South Carolina Code of Laws
Chapter 79 - Medical Malpractice Insurance
Section 38-79-150. Application for coverage.

Any licensed health care provider is entitled to apply to the association for coverage. The application may be made on behalf of the applicant by a licensed agent or broker authorized in writing by the applicant. If the association determines that the applicant meets the underwriting standards of the association as set forth in the approved plan of operation and there is no unpaid, uncontested premium due from the applicant for any prior insurance of the same kind, the association, upon receipt of the premium, or a portion thereof as prescribed by the plan of operation, shall cause to be issued a policy of medical malpractice liability insurance for a term of one year.
The rates, rating plans, rating rules, rating classifications, territories, and policy forms applicable to insurance written by the association and the statistical and experience data relating thereto are subject to this article and to those provisions of Chapter 73 of this title which are not inconsistent with the purposes and provisions of this article.
HISTORY: 1987 Act No. 155, Section 1; 1993 Act No. 181, Section 830; 2019 Act No. 67 (H.3760), Section 1, eff May 16, 2019.
Effect of Amendment
2019 Act No. 67, Section 1, in the first undesignated paragraph, in the first sentence, deleted "in a category in which the department has declared an emergency exists" following "Any licensed health care provider".

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 38 - Insurance

Chapter 79 - Medical Malpractice Insurance

Section 38-79-20. Medical malpractice judgments, settlements, agreements and awards to be filed by insurers with appropriate licensing board.

Section 38-79-30. Volunteer health care provider not liable for civil damages; agreements to provide voluntary noncompensated service; continuing education.

Section 38-79-40. Employment and compensation restrictions on members of Board of Joint Underwriting Association and Board of Governors of Patients' Compensation Fund; exception.

Section 38-79-110. Definitions.

Section 38-79-120. Association created; membership as a condition of authority to transact insurance; purpose.

Section 38-79-125. Members to pay assessment equal to member's proportional share of accumulated deficit of the association.

Section 38-79-130. Powers of association; policy limits.

Section 38-79-140. Plan of operation.

Section 38-79-150. Application for coverage.

Section 38-79-160. Reserved.

Section 38-79-170. Investment income considered in rates and determination of profit or loss of Association.

Section 38-79-180. Submission of all policy forms, classifications, rates, rating plans, or rules for approval.

Section 38-79-190. Policy forms and rate structure; claims-made or occurrence basis; forbidden provisions; rates charged.

Section 38-79-200. Rate increase or assessment authorized.

Section 38-79-210. Deficits to be recouped.

Section 38-79-220. Elimination of accumulated deficit; uniform assessment; surcharges.

Section 38-79-230. Additional surcharge on premium; annual increase.

Section 38-79-240. Plans to be binding on members of association.

Section 38-79-250. Obligations of terminated members; responsibility of State.

Section 38-79-260. Board of directors.

Section 38-79-280. Annual statement required.

Section 38-79-290. Examination of association; audit in lieu of examination.

Section 38-79-300. Merger of Patients' Compensation Fund into South Carolina Medical Malpractice Association; obligations and responsibilities; accumulated deficits; Board of Directors.

Section 38-79-400 to 38-79-490. Repealed.