Legislative Matters

The South Carolina General Assembly has concluded its work for 2016.We are pleased to report that the SCAHP was successful meeting all of its legislative goals.

We are setting forth below summaries and highlights of the most notable bills this year.

Bill Number Summary
H.3114 S.C. Pain-Capable Unborn Child Protection Act

Abortion-related limitations

H.3952 Emergency admission of person

Amends the law to include a person who may become gravely disabled if not immediately hospitalized, with amendments related to the examination under custody of a person requiring immediate hospitalization when examination is not otherwise possible as well as amendments related to the custody and transport of a person requiring immediate care, so as to require a state or local law enforcement officer with crisis intervention training and dressed in civilian clothes or an emergency medical technician to take into custody and transport the person to the hospital.

H.3999 Health care decisions

To change the process for certain relatives and other individuals to make these health care decisions, to add additional classes of persons with the authority to make these health care decisions, to require a bioethics committee to select certain decision makers, to enable certain decision makers to consult with a second physician before making a health care decision, to require that decisions to withhold or withdraw life-prolonging measures be reviewed by a bioethics committee, and to require certain documentation related to selection of a decision maker.

H.4542 Right to Try

Permits a manufacturer of an investigational drug, biological product, or device to make available to an eligible patient, and an eligible patient may request the drug, product, or device. A manufacturer may provide the investigational drug, biological product, or device to an eligible patient without receiving compensation or may require the eligible patient to pay the costs of, or the costs associated with, the manufacture. We specifically amended the proposed bill to make sure that insurers were not expected to provide coverage for either treatment or consequences.

H.4662 Interstate Insurance Product Compact

Re-enacts the compact retroactively to June 1, 2014

H.4773 Margy’s Law

To amend definitions related to emergency medical services so as not to resuscitate and to recognize “do not resuscitate bracelets.”

H.4999 Immunity from Liability for Providing Free Health Care Services

Provide that the services of a health care provider treating a patient free of charge are deemed to be within the scope of the good Samaritan statute; and, amends sections related to the liability of health care providers when providing free medical care, so as to require a written agreement of provision of the voluntary, uncompensated care and to allow the written agreement to be an electronic record.

H.5100 Emergency Medical Provider

Amends the definition of ’emergency medical provider’ to hospitals licensed by the South Carolina Department of Health and Environmental Control, hospital-based services, physicians licensed by the State Board of Medical Examiners, and oral surgeons and dentists licensed by the State Board of Dentistry who provide emergency medical care.  Adds and exemption for a policy which provides disability or income protection coverage, hospital confinement indemnity coverage, accident-only coverage, specified disease or specified accident coverage, long-term care coverage, vision-only coverage, or coverage issued as a supplement to Medicare.

H.5193 Opioid Drugs

Relates to prescriptions and standing orders for opioid antidotes, so as to authorize the prescription and dispensing of opioid antidotes pursuant to a non-patient-specific standing order in certain circumstances.

S.849 Generic Prescription Drugs

Sets provisions for establishment of MAC pricing lists, disclosures, and appeal processes.  Requires a PBM to make available to each network provider the sources utilized to determine the MAC pricing, to provide a process to readily access the MAC specific to that provider; to review and update MAC price information at least once every 7 business days; and to ensure that dispensing fees are not included in the calculation of maximum allowable cost.

S.1035 SC Telemedicine Act

Defines telemedicine as the practice of medicine using electronic communications, information technology, or other means including, but not limited to, secure videoconferencing or interactive audio using asynchronous store and forward transfer technology between a physician in one location and a patient in another location, with or without an intervening health care provider. Telemedicine does not include an audio-only telephone conversation, email or instant messaging conversation, or facsimile.  Allows providers to prescribe for a patient for whom a physician-patient relationship is established by telemedicine.

S.1036 State Board of Dentistry

The state board of dentistry may issue restricted dental auxiliary instructors’ licenses to dentists who meet certain requirements, to provide licensed dental auxiliary instructors may practice dentistry in limited circumstances associated with certain accredited dental auxiliary programs of technical colleges, and to provide for the renewal and revocation of restricted dental auxiliary licenses.

S.1037 Exemptions of Physicians Licenses

To expand the exemption to include team physicians of athletic teams visiting the state for a team training camp.