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Current Status Bill Number:View additional legislative information at the LPITS web site.3341 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19990126 Primary Sponsor:Cato All Sponsors:Cato, Mason Drafted Document Number:l:\council\bills\gjk\20188sd99.doc Companion Bill Number:399 Residing Body:House Current Committee:Labor, Commerce and Industry Committee 26 HLCI Date of Last Amendment:20000523 Subject:Motor vehicle insurance rate increases, public hearing and notice requirements; auto insurance delivery system History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 20000525 Committed to Committee 26 HLCI Senate 20000524 Read third time, returned to House with amendment ------ 20000524 Scrivener's error corrected Senate 20000523 Amended, read second time, notice of general amendments Senate 20000518 Recalled from Committee, 02 SBI placed on the second reading Calendar, pursuant to rule 26D Senate 19990304 Committed to Committee 02 SBI Senate 19990304 Reconsidered vote whereby read third time Senate 19990304 Recalled from Legislative Council Senate 19990216 Read third time, enrolled for ratification Senate 19990204 Read second time Senate 19990203 Introduced, read first time, placed on Calendar without reference House 19990202 Read third time, sent to Senate House 19990128 Read second time House 19990127 Recalled from Committee 26 HLCI House 19990126 Introduced, read first time, 26 HLCI referred to Committee Versions of This Bill Revised on January 27, 1999 - Word format Revised on February 3, 1999 - Word format Revised on May 18, 2000 - Word format Revised on May 23, 2000 - Word format Revised on May 24, 2000 - Word format
Indicates Matter Stricken
Indicates New Matter
AMENDED
May 23, 2000
H. 3341
S. Printed 5/23/00--S. [SEC 5/24/00 3:37 PM]
Read the first time February 3, 1999.
TO AMEND SECTION 38-33-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUBROGATION RIGHTS OF HEALTH MAINTENANCE ORGANIZATIONS, SO AS TO SPECIFY THE SUBROGATION RIGHTS AND PROCEDURES THAT MUST BE FOLLOWED BY THESE ORGANIZATIONS.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 38-33-50 of the 1976 Code is amended by adding:
"(C) Any contract issued by a health maintenance organization in this State on or after January 1, 1988, may include provision for subrogation by the health maintenance organization to the enrollee's right of recovery against a liable third party for not more than the amount of insurance benefits that the health maintenance organization has paid previously in relation to the enrollee's injury by the liable third party. If the director or his designee, upon being petitioned by the enrollee, determines that the exercise of subrogation by a health maintenance organization is inequitable and commits an injustice to the enrollee, subrogation is not allowed. Attorney's fees and costs must be paid by the health maintenance organization from the amounts recovered. This determination by the director or his designee may be appealed to the Administrative Law Judge Division as provided by law in accordance with Section 38-3-210."
SECTION 2. This act takes effect upon approval by the Governor.
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