June 28, 2016

On May 12, 2016, Gov. Haley signed HB 5100 into law, creating Act 172. The law amends the South Carolina Access to Emergency Medical Care Act by revising the definition of an emergency medical provider and adding a provision excluding the Act’s application to certain insurance policies.

The Access to Emergency Medical Care Act places certain requirements (including notice and payment requirements) on HMOs as it relates to emergency services. Those requirements were put in place in 1998 and still exist. However, this legislative action expands the definition of “emergency medical provider” to include oral surgeons and dentists licensed by the State Board of Dentistry who provide emergency medical care.

In addition, a section was added establishing that the Act is not applicable to 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 Medicare-supplemental coverage.

These changes were effective on May 12, 2016; the date it was signed into law by the Governor. Please note that this change will not be applicable to employer plan sponsors unless they offer an HMO.

Act 172 »