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TO AMEND SECTION 42-9-360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ASSIGNMENT OF COMPENSATION CLAIMS UNDER THE SOUTH CAROLINA WORKERS' COMPENSATION LAW, SO AS TO ESTABLISH PENALTIES FOR LATE PAYMENT OF CHARGES FOR HEALTH CARE GOODS OR SERVICES AND TO PROVIDE THAT PAYMENT MUST BE MADE DIRECTLY TO THE PROVIDER RATHER THAN TO THE CLAIMANT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 42-9-360 of the 1976 Code, as last amended by Act 424 of 1996, is further amended by adding appropriately lettered subsections at the end to read:
"( )(1) If a charge for health care goods or services is not paid when due, a penalty must be added to the charge and paid at the same time as, and in addition to, the charge claimed for the health care goods or services as follows:
(a) If a payment for a charge is paid more than thirty days after request for payment was made, but paid within sixty days of the request, an amount equal to ten percent of the charge must be added to the charge.
(b) If a payment for a charge is paid more than sixty days after request for payment was made, but within ninety days of the request, an amount equal to twenty percent of the charge must be added to the charge.
(c) If a charge is not paid within ninety days after request for payment was made, in addition to the twenty percent penalty, the employer or insurer shall pay interest on that combined sum in an amount equal to twelve percent each year from the ninety-first day after the date the charge was requested to be paid until full payment is made.
(2) These penalties and interest must be paid to the provider of the health care goods or services.
( ) A party to a claim provided by this chapter, including a health care provider who provides medical treatment for a person who subsequently files a claim provided by this chapter, shall give notice in writing to the commission at any time during the pendency of the claim that the provider is or should be a party at interest as a result of payments made or treatment provided in the employee's behalf for medical treatment. The commission shall order the employer or workers' compensation insurance carrier to pay the health care provider the charges due for the claimant's medical treatment, if the employer or its workers' compensation insurance carrier is liable pursuant to the provisions of this chapter for the medical treatment and if the health care provider has become or should be a party at interest pursuant to this section. An employer, or its workers' compensation insurance carrier, who is liable for payment of the medical treatment is not required to pay the employee directly unless, and only to the extent that, it is proven by a preponderance of the evidence that the employee has paid for the medical treatment himself."
SECTION 2. This act takes effect upon approval by the Governor.
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