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. - All medical malpractice insurance carriers shall file with the appropriate...

Section 38-79-30. Volunteer health care provider not liable for civil damages; agreements to provide voluntary noncompensated service; continuing education. - (A) No licensed health care provider, as defined in Section...

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. - (A) A person who serves on the Board of the...

Section 38-79-110. Definitions. - As used in this article: (1) "Accumulated deficit" means the...

Section 38-79-120. Association created; membership as a condition of authority to transact insurance; purpose. - (1) A joint underwriting association (association) is created, containing as...

Section 38-79-125. Members to pay assessment equal to member's proportional share of accumulated deficit of the association. - (1) As of January 1, 2020, all insurers authorized to...

Section 38-79-130. Powers of association; policy limits. - The association, pursuant to the provisions of this article and...

Section 38-79-140. Plan of operation. - (1) The association must operate pursuant to a plan of...

Section 38-79-150. Application for coverage. - Any licensed health care provider is entitled to apply to...

Section 38-79-160. Reserved. - HISTORY: Former Section, titled Statistical data and plan, had the...

Section 38-79-170. Investment income considered in rates and determination of profit or loss of Association. - In respect to the structuring of rates for medical malpractice...

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...

Section 38-79-190. Policy forms and rate structure; claims-made or occurrence basis; forbidden provisions; rates charged. - (1) The board of directors shall specify whether policy forms...

Section 38-79-200. Rate increase or assessment authorized. - The association is authorized to provide a rate increase, assessment...

Section 38-79-210. Deficits to be recouped. - Any future deficit must be recouped, pursuant to the plan...

Section 38-79-220. Elimination of accumulated deficit; uniform assessment; surcharges. - (1) All members of the association, excluding companies who have...

Section 38-79-230. Additional surcharge on premium; annual increase. - Beginning on January 1, 2021, an additional one percent surcharge...

Section 38-79-240. Plans to be binding on members of association. - Every member of the association is bound by the approved...

Section 38-79-250. Obligations of terminated members; responsibility of State. - (1) If any member insurer ceases writing business in this...

Section 38-79-260. Board of directors. - (1) The provisions of this section only apply until January...

Section 38-79-280. Annual statement required. - The association shall file a financial statement with the department...

Section 38-79-290. Examination of association; audit in lieu of examination. - The director or his designee shall conduct an examination into...

Section 38-79-300. Merger of Patients' Compensation Fund into South Carolina Medical Malpractice Association; obligations and responsibilities; accumulated deficits; Board of Directors. - (A) Effective on January 1, 2020, the Patients' Compensation Fund...

Section 38-79-400 to 38-79-490. Repealed. - HISTORY: Former Section 38-79-400, titled Repeal of article, had the...