South Carolina Code of Laws
Chapter 79 - Medical Malpractice Insurance
Section 38-79-180. Submission of all policy forms, classifications, rates, rating plans, or rules for approval.

The association shall submit, for the approval of the director or his designee, all policy forms, classifications, rates, rating plans, or rules applicable to its insurance product offerings to customers in this State. Such filings must be submitted for approval to the director no less than sixty days prior to their intended effective date. The director may extend the time for his review by an additional sixty days to allow the department sufficient time to evaluate the proposed form, classification, rate, rating plan, or rule to be used by the association. Rates must be actuarially sound, self supporting, and may not be excessive, inadequate, or unfairly discriminatory.
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, rewrote the section.

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.