Current Status Introducing Body:House Bill Number:3941 Ratification Number:619 Primary Sponsor:Committee (26) Type of Legislation:GB Subject:Major medical policies, provisions Date Bill Passed both Bodies:Jun 04, 1992 Computer Document Number:CYY/18513.SD Governor's Action:V Date of Governor's Action:Jan 13, 1993 Introduced Date:Apr 23, 1991 Date of Last Amendment:Jun 03, 1992 Last History Body:House Last History Date:Jan 26, 1993 Last History Type:Veto sustained Action on Governor's Veto:S Scope of Legislation:Statewide Sponsor Committee:Labor, Commerce and Industry Sponsor Committee Number:26 Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
---- ------ ------------ ------------------------------ --- ------------
3941 House Jan 26, 1993 Veto sustained
3941 House Jan 14, 1993 Debate adjourned on Governor
Veto until Tuesday, January
26, 1993
3941 ------ Jan 13, 1993 Vetoed by Governor
3941 ------ Jun 04, 1992 Ratified R 619
3941 House Jun 04, 1992 Concurred in Senate
amendment, enrolled for
ratification
3941 Senate Jun 04, 1992 Read third time, returned
with amendment
3941 Senate Jun 03, 1992 Amended, read second time,
ordered to third reading with
notice of general amendments
3941 Senate May 16, 1991 Committee Report: majority 02
favorable, minority
unfavorable
3941 Senate May 09, 1991 Introduced, read first time, 02
referred to Committee
3941 House May 07, 1991 Read third time, sent to
Senate
3941 House May 02, 1991 Read second time
3941 House Apr 23, 1991 Introduced, read first time
View additional legislative information at the LPITS web site.
(Rxxx, H3941)
AN ACT TO AMEND SECTION 38-71-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUBROGATION OF AN INSURER OF AN ACCIDENT AND HEALTH INSURANCE POLICY OR CONTRACT TO THE INSURED'S RIGHTS AGAINST THIRD PARTIES, SO AS TO PROVIDE THAT SELF-INSURERS HAVE THE SAME SUBROGATION RIGHTS.
Be it enacted by the General Assembly of the State of South Carolina:
Self-insurers right for subrogation
SECTION 1. Section 38-71-190 of the 1976 Code is amended to read:
"Section 38-71-190. (A) Any policy or contract of accident and health insurance issued in this State may include provision for subrogation by the insurer to the insured's right of recovery against a liable third party for not more than the amount of insurance benefits that the insurer has paid previously in relation to the insured's injury by the liable third party. If the Commissioner, upon being petitioned by the insured, determines that the exercise of subrogation by an insurer is inequitable and commits an injustice to the insured, subrogation is not allowed. Attorneys' fees and costs must be paid by the insurer from the amounts recovered.
(B) Employers who are wholly or partially self-insured for accident or health coverage, whether or not they have engaged a third party administrator to administer a self-insurance plan, have the same rights and responsibilities as do accident and health insurers under subsection (A)."
Time effective
SECTION 2. This act takes effect upon approval by the Governor.
In the Senate House _________________________________.
_______________________________________
President of the Senate
_______________________________________
Speaker of the House of Representatives
Approved the _______ day of __________________, 1992.
_______________________________________
Governor
Printer's Date -- June 14, 1992 -- S.