolled for ratification 3539 Senate Jun 05, 1991 Read second time, unanimous consent for third reading on Thursday, June 6 3539 Senate Jun 04, 1991 Introduced, read first time, placed on Calendar without reference 3539 House May 30, 1991 Read third time, sent to Senate 3539 House May 28, 1991 Read second time 3539 House May 23, 1991 Debate adjourned until Tuesday, May 28 3539 House May 22, 1991 Debate adjourned until Thursday, May 23 3539 House May 15, 1991 Debate adjourned until Tuesday, May 21 3539 House May 14, 1991 Debate adjourned until Wednesday, May 15 3539 House May 08, 1991 Debate adjourned until Tuesday, May 14 3539 House May 08, 1991 Amended 3539 House Apr 25, 1991 Committee Report: Favorable 26 with amendment 3539 House Feb 19, 1991 Introduced, read first time, 26 referred to CommitteeView additional legislative information at the LPITS web site.
(A165, R242, H3539)
AN ACT TO AMEND ACT 466 OF 1988, RELATING TO THE LONG-TERM CARE INSURANCE ACT, APPROVAL OF REGULATIONS, TERMS, AND CONDITIONS APPLICABLE TO LONG-TERM CARE INSURANCE POLICY AND GROUP POLICY, AND ADVERTISING RESTRICTIONS, SO AS TO REQUIRE ALL INSURERS ISSUING LONG-TERM CARE INSURANCE POLICIES TO OFFER AN OPTIONAL BENEFIT WHICH PROVIDES THAT WHEN AN INSURED MEETS THE REQUIREMENTS UNDER THE POLICY THAT CARE IN A NURSING HOME OR COMMUNITY RESIDENTIAL CARE FACILITY IS NECESSARY, THE INSURED HAS THE OPTION OF RECEIVING NECESSARY CARE IN THE HOME OR COMMUNITY WITH DAILY BENEFITS AT A CERTAIN LEVEL AND TO PERMIT INSURERS ISSUING LONG-TERM CARE INSURANCE POLICIES TO OFFER A HOME HEALTH CARE BENEFIT WHICH PROVIDES BENEFITS WHEN CARE IN THE HOME ONLY IS NECESSARY; TO PROVIDE THAT THE ABOVE PROVISIONS APPLY TO INSURANCE POLICIES ISSUED ON OR AFTER THE EFFECTIVE DATE OF THIS ACT; AND TO PROVIDE THAT THREE YEARS FOLLOWING THE EFFECTIVE DATE OF THIS ACT, AND TWO YEARS THEREAFTER, THE COMMISSION ON AGING, IN COOPERATION WITH THE JOINT LEGISLATIVE COMMITTEE ON AGING AND THE DEPARTMENT OF INSURANCE, SHALL EVALUATE THE EFFECTS OF THIS ACT AND MAKE A REPORT TO THE GENERAL ASSEMBLY.
Be it enacted by the General Assembly of the State of South Carolina:
Long-term care insurance, optional benefit, etc.
SECTION 1. Section 6 of Act 466 of 1988 is amended by adding:
"(I) All insurers issuing long-term care insurance policies must offer, at time of application, an optional benefit which provides that when an insured meets the requirements under the policy that care in a nursing home or community residential care facility is necessary, the insured shall have the option of receiving necessary care in the home or community, with daily benefits at the same level that would have been paid for care in a nursing home or community residential care facility. This optional coverage may be provided by rider to the policy or included as part of the policy.
Notwithstanding the foregoing, insurers issuing long-term care insurance policies may offer a home health care benefit which would provide benefits when care in the home only is necessary. This home health care benefit may provide lesser benefits than that provided by the policy for care in a nursing home or community residential care facility and may be provided either by rider to the policy or included as part of the policy."
Insurance policies affected
SECTION 2. The provisions of subsection (I) of Section 6 of Act 466 of 1988, as added pursuant to Section 1 of this act, apply to insurance policies issued on or after the effective date of this act.
Evaluation and report
SECTION 3. Three years following the effective date of this act, and two years thereafter, the Commission on Aging, in cooperation with the Joint Legislative Committee on Aging and the Department of Insurance, shall evaluate the effects of this act and report those evaluations to the General Assembly.
SECTION 4. This act takes effect January 1, 1992.
Approved the 12th day of June, 1991.