Current Status Introducing Body:Senate Bill Number:503 Primary Sponsor:Saleeby Committee Number:02 Type of Legislation:GB Subject:Health insurance pool Residing Body:Senate Current Committee:Banking and Insurance Companion Bill Number:3317 Computer Document Number:BR1/1124.AC Introduced Date:Jan 17, 1991 Last History Body:Senate Last History Date:Jan 17, 1991 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Saleeby Land McConnell Mullinax Pope Type of Legislation:General Bill
Bill Body Date Action Description CMN ---- ------ ------------ ------------------------------ --- 503 Senate Jan 17, 1991 Introduced, read first time, 02 referred to CommitteeView additional legislative information at the LPITS web site.
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1976, AND TO PROVIDE THAT THE WAITING PERIOD WAIVER DOES NOT APPLY TO A PERSON WHOSE POLICY HAS BEEN TERMINATED OR RESCINDED INVOLUNTARILY DUE TO A MATERIAL MISREPRESENTATION AND TO CLARIFY THAT A PERSON IS INELIGIBLE FOR POOL COVERAGE IF OTHER HEALTH INSURANCE UNDER WHICH THEY ARE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:
SECTION 1. Section 3 of Act 127 of 1989 is designated as Section 38-74-30 of the 1976 Code.
SECTION 2. Section 38-74-30(B) of the 1976 Code is amended to read:
"(B) Any A person whose health insurance coverage is involuntarily terminated involuntarily for any reasons 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 The waiver does not apply to a person whose policy has been terminated or rescinded involuntarily because of a material misrepresentation.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."
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) any 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) any 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) any a person who is at the time of pool application is eligible for health care benefits under state Medicaid or Medicare;
(4) any a person having terminated coverage in the pool unless twelve months have lapsed since termination unless termination was because of ineligibility;
(5) any a person on whose behalf the pool has paid out two hundred and 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) any 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.