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2024 South Carolina Code of Laws
Title 38 - Insurance
Chapter 79 - Medical Malpractice Insurance
Code Commissioner's Note
At the direction of the Code Commissioner, pursuant to the authority to codify permanent law, the provisions of Section 5 of 2016 Act No. 189 were codified as (B) of this Section, and former (B) was redesignated as (C).
Effect of Amendment
2016 Act No. 189, Sections 4, 5, in (A), added the paragraph identifier, and twice inserted "in writing, which may include use of an electronic medical record device,"; and added (B) and (C).
ARTICLE 1 General Provisions
- Section 38-79-20. Medical malpractice judgments, settlements, agreements and awards to be filed by insurers with appropriate licensing board.
- Section 38-79-30. Volunteer health care provider not liable for civil damages; agreements to provide voluntary noncompensated service; continuing education.
- Section 38-79-40. Employment and compensation restrictions on members of Board of Joint Underwriting Association and Board of Governors of Patients' Compensation Fund; exception.
- Section 38-79-110. Definitions.
- Section 38-79-120. Association created; membership as a condition of authority to transact insurance; purpose.
- Section 38-79-125. Members to pay assessment equal to member's proportional share of accumulated deficit of the association.
- Section 38-79-130. Powers of association; policy limits.
- Section 38-79-140. Plan of operation.
- Section 38-79-150. Application for coverage.
- Section 38-79-160. Reserved.
- Section 38-79-170. Investment income considered in rates and determination of profit or loss of Association.
- Section 38-79-180. Submission of all policy forms, classifications, rates, rating plans, or rules for approval.
- Section 38-79-190. Policy forms and rate structure; claims-made or occurrence basis; forbidden provisions; rates charged.
- Section 38-79-200. Rate increase or assessment authorized.
- Section 38-79-210. Deficits to be recouped.
- Section 38-79-220. Elimination of accumulated deficit; uniform assessment; surcharges.
- Section 38-79-230. Additional surcharge on premium; annual increase.
- Section 38-79-240. Plans to be binding on members of association.
- Section 38-79-250. Obligations of terminated members; responsibility of State.
- Section 38-79-260. Board of directors.
- Section 38-79-280. Annual statement required.
- Section 38-79-290. Examination of association; audit in lieu of examination.
- Section 38-79-300. Merger of Patients' Compensation Fund into South Carolina Medical Malpractice Association; obligations and responsibilities; accumulated deficits; Board of Directors.
Editor's Note
Section 38-79-400 provided that Article 5, Chapter 79, Title 38 must be repealed upon the merger of the Patient's Compensation Fund for benefit of licensed health care providers into the South Carolina Joint Underwriting Association. This merger occurred on January 1, 2020.
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