Current StatusView additional legislative information at the LPITS web site.Bill Number: 369 Ratification Number: 134 Act Number 199 Introducing Body: Senate Subject: Medical malpractice liability insurance
(A199, R134, S369)
A JOINT RESOLUTION TO AMEND ACT 306 OF 1975, AS AMENDED, RELATING TO THE WRITING OF MEDICAL MALPRACTICE LIABILITY INSURANCE THROUGH A JOINT UNDERWRITING ASSOCIATION, SO AS TO DELETE THE PHRASE REQUIRING SUCH ASSOCIATION TO EXPIRE ON DECEMBER 31, 1983, THEREBY MAKING THE JOINT UNDERWRITING ASSOCIATION EXPIRE AT SUCH TIME AS THE SOUTH CAROLINA GENERAL ASSEMBLY DETERMINES THAT IT IS NO LONGER NEEDED BY THE SOUTH CAROLINA HEALTH CARE PROVIDERS.
Whereas, the Joint Underwriting Association was created by Act 306 of 1975 for the purpose of writing medical malpractice liability insurance; and
Whereas, it was the feeling of the General Assembly when the enabling legislation was passed that the liability insurance crisis faced by persons delivering health services would be short-lived and that private carriers would soon reenter the State and make such insurance available; and
Whereas, the initial legislation provided that the Joint Underwriting Association would automatically expire December 31, 1977; and
Whereas, the expectations of an early resolution of the problem have not been realized and, as a result, the Joint Underwriting Association has required continued legislation since 1975 to extend its operation; and
Whereas, rather than continue introducing legislation to extend the Joint Underwriting Association, the General Assembly has determined that the effective clause be so amended that legislation extending it would not be necessary. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
Expiration of act
SECTION 1. Section 21 of Act 306 of 1975, as last amended by Act 200 of 1981, is further amended to read:
"Section 21. This act shall take effect upon approval by the Governor and shall expire upon the determination by the General Assembly that the South Carolina Health Care Providers have no need for the Joint Underwriting Association."
Time effective
SECTION 2. This act shall take effect upon approval by the Governor.