H 3164

South Carolina General Assembly
126th Session, 2025-2026
Bill 3164
Indicates Matter Stricken
Indicates New Matter
(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)
A bill
TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION
38-59-235 SO AS TO PROVIDE HEALTH AND ACCIDENT INSURERS SHALL CONFIRM RECEIPT
OF CERTAIN CLAIMS-RELATED INFORMATION BY UNITED STATES MAIL, EMAIL, OR FAX UPON
REQUEST AND IN A CERTAIN MANNER; TO PROVIDE THE PROVISIONS OF THIS ACT PREVAIL
OVER CONFLICTING PROVISIONS IN INSURANCE POLICIES OR OTHER INSURANCE CONTRACTS;
AND TO PROVIDE PENALTIES FOR NONCOMPLIANCE.
Be it enacted by the
General Assembly of the State of South Carolina:
SECTION 1.  Article 2, Chapter 59, Title 38 of the S.C. Code is
amended by adding:
    Section
38-59-235. (A) A health and
accident insurer that requests and receives claims-related information from one
of its insureds or beneficiaries shall provide a confirmation of receipt to the
insured or beneficiary in writing by United States mail, email, or fax, upon request
and based on the preference of the insured or beneficiary. This confirmation
must include the claim number and a confirmation number unique to that
communication, and must be provided within seven days of receipt for
information received by mail, facsimile, electronic transmission, or orally in
person or by telephone.
    (B)
To the extent the provisions of this section conflict with an insurance policy
or other insurance contract, the provisions of this section must prevail.
    (C)
Failure to comply with the provisions of this section constitutes an improper
claim practice as defined in Section 38-59-20 and subject to penalties as
provided in Section 38-2-10.
SECTION 2.  This act takes effect upon approval
by the Governor.
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This web page was last updated on December 06, 2024 at 10:37 AM