H 3117 Session 112 (1997-1998)
H 3117 General Bill, By J. Brown
A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
38-71-268 SO AS TO PROVIDE THAT NOTHING IN TITLE 38 MAY LIMIT AN INSURER OR
OTHER THIRD PARTY PAYOR FROM DETERMINING THE SCOPE OF ITS BENEFITS AND OTHER
TERMS OF ITS CONTRACTS WITH PROVIDERS EXCEPT THAT THE CONTRACT PROVIDING
COVERAGE TO AN INSURED MAY NOT EXCLUDE THE RIGHT OF ASSIGNMENT OF BENEFITS TO
A PROVIDER AT THE SAME BENEFIT RATE AS PAID TO A CONTRACT PROVIDER.
01/08/97 House Prefiled
01/08/97 House Referred to Committee on Labor, Commerce and Industry
01/14/97 House Introduced and read first time HJ-51
01/14/97 House Referred to Committee on Labor, Commerce and
Industry HJ-51
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA,
1976, BY ADDING SECTION 38-71-268 SO AS TO PROVIDE
THAT NOTHING IN TITLE 38 MAY LIMIT AN INSURER OR
OTHER THIRD PARTY PAYOR FROM DETERMINING THE
SCOPE OF ITS BENEFITS AND OTHER TERMS OF ITS
CONTRACTS WITH PROVIDERS EXCEPT THAT THE
CONTRACT PROVIDING COVERAGE TO AN INSURED MAY
NOT EXCLUDE THE RIGHT OF ASSIGNMENT OF BENEFITS
TO A PROVIDER AT THE SAME BENEFIT RATE AS PAID TO
A CONTRACT PROVIDER.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 38-71-268. Nothing in this title may be construed to limit
an insurer, health maintenance organization, preferred provider
organization, health care service corporation, or other third party
payor from determining the scope of its benefits or services or any
other terms of its group or individual insured, or both, subscriber or
enrollee contracts nor from negotiating contracts with licensed
providers on reimbursement rates or any other lawful provisions,
except that the contract providing coverage to an insured may not
exclude the right of assignment of benefits to a provider at the same
benefit rate as paid to a contract provider."
SECTION 2. This act takes effect July 1, 1997.
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