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An Act to Amend Section 38-2-10, Code of Laws of South Carolina, 1976, Relating to Administrative Penalties for the Violation of the Insurance Laws of South Carolina, So as to Allow the Department of Insurance to Enforce These Penalties for Violations of Federal Insurance Laws Subject to Enforcement by the Department; to Amend Section 38-13-70, Relating to Investigations Conducted by the Department of Insurance, So as to Authorize the Department to Respond to Motions and Complaints Against Health Maintenance Organizations and Persons Licensed to Transact the Business of Insurance in This State and to Establish a Deadline for Responses to the Department's Inquiries; to Amend Section 38-33-170, Relating to the Examinations of the Affairs of a Health Maintenance Organization, So as to Require an Examination No Less Than Every Five Years; to Amend Section 38-33-230, Relating to Levy of Administrative Penalty in Lieu of Other Penalties, So as to Allow the Levy of an Administrative Penalty for Violations of State and Federal Insurance Laws Subject to Enforcement by the Department of Insurance; to Amend Section 38-61-20, Relating to the Approval of Insurance Policies, Contracts, or Policies by the Department of Insurance, So as to Require That All Forms Filed with the Department Satisfy All Applicable State and Federal Laws and to Authorize the Director to Impose a Penalty in Certain Circumstances; to Amend Section 38-71-90, Relating to the Penalties for Issuing or Delivering a Policy That Violates Chapter 71, So as to Extend the Penalties to Any Insurer or Health Maintenance Organization Who Violates Applicable State or Federal Laws Governing the Transaction of the Business of Insurance Subject to Enforcement by the Department of Insurance; and to Amend Sections 38-51-20 and 38-51-30, Relating to Administrators of Insurance Benefit Plans, So as to Provide That an Applicant for Licensure as an Administrator Must Provide Certain Financial Statements and Reports and Require

It became law on May 31, 2018.

SC H 4657 · H · 2017-2018

Stage
Became law
Sponsors
2
Latest action
May 31, 2018

Where it stands

  1. Introduced (Done)

  2. Committee (Done)

  3. Floor (Done)

  4. Law (Done)

    May 31, 2018

This bill passed and is now law.

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AN ACT TO AMEND SECTION 38-2-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATIVE PENALTIES FOR THE VIOLATION OF THE INSURANCE LAWS OF SOUTH CAROLINA, SO AS TO ALLOW THE DEPARTMENT OF INSURANCE TO ENFORCE THESE PENALTIES FOR VIOLATIONS OF FEDERAL INSURANCE LAWS SUBJECT TO ENFORCEMENT BY THE DEPARTMENT; TO AMEND SECTION 38-13-70, RELATING TO INVESTIGATIONS CONDUCTED BY THE DEPARTMENT OF INSURANCE, SO AS TO AUTHORIZE THE DEPARTMENT TO RESPOND TO MOTIONS AND COMPLAINTS AGAINST HEALTH MAINTENANCE ORGANIZATIONS AND PERSONS LICENSED TO TRANSACT THE BUSINESS OF INSURANCE IN THIS STATE AND TO ESTABLISH A DEADLINE FOR RESPONSES TO THE DEPARTMENT'S INQUIRIES; TO AMEND SECTION 38-33-170, RELATING TO THE EXAMINATIONS OF THE AFFAIRS OF A HEALTH MAINTENANCE ORGANIZATION, SO AS TO REQUIRE AN EXAMINATION NO LESS THAN EVERY FIVE YEARS; TO AMEND SECTION 38-33-230, RELATING TO LEVY OF ADMINISTRATIVE PENALTY IN LIEU OF OTHER PENALTIES, SO AS TO ALLOW THE LEVY OF AN ADMINISTRATIVE PENALTY FOR VIOLATIONS OF STATE AND FEDERAL INSURANCE LAWS SUBJECT TO ENFORCEMENT BY THE DEPARTMENT OF INSURANCE; TO AMEND SECTION 38-61-20, RELATING TO THE APPROVAL OF INSURANCE POLICIES, CONTRACTS, OR POLICIES BY THE DEPARTMENT OF INSURANCE, SO AS TO REQUIRE THAT ALL FORMS FILED WITH THE DEPARTMENT SATISFY ALL APPLICABLE STATE AND FEDERAL LAWS AND TO AUTHORIZE THE DIRECTOR TO IMPOSE A PENALTY IN CERTAIN CIRCUMSTANCES; TO AMEND SECTION 38-71-90, RELATING TO THE PENALTIES FOR ISSUING OR DELIVERING A POLICY THAT VIOLATES CHAPTER 71, SO AS TO EXTEND THE PENALTIES TO ANY INSURER OR HEALTH MAINTENANCE ORGANIZATION WHO VIOLATES APPLICABLE STATE OR FEDERAL LAWS GOVERNING THE TRANSACTION OF THE BUSINESS OF INSURANCE SUBJECT TO ENFORCEMENT BY THE DEPARTMENT OF INSURANCE; AND TO AMEND SECTIONS 38-51-20 AND 38-51-30, RELATING TO ADMINISTRATORS OF INSURANCE BENEFIT PLANS, SO AS TO PROVIDE THAT AN APPLICANT FOR LICENSURE AS AN ADMINISTRATOR MUST PROVIDE CERTAIN FINANCIAL STATEMENTS AND REPORTS AND REQUIRE | 52