Current Status Introducing Body:Senate Bill Number:1386 Primary Sponsor:Gregory Committee Number:11 Type of Legislation:GB Subject:Workers' compensation insurance policy Residing Body:Senate Current Committee:Judiciary Computer Document Number:BBM/9141JM.94 Introduced Date:19940426 Last History Body:Senate Last History Date:19940426 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Gregory Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
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1386 Senate 19940426 Introduced, read first time, 11
referred to Committee
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-515 SO AS TO PROVIDE THAT INSURERS ISSUING A WORKERS' COMPENSATION INSURANCE POLICY SHALL OFFER, AS A PART OF THE POLICY OR AS AN OPTIONAL ENDORSEMENT TO THE POLICY, DEDUCTIBLES OPTIONAL TO THE POLICYHOLDER FOR BENEFITS PAYABLE UNDER TITLE 42 (WORKERS' COMPENSATION), AND PROVIDE FOR RELATED AND INCIDENTAL MATTERS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 38-73-515. (A) Each insurer issuing a policy of workers' compensation insurance shall offer, as a part of the policy or as an optional endorsement to the policy, deductibles optional to the policyholder for benefits payable under Title 42. Deductible amounts offered must be fully disclosed to the prospective policyholder in writing in the amount of one hundred dollars, two hundred dollars, three hundred dollars, four hundred dollars, five hundred dollars, or increments of five hundred dollars up to a maximum of two thousand five hundred dollars per compensable claim. The policyholder exercising the deductible option shall choose only one deductible amount.
(B) If the policyholder exercises the option and chooses a deductible, the insured employer is liable for the amount of the deductible for benefits paid for each compensable claim of work injury suffered by an employee. The insurer shall pay all or part of the deductible amount, whichever is applicable to a compensable claim, to the person or provider entitled to the benefits conferred by this chapter and then seek reimbursement from the insured employer for the applicable deductible amount. The payment or nonpayment of deductible amounts by the insured employer to the insurer must be treated under the policy insuring the liability for workers' compensation in the same manner as payment or nonpayment of premiums.
(C) Optional deductibles must be offered in each policy insuring liability for workers' compensation which is issued, delivered, issued for delivery, or renewed on or after July 1, 1995, unless an insured employer and insurer agree to renegotiate a workers' compensation insurance policy in effect on July 1, 1995, so as to include a provision allowing for a deductible.
(D) Premium reduction for deductibles must be determined before the application of any experience modification, premium surcharge, or premium discounts. To the extent that an employer's experience rating or safety record is based on benefits paid, money paid by the insured employer under a deductible as provided in this section shall not be included as benefits paid so as to harm the experience rating of such employer.
(E) This section does not apply to employers who are approved to self-insure against liability for workers' compensation or group self-insurance funds for workers' compensation established pursuant to the laws of this State."
SECTION 2. This act takes effect upon approval by the Governor.