(1) The provisions of this section only apply until January 1, 2020.
(2) The association is governed by a board of thirteen directors, all of whom must be appointed by the Governor. The Governor shall appoint five health care providers after consultation with the South Carolina Medical Association, the South Carolina Dental Association, and the South Carolina Health Alliance; four insurance representatives after consultation with the insurance industry; one consumer representative who is unaffiliated with the insurance or health care industries or the medical or legal professions; and two licensed insurance agents or brokers. The professional associations listed and the insurance industry may nominate qualified individuals to the Governor for his consideration. The Governor may also receive nominations for appointments to the board from any other individual, group, or association. Notices of vacancies on the board must be published in newspapers of general statewide circulation. The director or his designee shall serve as an ex officio member of the board. The board shall develop a plan of operation which is subject to the approval of the director or his designee as provided in this article. The plan of operation shall provide for staggered terms of the members of the board. The approved plan of operation of the association may make provision for combining insurers under common ownership or management into groups for voting, assessment, and all other purposes and may provide that not more than one of the officers or employees of a group may serve as a director at any one time. The board shall elect a chairman and other necessary officers for two-year terms. A vacancy must be filled for the unexpired portion of the term only. The Governor may receive recommendations from any individual, group, or association for any vacancy on the board. The board must meet at the call of the chairman or a majority of the members of the board, but in any event it must meet at least once a year.
HISTORY: 1987 Act No. 155, Section 1; 1993 Act No. 181, Section 830; 1997 Act No. 19, Section 2; 2000 Act No. 313, Section 4; 2015 Act No. 64 (H.3772), Section 1, eff June 4, 2015; 2019 Act No. 67 (H.3760), Section 1, eff May 16, 2019.
Effect of Amendment
2015 Act No. 64, Section 1, deleted the prior fourth to last sentence, relating to reappointment of members.
2019 Act No. 67, Section 1, inserted (1), and inserted the (2) identifier.
Structure South Carolina Code of Laws
Chapter 79 - Medical Malpractice Insurance
Section 38-79-110. Definitions.
Section 38-79-130. Powers of association; policy limits.
Section 38-79-140. Plan of operation.
Section 38-79-150. Application for coverage.
Section 38-79-200. 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.