South Carolina General Assembly
116th Session, 2005-2006

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A144, R189, H3778

STATUS INFORMATION

General Bill
Sponsors: Reps. Harrison, Wilkins, Cato, W.D. Smith, Merrill, Jennings, J.E. Smith and Chellis
Document Path: l:\council\bills\dka\3284ahb05.doc

Introduced in the House on March 15, 2005
Introduced in the Senate on March 22, 2005
Last Amended on May 31, 2005
Passed by the General Assembly on June 2, 2005
Governor's Action: June 7, 2005, Signed

Summary: Tort Reform Act of 2005

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   3/15/2005  House   Introduced, read first time, placed on calendar without 
                        reference HJ-158
   3/15/2005  House   Member(s) request name added as sponsor: Chellis
   3/16/2005  House   Requests for debate-Rep(s). Jennings, JE Smith, Scott, 
                        Hosey, Ott, Funderburk, Clyburn, Weeks, Phillips, 
                        Breeland, Moody-Lawrence, Scarborough, Kennedy, Cato, 
                        Harrison, Cotty, JH Neal, Viers, Govan, Coates, GR 
                        Smith, and FN Smith HJ-12
   3/16/2005  House   Amended HJ-17
   3/16/2005  House   Read second time HJ-32
   3/16/2005  House   Roll call Yeas-85  Nays-2 HJ-32
   3/17/2005  House   Read third time and sent to Senate HJ-2
   3/22/2005  Senate  Introduced and read first time SJ-9
   3/22/2005  Senate  Referred to Committee on Judiciary SJ-9
   5/26/2005  Senate  Recalled from Committee on Judiciary
   5/31/2005  Senate  Amended SJ-37
   5/31/2005  Senate  Read second time SJ-37
    6/1/2005  Senate  Read third time and returned to House with amendments 
                        SJ-25
    6/1/2005          Scrivener's error corrected
    6/2/2005  House   Concurred in Senate amendment and enrolled HJ-59
    6/2/2005          Ratified R 189
    6/7/2005          Signed By Governor
   6/13/2005          Copies available
   6/13/2005          Effective date See Act for Effective Date
   6/16/2005          Act No. 144

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

3/15/2005
3/15/2005-A
3/15/2005-B
3/16/2005
5/26/2005
5/31/2005
6/1/2005


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A144, R189, H3778)

AN ACT TO AMEND SECTION 15-32-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATIONS ON NONECONOMIC DAMAGES IN MEDICAL MALPRACTICE ACTIONS AGAINST A HEALTH CARE PROVIDER, SO AS TO INCLUDE HEALTH CARE INSTITUTIONS; TO REDESIGNATE SECTION 38-79-155 AS SECTION 38-75-775; AND TO AMEND SECTION 38-75-775, RELATING TO MEDICAL MALPRACTICE INSURANCE COVERAGE, SO AS TO CLARIFY THE PROVISIONS OF THE SECTION APPLY TO PROPERTY AND CASUALTY INSURANCE CARRIERS ISSUING MEDICAL MALPRACTICE POLICIES OF INSURANCE, TO CLARIFY THE QUALIFIED APPLICANT MUST ALSO COMPLY WITH THE PROVISIONS OF CHAPTER 75, TITLE 38, AND TO PROVIDE THAT THE PROVISIONS OF THE SECTION DO NOT MANDATE THAT AN INSURANCE COMPANY MUST WRITE MEDICAL MALPRACTICE COVERAGE.

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

Civil remedies and procedures, limitations on noneconomic damages, exceptions

SECTION    1.    Section 15-32-220(E), as added by Act 32 of 2005, is further amended to read:

"(E)    The limitations for noneconomic damages rendered against any health care provider or health care institution do not apply if the jury or court determines that the defendant was grossly negligent, wilful, wanton, or reckless, and such conduct was the proximate cause of the claimant's noneconomic damages, or if the defendant has engaged in fraud or misrepresentation related to the claim, or if the defendant altered or destroyed medical records with the purpose of avoiding a claim or liability to the claimant."

Insurance, medical malpractice insurance coverage

SECTION    2.    A.    Section 38-79-155, as added by Act 32 of 2005, is redesignated as Section 38-75-775.

B.    Section 38-79-155, redesignated as Section 38-75-775, is further amended to read:

"Section 38-75-775.    (A)    All property and casualty insurance carriers issuing medical malpractice policies of insurance within South Carolina for licensed health care providers, as defined in Section 38-79-410, shall provide and maintain coverage to all qualified applicants who timely remit payments for the coverage period and who meet and comply with the provisions of Chapter 75 of Title 38, all underwriting criteria of the policy at the time of issuance and renewal and with all other applicable statutes and regulations. Nothing in this section shall be construed to constitute a mandate to write medical malpractice insurance coverage.

(B)    The provisions of this section apply only to policies written on or after January 1, 2006."

Savings clause

SECTION    3.    The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release, or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

Severability clause

SECTION    4.    If any section, subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, items, subitems, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

Time effective

SECTION    5.    A.    Section 1 takes effect July 1, 2005, and shall only apply to causes of action arising after that date; and

B.    Section 2 takes effect upon approval by the Governor.

Ratified the 2nd day of June, 2005.

Approved the 7th day of June, 2005.

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