South Carolina General Assembly
115th Session, 2003-2004

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Bill 4643


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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-6-230 SO AS TO REQUIRE THE OFFICE OF INSURANCE SERVICES OF THE STATE BUDGET AND CONTROL BOARD TO SURVEY THE SMALL BUSINESSES IN THIS STATE OFFERING EMPLOYER-PAID HEALTH INSURANCE BENEFITS TO EMPLOYEES AND CALCULATE AN AVERAGE PER EMPLOYEE COST AND BENEFIT LEVEL FOR THIS COVERAGE AND CERTIFY THESE AVERAGES TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES WHICH MUST LIMIT MEDICAID PER CLIENT COSTS AND COVERAGE TO NO MORE THAN NINETY PERCENT OF THE AVERAGES CERTIFIED.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Article 1, Chapter 6, Title 44 of the 1976 Code is amended by adding:

"Section 44-6-230.    (A)    The Office of Insurance Services of the State Budget and Control Board annually shall survey small businesses in this State offering employer-paid health insurance benefits to employees and from this survey calculate a per employee cost average for this insurance and an average benefit level. For purposes of this survey, a small business is defined as a for-profit enterprise employing fifty or fewer persons in a calendar year. The Director of the Office of Insurance Services shall certify the cost and benefit averages determined in the survey to the Director of the State Department of Health and Human Services.

(B)    Notwithstanding any other provision of law, the range of health care benefits provided and the per client cost of these benefits pursuant to Title XIX of the Social Security Act (Medicaid) must not exceed in any fiscal year ninety percent of the average cost and average benefits certified to the director pursuant to subsection (A) of this section."

SECTION    2.    This act takes effect upon approval by the Governor and applies beginning with Medicaid costs and coverage provided for fiscal year 2004-2005.

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