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S. 19
STATUS INFORMATION
General Bill
Sponsors: Senator Elliott
Document Path: l:\council\bills\nbd\11053ac07.doc
Introduced in the Senate on January 9, 2007
Currently residing in the Senate Committee on Medical Affairs
Summary: Charitable Health Care Services Act
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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11/29/2006 Senate Prefiled
11/29/2006 Senate Referred to Committee on Medical Affairs
1/9/2007 Senate Introduced and read first time SJ-34
1/9/2007 Senate Referred to Committee on Medical Affairs SJ-34
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO ENACT THE "CHARITABLE HEALTH CARE SERVICES ACT" SO AS TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 123 TO TITLE 44 SO AS TO ENCOURAGE AND FACILITATE THE PROVISION OF VOLUNTARY HEALTH CARE SERVICES, TO PROVIDE THAT CHARITABLE HEALTH CARE PROVIDERS ARE THOSE PROVIDERS THAT RENDER CARE WITHOUT COMPENSATION OR CHARGE, TO PROVIDE THAT SPONSORING ORGANIZATIONS ARE ORGANIZATIONS THAT ARRANGE FOR VOLUNTARY HEALTH CARE SERVICES TO BE PROVIDED IN THE STATE, TO REQUIRE SUCH HEALTH CARE PROVIDERS AND SPONSORING ORGANIZATIONS TO REGISTER WITH THE DEPARTMENT OF INSURANCE, AND TO FURTHER PROVIDE FOR THE RESPONSIBILITIES AND REQUIREMENTS OF SUCH PROVIDERS, ORGANIZATIONS, AND THE DEPARTMENT IN PROVIDING, AND OVERSEEING THE PROVISION OF CHARITABLE HEALTH CARE SERVICES; TO ADD ARTICLE 7 TO CHAPTER 79, TITLE 38 SO AS TO REQUIRE MEDICAL MALPRACTICE INSURERS TO MAKE SUCH INSURANCE AVAILABLE TO ELIGIBLE, AND NOT OTHERWISE COVERED, CHARITABLE HEALTH CARE PROVIDERS WHO RENDER SERVICES IN ACCORDANCE WITH THIS ACT AND TO REQUIRE THE STATE TO PAY THE PREMIUMS FOR SUCH COVERAGE; AND TO ADD SECTION 40-15-179 SO AS TO PROVIDE THAT TEMPORARY SEVEN DAY LICENSES MAY BE GRANTED TO DENTISTS AND DENTAL HYGIENISTS WHO PROVIDE CARE WITHOUT COMPENSATION OR CHARGE, TO ESTABLISH THE CRITERIA FOR AND THE SCOPE OF PRACTICE UNDER SUCH A LICENSE, TO ALSO REQUIRE THAT MEDICAL MALPRACTICE INSURANCE BE AVAILABLE FOR DENTISTS AND DENTAL HYGIENISTS, AND TO EXEMPT DENTISTS PROVIDING CHARITABLE CARE FROM THE LIMITATIONS OF A SPECIALTY LICENSE.
Whereas, the General Assembly finds that:
(a) access to high-quality health care services is a concern of all persons; that access to such services is limited for some residents of this State, particularly those residing in remote rural areas or inner cities;
(b) physicians and other health care providers have traditionally worked to assure access to health care services;
(c) many health care providers from the State and other states are willing to volunteer their services to address the health care needs of South Carolinians who may otherwise not be able to obtain these services.
Therefore, it is the purpose of this act to encourage and facilitate the charitable provision of health care services within this State. Now, Therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act may be cited as the "Charitable Health Care Services Act".
SECTION 2. Title 44 of the 1976 Code is amended by adding:
Section 44-123-10. As used in this chapter:
(1) 'Charitable health care provider' means physicians and surgeons, nurses, oral surgeons, dentists, pharmacists, chiropractors, podiatrists, hospitals, nursing homes, or any similar major category of licensed health care providers that provide medical care or dentistry without compensation or charge, and without expectation of compensation or charge, to an individual, without payment or reimbursement by any governmental agency or insurer. 'Charitable health care provider' also includes blood centers that collect, process, and distribute blood to hospitals and physicians for the care of patients if these blood centers were insured with the Joint Underwriting Association as of July 1, 1997. 'Charitable health care provider' does not include health care providers when they are performing invasive or surgical procedures.
(2) 'Medical malpractice insurance' means medical professional liability insurance or insurance protection against the legal liability of the insured and against loss, damage, or expense incident to a claim arising out of the death or injury of any person as the result of negligence or malpractice in rendering or failing to render professional service by any licensed physician, licensed health care provider, or hospital.
(3) 'Sponsoring organization' means an organization, with an established relationship with a practicing entity, that organizes or arranges for voluntary health care services to be provided in this State.
Section 44-123-20. (A) Notwithstanding any other provision of law, a person providing health care services in this State is not required to obtain an additional license or certificate other than that which is required by law to practice as such a health care provider, if the health care provider:
(1) is a charitable health care provider; or
(2) does not practice more than sixty days in this State within any ninety day period.
(B) A person whose license or certificate is suspended or revoked under disciplinary proceedings in any jurisdiction, or a person who renders services outside of the scope of practice authorized by his or her licensure or certification, must not participate with any sponsoring organization as a charitable health care provider.
(C)(1) Before providing charitable health care services in this State, a charitable health care provider or sponsoring organization shall register with the Department of Insurance by filing a registration form that must contain:
(a) the name, address, and phone number of the charitable health care provider;
(b) written and verifiable documentation of a current license, including, if applicable, a license granted to an individual under a reciprocal agreement with another state or country;
(c) the name, principal office address, phone number, and principal officer of any sponsoring organization;
(d) the dates, locations, types of services, and intended recipients of any charitable health care services to be performed in this State;
(e) information as to any medical malpractice insurance under which the health care provider is covered; and
(f) other information as the department may require by regulation.
(2) The department may revoke the registration of any charitable health care provider or sponsoring organization for failure to comply with the provisions of this chapter.
(3) By October first of each year the Department of Insurance shall report to the General Assembly the name and location of individuals registered with the department as charitable health care providers.
(D)(1) The department shall provide, upon request of the charitable health care provider or sponsoring organization, any information available as to declared emergencies, underserved populations, and lack of access to health care in the State that will assist the charitable health care provider or sponsoring organization in the provision of these services.
(2) County health departments may submit requests for charitable health care providers in their jurisdictions to be listed in any information provided.
(E) Each sponsoring organization shall maintain a list of health care providers associated with providing charitable health care services. For each health care provider, the sponsoring organization shall maintain a copy of the provider's current license or certificate and shall require each health care provider to attest in writing that his or her license or certificate is not suspended or revoked under disciplinary proceedings in any jurisdiction. The sponsoring organization shall maintain its records of charitable health care providers for at least five years after the charitable health care services were provided, including actual dates, types of services, and recipients of charitable health care services, and shall furnish these records upon the request of the Department of Insurance. Compliance with this section is prima facie evidence that the sponsoring organization has exercised due care in selecting charitable health care providers.
Section 44-123-30. A person who provides charitable health care services in accordance with this chapter is not required to display his or her license or certification at the location where he or she is providing services but, upon request, must provide of a photocopy of the applicable license or certificate from the state, territory, district, or possession of the United States in which the provider is licensed or certified.
Section 44-123-40. In accordance with Article 7, Chapter 79, Title 38, medical malpractice insurers shall make medical malpractice insurance available to eligible charitable health care providers, not otherwise covered under medical malpractice insurance, while rendering medical or dental services in this State."
SECTION 3. Chapter 79, Title 38 of the 1976 Code is amended by adding:
Section 38-79-710. (A)(1) Insurers offering medical malpractice insurance in this State shall make available, as a condition of doing business in this State, medical malpractice insurance for charitable health care providers, and volunteers performing medical or dental services for charitable health care providers, rendering services in accordance with Chapter 123, Title 44 with the same coverage limits made available to its other insureds. Such coverage only applies during the time the health care provider or volunteer is rendering charitable health care services in this State.
(2) To obtain coverage under this section a charitable health care provider, or a person volunteering to perform medical services for a charitable health care provider, must not otherwise be covered by a policy of medical malpractice insurance and shall satisfy the requirements of this section.
(B) Premiums for policies issued under subsection (A) must be paid by the State from the general fund upon written application for payment of the premium by the health care provider proposing to offer charitable health care services.
(C) The Department of Insurance shall, through promulgation of regulations, establish reasonable guidelines for the registration of charitable health care providers. The guidelines must require the provider to supply, at a minimum:
(1) name and address of the charitable health care provider;
(2) number of employees of the charitable health care provider who will be rendering medical care without compensation or charge and without expectation of compensation or charge, and who will be covered under the policy issued pursuant to this section;
(3) the expected number of patients to be provided charitable health care services in the year for which the insurer will offer malpractice coverage;
(4) the charitable health care provider's acknowledgment that the insurer's risk management and loss prevention policies must be followed; and
(5) a copy of the medical malpractice policy, declaration page, and any other documentation the commissioner may require to determine the proper amount of premiums and taxes to be reimbursed.
(C) Persons insured under this section shall comply with the same risk management and loss prevention policies that the insurer imposes upon its other insureds.
(D) Any premium refund for medical malpractice insurance issued under this section received for any reason by the charitable health care provider must be promptly remitted to the department for transmittal to the general fund.
(E) Coverage offered to charitable health care providers, and persons volunteering with charitable health care providers, must be at least as broad as the coverage offered by the insurer to other noncharitable health care providers or facilities and to medical professionals working at noncharitable health care facilities.
(F) The department shall retrospectively review on an annual basis the premiums paid pursuant to this section as opposed to the expenses incurred by the insurers covering risks under this section to determine if the profits made for those risks were consistent with reasonable loss ratio guidelines. If the determination is made that the profits were not consistent with reasonable loss ratio guidelines, the department shall determine the amount of the premiums to be refunded to the State.
(H) The department must not provide medical malpractice insurance as specified in subsection (B) to a charitable health care provider who has not registered with the department pursuant to Section 44-123-20.
(I) As used in this section, 'charitable health care provider' means physicians and surgeons, nurses, oral surgeons, dentists, pharmacists, chiropractors, podiatrists, hospitals, nursing homes, or any similar major category of licensed health care providers that provide medical care or dentistry without compensation or charge, and without expectation of compensation or charge, to an individual, without payment or reimbursement by any governmental agency or insurer. 'Charitable health care provider' also includes blood centers that collect, process, and distribute blood to hospitals and physicians for the care of patients if these blood centers were insured with the Joint Underwriting Association as of July 1, 1997. 'Charitable health care provider' does not include health care providers when they are performing invasive or surgical procedures.
SECTION 4. Chapter 15, Title 40 of the 1976 Code is amended by adding:
"Section 40-15-179. (A) Notwithstanding the provisions of Section 40-15-177, the board may grant a temporary license to a dentist or dental hygienist who holds a currently valid license from another state, district, possession, or territory of the United States for the sole purpose of providing care, within the scope of their respective authority and pursuant to regulations promulgated by the board, to indigent populations who may not otherwise be able to obtain these services, without expectation of compensation or charge to the individual, and without payment or reimbursement by any governmental agency or insurer. These health care services must be provided to charitable organizations only. This license is only valid for a seven day period.
(B) To obtain a temporary license issued pursuant to this section, the dentist or dental hygienist shall:
(1) apply to the board at least thirty days before providing the charitable health care services;
(2) include in the application a letter from the jurisdiction in which the dentist or dental hygienist is licensed that indicates the applicant's license number and a statement that indicates that the dentist or the dental hygienist is in good standing in the licensing jurisdiction; and
(3) pay a twenty-five dollar registration fee.
(C) Before rendering the services permitted under this section, the dentist or dental hygienist shall register with the Department of Insurance as a charitable health care provider in accordance with Section 44-123-20.
(D) A dentist or dental hygienist rendering care pursuant to this section may perform all preventive procedures and treatments including, but not limited to, scaling, prophylaxis, radiographs, sealants, and fluoride application.
(E) In addition to the procedures permitted pursuant to subsection (D), a dentist may perform those procedures or treatments considered to be routine in nature and that are typically performed and completed in one appointment. These procedures include simple extractions and basic restorative procedures. All procedures performed, other than those provided for in this subsection and subsection (D), must be performed by a dentist holding a currently valid license in this State.
(F) A dentist or dental hygienist rendering care pursuant to this section who registers as a charitable health care provider in accordance with Section 44-123-20 may obtain medical malpractice insurance, if he or she meets the requirements of Section 38-79-710.
(G) The specialty practice limitations provided for in Section 40-15-220 do not apply to a dentist with a specialty license when providing services pursuant to this section.
(H) The board shall promulgate regulations to carry out the provisions of this section."
SECTION 5. This act takes effect upon approval by the Governor.
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