Current Status Bill Number:4509 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19980127 Primary Sponsor:Davenport All Sponsors:Davenport and Lee Drafted Document Number:psd\7141ac.98 Residing Body:House Current Committee:Ways and Means Committee 30 HWM Subject:Emergency medical services, state funds not to be disbursed to hospital or facility refusing to provide treatment
Body Date Action Description Com Leg Involved
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House 19980127 Introduced, read first time, 30 HWM
referred to Committee
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-6-165 SO AS TO PROHIBIT THE DISBURSAL OF ANY STATE FUNDS, INCLUDING STATE MEDICAID FUNDS, TO A HOSPITAL OR HEALTH CARE FACILITY PROVIDING EMERGENCY MEDICAL SERVICES IF THE HOSPITAL OR HEALTH CARE FACILITY REFUSES TO PROVIDE TREATMENT TO A PERSON IN NEED OF MEDICAL CARE FOR AN EMERGENCY MEDICAL CONDITION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 44-6-165. (A) Notwithstanding any other provision of law, no state funds, including state Medicaid funds, may be disbursed or reimbursed to any hospital or health care facility providing emergency medical service if the hospital or health care facility refuses to provide treatment to a person who is in need of medical care for an emergency medical condition.
(B) For purposes of this section, 'emergency medical condition' means a medical condition manifesting itself by acute symptoms of sufficient severity, including severe pain, such that a prudent layperson who possesses an average knowledge of health and medicine could reasonably expect in the absence of immediate medical attention to result in:
(1) placing the health of the individual, or with respect to a pregnant woman, the health of the woman or her unborn child, in serious jeopardy;
(2) serious impairment to bodily functions; or
(3) serious dysfunction of any bodily organ or part."
SECTION 2. This act takes effect upon approval by the Governor.