South Carolina Code of Laws
Chapter 79 - Medical Malpractice Insurance
Section 38-79-400 to 38-79-490. Repealed.

HISTORY: Former Section 38-79-400, titled Repeal of article, had the following history: 2019 Act No. 67 (H.3760), Section 2, eff May 16, 2019. Repealed as provided by former Section 38-79-400, eff January 1, 2020.
HISTORY: Former Section 38-79-410, titled "Licensed health care providers" defined, had the following history: Former 1976 Code Section 38-59-110 [1976 Act No. 674 Section 1; 1979 Act No. 136 Section 1] recodified as Section 38-79-410 by 1987 Act No. 155, Section 1; 1988 Act No. 432, Section 8. Repealed as provided by former Section 38-79-400, eff January 1, 2020.
HISTORY: Former Section 38-79-420, titled Creation of Patients' Compensation Fund; purpose, had the following history: Former 1976 Code Section 38-59-120 [1976 Act No. 674 Section 2] recodified as Section 38-79-420 by 1987 Act No. 155, Section 1; 1990 Act No. 584, Section 1; 2003 Act No. 73, Section 17, eff June 25, 2003; 2008 Act No. 348, Section 8, eff June 16, 2008. Repealed as provided by former Section 38-79-400, eff January 1, 2020.
HISTORY: Former Section 38-79-430, titled Creation of Board of Governors; members; terms; meetings; plan of operation for fund administration, had the following history: Former 1976 Code Section 38-59-130 [1976 Act No. 674 Section 3; 1977 Act No. 104 Section 3] recodified as Section 38-79-430 by 1987 Act No. 155, Section 1; 1993 Act No. 181, Section 831; 1997 Act No. 19, Section 3; 2000 Act No. 313, Section 5; 2008 Act No. 348, Section 9, eff June 16, 2008. Repealed as provided by former Section 38-79-400, eff January 1, 2020.
HISTORY: Former Section 38-79-440, titled Participation in Fund, had the following history: Former 1976 Code Section 38-59-140 [1976 Act No. 674, Section 1; 1986 Act No. 443, Section 1] recodified as Section 38-79-440 by 1987 Act No. 155, Section 1. Repealed as provided by former Section 38-79-400, eff January 1, 2020.
HISTORY: Former Section 38-79-450, titled Membership fees and deficit assessments; responsibility of State, had the following history: Former 1976 Code Section 38-59-150 [1976 Act No. 674, Section 5; 1979 Act No. 55; 1986 Act No. 443, Section 2] recodified as Section 38-79-450 by 1987 Act No. 155, Section 1; 2000 Act No. 313, Section 6. Repealed as provided by former Section 38-79-400, eff January 1, 2020.
HISTORY: Former Section 38-79-460, titled Management of fund, had the following history: Former 1976 Code Section 38-59-160 [1976 Act No. 674, Section 6; 1986 Act No. 443, Section 3] recodified as Section 38-79-460 by 1987 Act No. 155, Section 1; 2005 Act No. 32, Section 8, eff July 1, 2005, for causes of action arising after that date. Repealed as provided by former Section 38-79-400, eff January 1, 2020.
HISTORY: Former Section 38-79-470, titled Method of withdrawing funds; audit of Fund; public inspection, had the following history: Former 1976 Code Section 38-59-170 [1976 Act No. 674, Section 7; 1986 Act No. 443, Section 4] recodified as Section 38-79-470 by 1987 Act No. 155, Section 1; 2005 Act No. 32, Section 9, eff July 1, 2005, for causes of action arising after that date; 2005 Act No. 164, Section 10, eff June 10, 2005. Repealed as provided by former Section 38-79-400, eff January 1, 2020.
HISTORY: Former Section 38-79-480, titled Actions for damages, had the following history: Former 1976 Code Section 38-59-180 [1976 Act No. 674, Section 8; 1986 Act No. 443, Sections 5, 6] recodified as Section 38-79-480 by 1987 Act No. 155, Section 1; 2000 Act No. 313, Section 2; 2008 Act No. 348, Section 10, eff June 16, 2008. Repealed as provided by former Section 38-79-400, eff January 1, 2020.
HISTORY: Former Section 38-79-490, titled Judicial review, had the following history: Former 1976 Code Section 38-59-190 [1978 Act No. 645, Section 2; 1986 Act No. 443, Section 7] recodified as Section 38-79-490 by 1987 Act No. 155, Section 1. Repealed as provided by former Section 38-79-400, eff January 1, 2020.

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.