(A) A policy or contract of group accident, group health, or group accident and health insurance may not be issued or delivered in this State, nor may any application, endorsement, or rider which becomes a part of the policy be used, until a copy of the form has been filed with and approved by the director or his designee except as exempted by the director or his designee as permitted by Section 38-61-20. The director or his designee may disapprove the form if the form:
(1) does not meet the requirements of law;
(2) contains provisions which are unfair, deceptive, ambiguous, misleading, or unfairly discriminatory; or
(3) is solicited by means of advertising, communication, or dissemination of information which is deceptive or misleading.
If action is not taken to approve or disapprove a policy, contract, certificate, application, endorsement, or rider after the document has been filed for thirty days, it is deemed to be approved. The director or his designee, in his discretion, may extend for up to an additional sixty days the time period for approval or disapproval of the form. An organization may not use a form deemed approved pursuant to the default provision of this section until the organization has filed with the director or his designee a written notice of its intent to use the form. The notice must be filed in the office of the director at least ten days before the organization uses the form. The director or his designee, as soon as is practicable, shall notify in writing the insurer which has filed the form of his approval or disapproval. If the form is disapproved, the notice must contain the reasons for disapproval and the insurer is entitled to a public hearing on that decision. At any time after having given written approval, the director or his designee, after a public hearing of which at least thirty days' written notice has been given, may withdraw approval if he finds that the form:
(1) does not meet the requirements of law;
(2) contains provisions which are unfair, deceptive, ambiguous, misleading, or unfairly discriminatory; or
(3) is solicited by means of advertising, communication, or dissemination of information which is deceptive or misleading.
The withdrawal of approval must be effected by written notice to the insurer and the insurer is entitled to a public hearing on that decision. Any action or decision of the director or his designee to withdraw approval may be appealed to the Administrative Law Court in accordance with Section 38-3-210.
(B) Nothing in this chapter precludes the issuance of a policy or contract of group accident, group health, or group accident and health insurance that includes an optional life insurance rider. However, the optional life insurance rider must be filed with and approved by the director or his designee pursuant to Section 38-61-20 and comply with all applicable sections of Chapter 65 and, in addition, in the case of a life insurance rider with accelerated long term care benefits, Chapter 72 of this title.
HISTORY: Former 1976 Code Section 38-35-930 [1956 (49) 2029; 1962 Code Section 37-532.1] recodified as Section 38-71-720 by 1987 Act No. 155, Section 1; 1988 Act No. 316, Section 3; 1993 Act No. 181, Section 766; 1998 Act No. 411, Section 7; 2001 Act No. 82, Section 24, eff July 20, 2001.
Structure South Carolina Code of Laws
Chapter 71 - Accident And Health Insurance
Section 38-71-10. Coverages which may be written by licensed accident and health insurers.
Section 38-71-30. Whole contract, including application, must appear in policy; oral applications.
Section 38-71-40. Effect of false statement in application.
Section 38-71-46. Diabetes Mellitus coverage in health insurance policies; diabetes education.
Section 38-71-50. Alteration of application.
Section 38-71-60. Certain acts do not constitute a waiver by insurer.
Section 38-71-70. Certain policies may conform to laws of other states.
Section 38-71-80. Construction of policy issued in violation of chapter.
Section 38-71-90. Penalty for violation of chapter.
Section 38-71-100. Policies exempt from chapter.
Section 38-71-125. Mastectomies; hospitalization requirements; early release provisions.
Section 38-71-140. Coverage of newborn children.
Section 38-71-143. Health plans must provide same coverage for children placed for adoption.
Section 38-71-160. When policy sold on direct response basis considered to be returned.
Section 38-71-170. Required provision in policies for conversion privileges for former spouses.
Section 38-71-190. Subrogation of insurer to insured's rights against third party.
Section 38-71-210. Health insurance policies to include chiropractic services.
Section 38-71-215. Dermatology referrals.
Section 38-71-238. Abortion coverage prohibitions; exceptions.
Section 38-71-240. Coverage required for cleft lip and palate; certain policies exempt.
Section 38-71-242. Specified disease insurance policies; payment of claims and benefits.
Section 38-71-243. Continuation of care; definitions; applicability; requirements.
Section 38-71-245. Prohibited grounds for denial of enrollment to child of health plan participant.
Section 38-71-246. Continuation of care; provider contract requirements.
Section 38-71-247. Continuation of care; plain language description requirement.
Section 38-71-255. Health insurer may not impose different requirements on state agency.
Section 38-71-260. Duties of health insurer of child to custodial parent.
Section 38-71-275. Insurance coverage for certain drugs not to be excluded from policy definitions.
Section 38-71-280. Autism spectrum disorder; coverage; eligibility for benefits.
Section 38-71-290. Mental health coverage; definitions; treatment requirements; exceptions
Section 38-71-315. Decrease of premium charges.
Section 38-71-320. Policies issued for delivery in another state.
Section 38-71-330. Form of policies.
Section 38-71-340. Required provisions.
Section 38-71-355. Dependent child; medically necessary leave of absence.
Section 38-71-360. Continuation of coverage for nonhandicapped dependent children.
Section 38-71-370. Optional provisions.
Section 38-71-410. Omission or modification of required or optional provisions.
Section 38-71-420. Placement of required and optional provisions in policy.
Section 38-71-430. Additional provisions may not make policy less favorable.
Section 38-71-510. Declaration of purpose.
Section 38-71-520. Definitions.
Section 38-71-540. Regulations establishing minimum standards for benefits.
Section 38-71-550. Outline of coverage required.
Section 38-71-560. Effect of use of simplified application form.
Section 38-71-610. Notice of premiums due required.
Section 38-71-620. Advance notice required for increase in premium.
Section 38-71-630. Acceptance of premium for period beyond expiration date of policy.
Section 38-71-640. Person with insurable interest may take out policy on insured.
Section 38-71-650. Right to transfer to policy of equal or lesser benefits with same insurer.
Section 38-71-670. Definitions.
Section 38-71-680. Application of Section 38-71-850(D).
Section 38-71-710. Definitions.
Section 38-71-735. Required provisions.
Section 38-71-740. Restrictions on mass-marketed insurance.
Section 38-71-770. Mandatory continuation privileges.
Section 38-71-785. Dependent child; medically necessary leave of absence.
Section 38-71-790. Payment of benefits.
Section 38-71-800. Hospital and medical expenses.
Section 38-71-810. Readjustment of rates or refunds or dividends.
Section 38-71-840. Definitions.
Section 38-71-910. Legislative intent.
Section 38-71-920. Definitions.
Section 38-71-930. Application of this subarticle.
Section 38-71-970. Insurer rating and renewal records; filing of certification; confidentiality.
Section 38-71-980. Suspension of premium rate restrictions upon request of certain insurers.
Section 38-71-990. Effective date of this subarticle.
Section 38-71-1010. "Blanket accident and health insurance" defined.
Section 38-71-1020. Requirements as to policies.
Section 38-71-1030. Individual applications and certificates not required.
Section 38-71-1040. Payment of benefits.
Section 38-71-1050. Legal liability of policyholders not affected.
Section 38-71-1110. "Franchise accident and health insurance" defined.
Section 38-71-1310. Short title.
Section 38-71-1320. Purpose and intent.
Section 38-71-1330. Definitions.
Section 38-71-1340. Application of article; group size for health group cooperative.
Section 38-71-1350. Premium rates; requirements.
Section 38-71-1355. Health group cooperative; powers and duties.
Section 38-71-1370. Applicability of certain code sections; late enrollees.
Section 38-71-1400. Election to become reinsuring insurer.
Section 38-71-1410. South Carolina Small Employer Insurer Reinsurance Program.
Section 38-71-1420. Advisory committee.
Section 38-71-1430. Annual public report.
Section 38-71-1440. Requirements upon small employer insurers.
Section 38-71-1445. Report on effectiveness of health group cooperatives.
Section 38-71-1450. Promulgation of regulations.
Section 38-71-1510. Short title.
Section 38-71-1520. Definitions.
Section 38-71-1540. Practice of discouraging use of 911 telephone system prohibited.
Section 38-71-1545. Exclusion of certain insurance policies.
Section 38-71-1550. Severability.
Section 38-71-1710. Short title.
Section 38-71-1720. Definitions.
Section 38-71-1750. Disclosures required of network plans.
Section 38-71-1760. Promulgation of regulations.
Section 38-71-1810. Pharmacy audit rights.
Section 38-71-1820. Appeals process; dismissal; copy of audit findings.
Section 38-71-1830. Recoupment.
Section 38-71-1840. Exemptions.
Section 38-71-1910. Short title.
Section 38-71-1920. Definitions.
Section 38-71-1930. Application of this article.
Section 38-71-1940. Notice of right to request a review; notice of adverse determination.
Section 38-71-1950. Requests for external review.
Section 38-71-1960. Exhaustion of internal appeal process.
Section 38-71-1970. Requests for external review.
Section 38-71-1980. Expedited external review.
Section 38-71-1990. External review decisions final; exceptions.
Section 38-71-2000. Approval of independent review organizations.
Section 38-71-2010. Standards for approval of independent review organizations.
Section 38-71-2020. Liability of independent review organizations and personnel.
Section 38-71-2030. External review; written records; reports.
Section 38-71-2040. Health carrier to pay for external review.
Section 38-71-2050. Health carrier to inform covered persons of rights related to external review.
Section 38-71-2060. Regulations.
Section 38-71-2110 to 38-71-2150. Repealed.
Section 38-71-2200. Definitions.
Section 38-71-2210. License requirement for pharmacy benefits managers.
Section 38-71-2230. Pharmacy benefits manager prohibited from taking certain actions.
Section 38-71-2240. Placement of drug on Maximum Allowable Cost List.