Legislative Matters

Below are the bills that SCAHP was monitoring during the 2018 legislative session.

Bill Sponsor Subject Summary
S.10 Senator Glenn G. Reese (D) Expanding Infertility diagnosis and treatment coverage To require health insurance providers to provide coverage for the diagnosis and treatment of infertility, with exceptions.
S.14 Senator Kevin Lee Bryant (R) Any Willing Provider Expansion to all Providers A bill to amend section 38-71-147 of the 1976 code, relating to pharmacists participating in health maintenance organizations, to expand the types of health care providers able to participate willingly in health maintenance organizations.
S.177 Senator Michael W. Gambrell (R) Non-Network Reimbursement Rates for EMS operators A bill to amend article 1, chapter 61, title 44 of the 1976 code, relating to emergency medical services, by adding section 44-61-170, to establish requirements for emergency service system billing and insurance coverage practices applicable to non-network emergency medical service providers; and to amend section 44-61-20, relating to definitions used in the emergency medical services act, to add a definition for “insurer.”.
S.235 Senator Shane Massey Health care contracts

(Any willing provider)

A bill to amend chapter 57, title 38 of the 1976 code, relating to insurance trade practices, by adding section 38-57-190, to provide that terms and conditions of health care contracts issued by health insurance issuers that provide health insurance coverage in the individual, small group, or large group market do not discriminate unreasonably against or among health care providers willing and qualified to meet the terms and conditions of participation established by a health insurance issuer and do not otherwise prohibit or limit participation by a provider who is willing to accept an issuer’s terms and conditions for participation in providing health care services; by adding section 38-71-450, to provide that individual health insurance policies or certificates of coverage may provide for wellness credits or discounts and to define wellness credits or discounts; and by adding section 38-71-815, to provide that group health insurance policies or certificates of coverage may provide for wellness credits or discounts and to define wellness credits or discounts.
S.242 Senator Larry Grooms Birthing Centers (Medical Definitions)  a bill to amend section 44-89-30 of the 1976 code, relating to the licensing of birthing centers, to change definitional terms; and to amend section 44-89-60, relating to the regulation of birth centers, to require birth centers to be accredited and comply with state statutes and regulations, to require births planned to occur at birth centers to be evaluated by professional staff to assess for risk status and to document evaluations in client files, to address professional requirements for staff members who provide patient care, to require the development of guidelines, policies, and procedures addressing, among other practices, the transfer of clients to hospitals, to require birth centers to collect and report data, and to establish a deadline for birth centers in operation to become accredited.
S.276 (H.3546) Senator Kevin Lee Bryant (R) Direct Primary Care Agreements To establish that a direct primary care agreement is not a contract of insurance and not subject to regulation by the department of insurance, and to define the term direct primary care agreement.
S.307 Senator Katrina Shealy (R) Autism Spectrum Disorder Definition Update A bill to amend section 38-71-280(a)(1) of the 1976 code, relating to accident and health insurance, autism spectrum disorder coverage, and eligibility for benefits, to provide that autism spectrum disorder means any of the pervasive developmental disorders or autism spectrum disorders as defined by the most recent edition of the diagnostic and statistical manual of mental disorders or the edition in effect at the time of diagnosis.
S.345 Senator Tom Davis (R) Expanding Nursing Practice Act, Rx powers, etc To amend the Code of Laws of South Carolina, 1976, by adding section 40-33-55 so as to provide certain nursing professionals may provide noncontrolled prescription drugs at entities that provide free medical services for indigent patients; by adding section 40-33-57 so as to provide certain nursing professionals may certify students as unable to attend school but who potentially may benefit from receiving instruction at home or in a hospital; by adding section 40-33-59 so as to provide that nurse practitioners and certified nurse midwives orally or in writing may refer a patient to a physical therapist for treatment; by adding section 40-33-61 so as to provide recipients and beneficiaries of certain assistance and services within the scope of practice of a nurse practitioner or certified nurse midwife may choose the providers from whom they receive such assistance and services; by adding section 40-33-63 so as to provide nurse practitioners and certified nurse midwives may pronounce death and sign death certificates;
S.354 (H.3666) Senator Thomas C. Alexander (R) Crisis Stabilization Centers, Licensure and CON Exemptions A bill to amend section 44-7-130 of the 1976 code, relating to definitions for the state certification of need and health facilities licensure act, to define crisis stabilization unit facility; to amend section 44-7-170(b), relating to the applicability of the certificate of need process to certain projects, to make the certificate of need process inapplicable to crisis stabilization unit facilities; and to amend section 44-7-260(a), relating to requirements for licensure for health facilities, to require crisis stabilization unit facilities obtain a license from the department of health and environmental control.
S.400 Senator Tom Davis Right to Shop for Health Care Act To amend the Code of Laws of South Carolina, 1976, to enact the “South Carolina Right To Shop For Health Care Act” by adding article 16 to chapter 71, title 38 so as to provide a citation; to provide necessary definitions; to provide that a health care provider must disclose the allowed amount of a nonemergency admission, procedure, or service within a certain time frame; to require an insurance carrier to establish access to an interactive mechanism on its publicly accessible website to allow an enrollee to obtain certain information; to provide that a carrier must provide a good faith estimate of the allowed amount and out-of-pocket costs of a proposed nonemergency procedure or service upon request; to provide all health insurance carriers shall offer shared savings incentive programs as components of all health insurance plans, subject to certain exceptions, to provide related requirements concerning the establishment of these programs, and the offering of incentives to health plan enrollees concerning certain covered shoppable health care services; to provide shared savings incentive payments are not administrative expenses of the carrier who paid them for rate development or rate filing purposes; to provide waivers from the requirements of this act; to require carriers to annually file reports of certain related information to the Department; and to provide the department may adopt rules to carry out the provisions of this act.
S.427 (S.307) Senator Katrina Shealy (R) South Carolina Intellectual Disability, Related Disabilities, Head Injuries, and Spinal Cord Injuries Act A bill to amend section 44-20-30, as amended, Code of Laws of South Carolina, 1976, relating to terms defined in the “South Carolina Intellectual Disability, Related Disabilities, Head Injuries, and Spinal Cord Injuries Act”, so as to add a definition for “autism spectrum disorder”; to amend section 38-71-280, relating to health insurance coverage for autism spectrum disorder, so as to make conforming changes; and to amend section 59-21-510, as amended, relating to special education programs, so as to make conforming changes.
S.497 Senator Ronnie Cromer Pharmacy Practice Act To define additional terms; to amend section 40-43-86, relating to compounding pharmacies, so as to revise minimum good compounding practices, to provide a pharmacist must perform a final check on a preparation compounded by a pharmacy technician, to modify requirements for an area used for compounding in a pharmacy, to provide pharmacists shall ensure certain expected features of ingredients used in a formulation, to provide a means for determining the maximum beyond-use date of an excess amount of a specific compound in certain circumstances, to require certain written policies and procedures applicable to a compounding area, and to provide that material data safety must be readily accessible to pharmacy personnel who work with drug substances or bulk chemicals, and to delete obsolete language; and to amend section 40-43-88, relating to the handling of sterile preparation by pharmacies, so as to revise associated standards and to broaden the application of these standards to include other facilities permitted by the board, among other things.
S.8 Senator George E. Campsen (R) Health Care Sharing Ministry To provide that a health care sharing ministry is not engaging in the business of insurance and not subject to regulation by the department of insurance and to define the term “health care sharing ministry”.
S.815 Senator Michael W. Gambrell (R) PBM Reform To establish prohibited acts for pharmacy benefit managers and to provide exceptions under certain circumstances; and to amend section 38-71-2130, relating to the duties of a pharmacy benefit manager, so as to require a pharmacy benefit manager to reimburse a provider within seven business days of payment by a payor.
S.994 (H.4911) Senator Rex Rice (R) Health To require that the group health plan cover cold cap and scalp cooling systems, beginning august 15, 2019.
S.1067 Senator Ronnie W. Cromer (R) SCARES ACT for Autism Coverage Expansion A bill to amend the code of laws of South Carolina, 1976, to enact the “South Carolina covering autism responsibly for everyone (sc cares) act”; by adding section 38-74-65 so as to establish the South Carolina covering autism responsibly for everyone program, to provide funding for the program, to provide eligibility requirements for the program, and to authorize the award of premium assistance for approved applicants; and by adding section 11-11-250 so as to create the palmetto autism trust fund.
H.3064 Representative James Todd Rutherford (D) Hormonal contraceptives To provide the board of pharmacy shall issue a written protocol in compliance with which pharmacists, without an order of a practitioner, may prescribe and dispense hormonal contraceptive patches and self-administered oral hormonal contraceptives; to provide the board also shall adopt certain rules to establish standard procedures for these prescriptions and dispensations; and to provide that laws governing insurance coverage of contraceptive drugs, devices, products, and services must be construed to apply to hormonal contraceptive patches and self-administered oral hormonal contraceptives prescribed and dispensed pursuant to this act.
H.3115 Representative Gilda Cobb-Hunter (D) South Carolina Access to Health Care Act To enact the “South Carolina access to health care act”, to direct the state department of health and human services to design a health care coverage program comparable to the arkansas option, by accepting federal funds allowing appropriate uninsured persons to obtain private health insurance with premiums paid for by federal funds, to provide that the program is contingent upon appropriate approvals of the program design by the united states department of health and human services, and further provide that the program is contingent upon specified levels of federal health care funding, and to provide that the state assumes no obligation to any private insurance carrier participating in the program other than the payment of premiums as allowed pursuant to the South Carolina access to health care act.
H.3128 Representative James Todd Rutherford (D) Put Patients First Act, Medical Marijuana To authorize registered patients to use marijuana for medical purposes, physicians to recommend the medical use of marijuana for those patients, and individuals to act as registered caregivers for those patients, all with exceptions; to create a confidential registry through which to issue identification cards to registered patients and registered caregivers; to provide certain defenses and other protections to registered patients, registered caregivers, and physicians from criminal liability and professional discipline for conduct authorized by this article; to authorize the operation of dispensaries to cultivate, grow, and dispense marijuana for medical use; to provide certain defenses and protections to dispensaries for conduct authorized by this article; to allow establishment of fees; to create criminal penalties; to provide for the promulgation of regulations and development of guidance and forms; and for other purposes; and to repeal article 4, chapter 53, title 44 relating to controlled substances therapeutic research.
H.3131 Representative G. Murrell Smith (R) CON reform and repeal To entitle the department of health and environmental control (dhec) to have access to certain data maintained by the revenue and fiscal affairs office; to amend section 13-7-10, as amended, relating to terms used in the “atomic energy and radiation control act”, so as to change the definition of “nonionizing radiation”; to amend section 13-7-45, as amended, relating to regulation of ionizing sources of radiation, so as to require accreditation or certification for certain medical equipment; to amend section 44-1-60, as amended, relating to the review of certificate of need decisions of dhec by the board of health and environmental control (board), so as to eliminate board review; to amend section 44-7-130, as amended, relating to certificate of need program definitions, so as to revise certain definitions; to amend section 44-7-150, as amended, relating to the use of certificate of need fees, so as to allow dhec to retain all fees collected; to amend section 44-7-160, as amended, relating to circumstances under which a certificate of need is required, so as to change certain requirements; to amend section 44-7-170, as amended, relating to certificate of need exemptions, so as to add new exemptions and make changes to existing exemptions; to amend section 44-7-180, as amended, relating to the state health plan, so as to eliminate the health planning committee and the role of the board in reviewing the plan; to amend sections 44-7-200 and 44-7-210, both as amended, and both relating to the certificate of need application review process, so as to change certain requirements; to amend section 44-7-220, as amended, relating to judicial review of a certificate of need decision, so as to provide for the award of attorney fees and costs and the right to file an offer of judgment; to amend section 44-7-230, as amended, relating to the one-year validity of a certificate of need, so as to eliminate the role of the board in granting extensions; to amend section 44-7-260, as amended, relating to licensing of health care facilities and services, so as to eliminate freestanding or mobile technology; to amend section 44-7-1590, relating to approval of hospital bonds, so as to change the right to challenge a dhec decision; to amend section 44-7-120, relating to the purpose of the certificate of need program, so as to change the stated purpose; by adding section 44-7-131 so as to provide definitions of terms used in article 3, chapter 7, title 44; by adding section 44-7-151 so as to establish duties of dhec under article 3, chapter 7, title 44; to amend section 44-7-320, as amended, relating to the authority of dhec under article 3, chapter 7, title 44, so as to delete references to certificates of need; to repeal section 44-7-225 relating to the state health plan, section 44-7-265 relating to freestanding or mobile technology, and sections 44-7-130, 44-7-150, 44-7-160, 44-7-170, 44-7-180, 44-7-190, 44-7-200, 44-7-210, 44-7-220, and 44-7-230 all relating to the certificate of need program; to rename article 3, chapter 7, title 44; to require the board to review certain projects for which a certificate of need was required but not obtained between july 1, 2013, and april 14, 2014, to determine whether the projects meet the requirements for issuance of a certificate of need, and to issue certificates of need in appropriate cases.
H.3323 Representative Tommy Stringer (R) Third Party Payment of Health Insurance Premiums To allow the payment of insurance premiums and other cost sharing by third parties on behalf of individuals insured by qualified health plans.
H.3438 Representative Bill Herbkersman Biosimilars A bill to amend section 39-24-20, code of laws of South Carolina, 1976, relating to definitions in the drug product selection act, so as to change the definition of “substitute” to include interchangeable biological products; to amend section 39-24-30, relating to the substitution of equivalent drugs, so as to allow a pharmacist to substitute an interchangeable biological product for a specific biological product; to amend section 39-24-40, as amended, relating to the substitution of prescriptions by pharmacists, so as to allow pharmacists to substitute interchangeable biological products when appropriate; to amend section 40-43-30, relating to definitions in the pharmacy practice act, so as to add definitions for “biological product” and “interchangeable”; and to amend section 40-43-86, relating in part to label requirements for prescriptions, so as to include interchangeable biological products and limit use of interchangeable biological products not approved by the federal food and drug administration, to require pharmacies to keep records of dispensed biological products, to require the board of pharmacy to have a database of all approved biological products, and to make conforming changes.
H.3443 Representative Jefferson (D) ACA Medicaid Expansion To amend the code of laws of South Carolina, 1976, by adding section 44-6-120 so as to provide that beginning January 1, 2018, an adult sixty-five years of age or younger whose income is at or below one hundred thirty-eight percent of the federal poverty level is eligible for Medicaid as provided for in the patient protection and affordable care act, and amendments to that act.
H.3488 Representative Bill Sandifer Electonic Notices for HealthInsurance Communications To amend the code of laws of South Carolina, 1976, by adding article 7 to chapter 55, title 38 so as to allow an insurer to deliver, store, or present evidence of insurance coverage by electronic means, to establish certain conditions that must be met before a notice or document may be delivered by electronic means, to require the party to verify or acknowledge receipt of the electronically delivered notice or document in certain circumstances, to provide that a withdrawal of consent does not affect the legal effectiveness, validity, or enforceability of the notice or document, to require an insurer to notify the party of certain privileges before sending additional notices or documents subject to consent to receive certain notices or documents, to allow for a party to electronically sign electronically delivered documents, to protect a producer from civil liability for any harm or injury that occurs as a result of a party’s election to receive a notice or document by electronic means, and to authorize the director to promulgate regulations to implement the provisions of this section.
H.3546 (S.276) Representative Anne Thayer (R) Direct Primary Care Agreements To establish that a direct primary care agreement is not a contract of insurance and not subject to regulation by the department of insurance, and to define the term direct primary care agreement.
H.3622 Representative Michael Ryhal (D) Podiatric Surgery To provide certain podiatric surgery must be performed in certain facilities, to provide a podiatrist who performs these procedures must meet certain criteria, to provide for the extension of professional privileges to these podiatrists by certain health facilities, to require health facilities in this state provide the right to pursue and practice full clinical and surgical privileges to podiatrists who meet certain criteria, to provide an ability to limit these privileges in certain circumstances, to provide this section does not require a health facility in this state to offer a specific health service not otherwise offered, and to provide that if the facility does offer a health service, it may not discriminate among certain health professionals authorized by law to provide these services; and to amend section 40-51-20, relating to definitions, so as to revise and add certain definitions.
H.3666 (S.354) Representative G. Murrell Smith Crisis Stabilization Centers, Licensure and CON Exemptions To amend section 44-7-130, as amended, Code of Laws of South Carolina, 1976, relating to definitions for the state certification of need and health facilities licensure act, so as to define “Crisis Stabilization Unit Facility”; to amend section 44-7-170, as amended, relating to the applicability of the certificate of need process to certain projects, so as to make the process inapplicable to crisis stabilization unit facilities; and to amend section 44-7-260, as amended, relating to requirements for licensure for health facilities, so as to require crisis stabilization unit facilities to obtain a license from the department of health and environmental control.
H.3747 Representative Nathan Ballentine (R) Autism Mandate Expansion, Ryan’s Law To amend the Code of Laws of South Carolina, 1976, so as to enact “Ryan’s Law”; to amend section 38-71-280, relating to insurance coverage for autism spectrum disorder treatments, so as to remove exclusions for certain types of insurance, to delete certain eligibility requirements.
H.3790 (S.427) Representative Shannon S. Erickson (R) South Carolina Intellectual Disability, Related Disabilities, Head Injuries, and Spinal Cord Injuries Act A bill to amend section 44-20-30, as amended, Code of Laws of South Carolina, 1976, relating to terms defined in the “South Carolina Intellectual Disability, Related Disabilities, Head Injuries, and Spinal Cord Injuries Act”, so as to add a definition for “autism spectrum disorder”; to amend section 38-71-280, relating to health insurance coverage for autism spectrum disorder, so as to make conforming changes; and to amend section 59-21-510, as amended, relating to special education programs, so as to make conforming changes.
H.3772 (S.345) Representative Gary Clary (R) Nursing Practice To amend the Code of Laws of South Carolina, 1976, by adding section 40-33-55 so as to provide certain nursing professionals may provide noncontrolled prescription drugs at entities that provide free medical services for indigent patients; by adding section 40-33-57 so as to provide certain nursing professionals may certify students as unable to attend school but who potentially may benefit from receiving instruction at home or in a hospital; by adding section 40-33-59 so as to provide that nurse practitioners and certified nurse midwives orally or in writing may refer a patient to a physical therapist for treatment; by adding section 40-33-61 so as to provide recipients and beneficiaries of certain assistance and services within the scope of practice of a nurse practitioner or certified nurse midwife may choose the providers from whom they receive such assistance and services; by adding section 40-33-63 so as to provide nurse practitioners and certified nurse midwives may pronounce death and sign death certificates;
H.3809 Representative Kirkman Finlay (R) 12 month contraception mandate To establish that an individual or group health insurance policy providing coverage for contraceptive drugs must provide reimbursement for a twelve-month refill of contraceptive drugs obtained at one time; and by adding section 44-6-120 so as to authorize the department of health and human services to make arrangements for all medicaid programs offered through managed care plans or fee-for-service programs to require the dispensing of contraceptive drugs with a twelve-month supply provided at one time.
H.4092 Representative Eric M. Bedingfield (R) Opioid Treatment To require medicaid health plans to ensure access to appropriate clinical services for the effective treatment of opioid use disorders, including access to medications.
H.4118 Representative James E. Smith (D) Hearing Aid Coverage for Children Act A bill to amend the code of laws of South Carolina, 1976, by adding section 38-71-48 so as to enact the “hearing aid coverage for children act”, to provide definitions, to require group health insurance and group health benefit plans to cover hearing aids and replacement hearing aids for an insured with impaired hearing and who is eighteen years of age or younger, to provide for the scope of coverage, and for other purposes.
H.4489 Representative Phyllis Henderson (R) Health To clarify that kidney disease treatment centers are exempt from certificate of need review requirements but are subject to licensing requirements; and to repeal section 44-7-310 relating to public access to health facility licensing information.
H.4490 Representative Cezar McKnight (D) Health To require manufacturers of diabetes prescription drugs to provide certain cost information to the department of health and environmental control, to require certain nonprofit organizations that receive funding from these manufacturers to compile reports addressing the funding received and make the information publicly available, to require the department of health and environmental control to post reported information on its publicly accessible website, and for other purposes; to amend section 38-71-46, relating to mandated insurance coverage for the treatment of diabetes, so as to require certain health insurance policies to provide notice in certificates of coverage and during open enrollment periods of available prescription drugs to treat diabetes and of the use of formularies; and to amend section 39-8-20, relating in part to the definition of a trade secret, so as not to include information provided by manufacturers of diabetes prescription drugs to the department of health and environmental control pursuant to chapter 39, title 44 as a trade secret.
H.4643 (S.0276) Representative Anne Thayer (R) Health To establish that a direct primary care agreement is not a contract of insurance and not subject to regulation by the department of insurance, and to define the term direct primary care agreement.
H.4655 (S.0856) Representative William Edward Sandifer (R) South Carolina DOI Cybersecurity Bill To define necessary terms; to require a licensee to develop, implement, and maintain a comprehensive information security program based on the licensee’s risk assessment and to establish certain requirements for the security program, to provide minimum requirements for a licensee’s board of directors, if applicable, to require a licensee to monitor the security program and make adjustments if necessary, to provide that the licensee must establish an incident response plan and to establish certain requirements for the incident response plan, to require a licensee to submit a statement to the director of the department of insurance annually; to establish certain requirements for a licensee in the event of a cybersecurity event; to require a licensee to notify the director of certain information in the event of a cybersecurity event; to grant the director the power and authority to examine and investigate a licensee; to provide that documents, materials, or other information in the control or possession of the department must be treated as confidential and to authorize the director to share or receive confidential documents under certain circumstances; to provide exemptions from the provisions of this chapter; to provide penalties for violations; and to authorize the director to promulgate regulations.
H.4839 Representative Raye Felder (R) Health To require health maintenance organizations, individual and group health insurance policies and insurance contracts issued beginning january 1, 2019, to provide coverage for certain tests for the early detection of cardiovascular disease; and to amend section 1-11-710, as amended, relating to the public employee benefit authority’s duty to make certain insurance plans available, so as to require the group health plan cover certain tests for the early detection of cardiovascular disease.
H.4911 (S.994) Representative Chip Huggins (R) Health To require that the group health plan cover cold cap and scalp cooling systems, beginning august 15, 2019.