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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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