Bill 3539

                    Current Status

Introducing Body:               House
Bill Number:                    3539
Ratification Number:            242
Act Number:                     165
Primary Sponsor:                Corning
Type of Legislation:            GB
Subject:                        Long-term care insurance
Date Bill Passed both Bodies:   Jun 06, 1991
Computer Document Number:       BBM/9193.JM
Governor's Action:              S
Date of Governor's Action:      Jun 12, 1991
Introduced Date:                Feb 19, 1991
Date of Last Amendment:         May 08, 1991
Last History Body:              ------
Last History Date:              Jun 12, 1991
Last History Type:              Act No. 165
Scope of Legislation:           Statewide
All Sponsors:                   Corning
Type of Legislation:            General Bill

 Bill  Body    Date          Action Description              CMN
 ----  ------  ------------  ------------------------------  ---
 3539  ------  Jun 12, 1991  Act No. 165
 3539  ------  Jun 12, 1991  Signed by Governor
 3539  ------  Jun 06, 1991  Ratified R 242
 3539  Senate  Jun 06, 1991  Read third time, enrolled for
                             ratification
 3539  Senate  Jun 05, 1991  Read second time, unanimous
                             consent for third reading on
                             Thursday, June 6
 3539  Senate  Jun 04, 1991  Introduced, read first time,
                             placed on Calendar without
                             reference
 3539  House   May 30, 1991  Read third time, sent to
                             Senate
 3539  House   May 28, 1991  Read second time
 3539  House   May 23, 1991  Debate adjourned until
                             Tuesday, May 28
 3539  House   May 22, 1991  Debate adjourned until
                             Thursday, May 23
 3539  House   May 15, 1991  Debate adjourned until
                             Tuesday, May 21
 3539  House   May 14, 1991  Debate adjourned until
                             Wednesday, May 15
 3539  House   May 08, 1991  Debate adjourned until
                             Tuesday, May 14
 3539  House   May 08, 1991  Amended
 3539  House   Apr 25, 1991  Committee Report: Favorable     26
                             with amendment
 3539  House   Feb 19, 1991  Introduced, read first time,    26
                             referred to Committee

(A165, R242, H3539)

AN ACT TO AMEND ACT 466 OF 1988, RELATING TO THE LONG-TERM CARE INSURANCE ACT, APPROVAL OF REGULATIONS, TERMS, AND CONDITIONS APPLICABLE TO LONG-TERM CARE INSURANCE POLICY AND GROUP POLICY, AND ADVERTISING RESTRICTIONS, SO AS TO REQUIRE ALL INSURERS ISSUING LONG-TERM CARE INSURANCE POLICIES TO OFFER AN OPTIONAL BENEFIT WHICH PROVIDES THAT WHEN AN INSURED MEETS THE REQUIREMENTS UNDER THE POLICY THAT CARE IN A NURSING HOME OR COMMUNITY RESIDENTIAL CARE FACILITY IS NECESSARY, THE INSURED HAS THE OPTION OF RECEIVING NECESSARY CARE IN THE HOME OR COMMUNITY WITH DAILY BENEFITS AT A CERTAIN LEVEL AND TO PERMIT INSURERS ISSUING LONG-TERM CARE INSURANCE POLICIES TO OFFER A HOME HEALTH CARE BENEFIT WHICH PROVIDES BENEFITS WHEN CARE IN THE HOME ONLY IS NECESSARY; TO PROVIDE THAT THE ABOVE PROVISIONS APPLY TO INSURANCE POLICIES ISSUED ON OR AFTER THE EFFECTIVE DATE OF THIS ACT; AND TO PROVIDE THAT THREE YEARS FOLLOWING THE EFFECTIVE DATE OF THIS ACT, AND TWO YEARS THEREAFTER, THE COMMISSION ON AGING, IN COOPERATION WITH THE JOINT LEGISLATIVE COMMITTEE ON AGING AND THE DEPARTMENT OF INSURANCE, SHALL EVALUATE THE EFFECTS OF THIS ACT AND MAKE A REPORT TO THE GENERAL ASSEMBLY.

Be it enacted by the General Assembly of the State of South Carolina:

Long-term care insurance, optional benefit, etc.

SECTION 1. Section 6 of Act 466 of 1988 is amended by adding:

"(I) All insurers issuing long-term care insurance policies must offer, at time of application, an optional benefit which provides that when an insured meets the requirements under the policy that care in a nursing home or community residential care facility is necessary, the insured shall have the option of receiving necessary care in the home or community, with daily benefits at the same level that would have been paid for care in a nursing home or community residential care facility. This optional coverage may be provided by rider to the policy or included as part of the policy.

Notwithstanding the foregoing, insurers issuing long-term care insurance policies may offer a home health care benefit which would provide benefits when care in the home only is necessary. This home health care benefit may provide lesser benefits than that provided by the policy for care in a nursing home or community residential care facility and may be provided either by rider to the policy or included as part of the policy."

Insurance policies affected

SECTION 2. The provisions of subsection (I) of Section 6 of Act 466 of 1988, as added pursuant to Section 1 of this act, apply to insurance policies issued on or after the effective date of this act.

Evaluation and report

SECTION 3. Three years following the effective date of this act, and two years thereafter, the Commission on Aging, in cooperation with the Joint Legislative Committee on Aging and the Department of Insurance, shall evaluate the effects of this act and report those evaluations to the General Assembly.

Time effective

SECTION 4. This act takes effect January 1, 1992.

Approved the 12th day of June, 1991.