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COMMITTEE REPORT
April 10, 2003
S. 507
S. Printed 4/10/03--S. [SEC 4/14/03 11:45 AM]
Read the first time March 20, 2003.
To whom was referred a Bill (S. 507) to amend Section 38-73-515, Code of Laws of South Carolina, 1976, relating to deductibles that must be offered on policies of workers' compensation insurance, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, page 3, line 2, SECTION 3, by deleting the Section in its entirety and inserting:
/ SECTION 3. This act becomes effective one hundred twenty days after approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
DAVID L. THOMAS for Committee.
EXPLANATION OF IMPACT:
The state agency responsible for insuring state agencies as well as many local governments is the State Accident Fund. The State Accident Fund reports that it has not had any agencies take advantage of the lower deductible amounts already available; therefore, it is not anticipated that agencies of the State will attempt to take advantage of the additional higher maximum deductible of $5,000. Therefore, there is no anticipated impact on the General Fund of the State or on federal and/or other funds.
The Workers' Compensation Commission reports that the change in requirements to report injuries to the Commission will not have a fiscal impact on the General Fund of the State or on federal and/or other funds.
LOCAL GOVERNMENT IMPACT:
Any impact on local governments is expected to be negligible.
Approved By:
Don Addy
Office of State Budget
TO AMEND SECTION 38-73-515, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIBLES THAT MUST BE OFFERED ON POLICIES OF WORKERS' COMPENSATION INSURANCE, SO AS TO INCREASE THE MAXIMUM DEDUCTIBLE ALLOWED FROM TWO THOUSAND FIVE HUNDRED DOLLARS TO FIVE THOUSAND DOLLARS AND TO PROVIDE THAT AN INJURY FOR WHICH THERE IS NO COMPENSABLE LOST TIME OR PERMANENCY AND COST OF MEDICAL TREATMENT DOES NOT EXCEED FIVE THOUSAND DOLLARS RATHER THAN THE EXISTING TWO THOUSAND FIVE HUNDRED DOLLAR LIMIT IMPOSED BY REGULATION REQUIRES ONLY ANNUAL REPORTING, TO AMEND SECTION 42-19-10, AS AMENDED, RELATING TO EMPLOYEES' RECORDS AND REPORTS OF INJURIES FOR PURPOSES OF THE SOUTH CAROLINA WORKERS' COMPENSATION LAW, SO AS TO PROVIDE THAT AN INJURY FOR WHICH THERE IS NO COMPENSABLE LOST TIME OR PERMANENCY AND COST OF MEDICAL TREATMENT DOES NOT EXCEED FIVE THOUSAND DOLLARS RATHER THAN THE EXISTING TWO THOUSAND FIVE HUNDRED DOLLAR LIMIT IMPOSED BY REGULATION REQUIRES ONLY ANNUAL REPORTING.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 38-73-515(A) of the 1976 Code is amended to read:
"(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 disclosed fully 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 in increments of five hundred dollars up to a maximum of two thousand five hundred dollars, or five thousand dollars for each compensable claim. The policyholder exercising the deductible option shall choose only one deductible amount."
SECTION 2. Section 42-19-10 of the 1976 Code, as last amended by Act 424 of 1996, is further amended to read:
"Section 42-19-10. Every employer shall keep a record of all injuries, fatal or otherwise, received by his employees in the course of their employment on forms approved by the commission.
If the injury requires minimal medical attention at a cost not to exceed an amount specified by regulation of the Workers' Compensation Commission and does not cause more than one lost workday or permanency, the employer is not required to make a written report to the commission or the employer's insurance carrier, provided the employer maintains a record as prescribed by the commission and pays directly the incurred cost of the resulting medical attention.
All other injuries must be reported in writing to the commission according to the following guidelines:
(1) An injury for which there is no compensable lost time or permanency and the medical treatment does not exceed an amount specified by regulation of the Workers' Compensation Commission five thousand dollars must be reported annually on a form and at a time prescribed by the commission.
(2) An injury involving compensable lost time, medical attention in excess of the limit established by commission regulation provided in (1) above, or the possibility of permanency must be reported within ten business days after the occurrence and knowledge of it, as provided in Section 42-15-20, on a form or in an electronic format prescribed by the commission.
However, for the injury of a South Carolina National Guard member as provided for in Section 42-7-67, the reporting periods must be counted from the date the employer, the South Carolina National Guard, has knowledge that the federal government has denied benefits to the injured guard member or that benefits or additional benefits may be due under the provisions of Title 42."
SECTION 3. This act takes effect upon approval by the Governor.
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