South Carolina General Assembly
113th Session, 1999-2000

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Bill 4934


                    Current Status

Bill Number:                      4934
Ratification Number:              471
Act Number:                       400
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  20000413
Primary Sponsor:                  Kelley
All Sponsors:                     Kelley
Drafted Document Number:          l:\council\bills\psd\7192ac00.doc
Companion Bill Number:            1306
Date Bill Passed both Bodies:     20000621
Date of Last Amendment:           20000621
Governor's Action:                S
Date of Governor's Action:        20000912
Subject:                          Continuing Care Retirement Community Act, 
                                  contracts; Residential Care Facilities, Aging, 
                                  Prescription drugs, Pharmacies


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
------  20000920  Act No. A400
------  20000912  Signed by Governor
------  20000622  Ratified R471
------  20000622  Scrivener's error corrected
House   20000621  Conference Committee Report            98 HCC
                  adopted, enrolled for
                  ratification
Senate  20000620  Conference Committee Report adopted    88 SCC
House   20000601  Conference powers granted,             98 HCC  Kelley
                  appointed Reps. to Committee of                M. Hines
                  Conference                                     Wilder
Senate  20000601  Conference powers granted,             88 SCC  McConnell
                  appointed Senators to Committee                Reese
                  of Conference                                  Rankin
Senate  20000601  Insists upon amendment
House   20000601  Non-concurrence in Senate amendment
Senate  20000601  Read third time, returned to House
                  with amendment
Senate  20000531  Amended, read second time
Senate  20000524  Recalled from Committee,               02 SBI
                  placed on the Calendar
Senate  20000518  Introduced, read first time,           02 SBI
                  referred to Committee
House   20000518  Read third time, sent to Senate
House   20000517  Read second time
House   20000504  Recalled from Committee                27 H3M
------  20000418  Companion Bill No. 1306
House   20000413  Introduced, read first time,           27 H3M
                  referred to Committee


              Versions of This Bill
Revised on May 4, 2000 - Word format
Revised on May 24, 2000 - Word format
Revised on May 31, 2000 - Word format
Revised on June 21, 2000 - Word format
Revised on June 22, 2000 - Word format

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A400, R471, H4934)

AN ACT TO AMEND SECTION 37-11-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITION OF TERMS USED IN THE "STATE CONTINUING CARE RETIREMENT COMMUNITY ACT", SO AS TO REVISE THE DEFINITION OF "CONTINUING CARE CONTRACT" SUCH THAT ONLY THOSE COMMUNITIES THAT REQUIRE THE PAYMENT OF AN ENTRANCE FEE OR OTHER FEE IN RETURN FOR A PROMISE OF FUTURE CARE ARE SUBJECT TO THE PROVISIONS OF THE ACT; TO AMEND SECTION 37-11-135, RELATING TO EXEMPTIONS FROM CERTAIN PROVISIONS OF THE ACT, SO AS TO EXEMPT CONTINUING CARE RETIREMENT COMMUNITIES FROM ALL PROVISIONS OF THE ACT IF PAYMENT OF AN ENTRANCE FEE IS NOT REQUIRED; AND TO ADD SECTION 37-17-10 SO AS TO MAKE IT UNLAWFUL TO SELL, MARKET, PROMOTE, ADVERTISE, OR DISTRIBUTE A CARD OR OTHER DEVICE WHICH IS NOT INSURANCE BUT WHICH OFFERS DISCOUNTS ON PRESCRIPTION DRUG PURCHASES UNLESS CERTAIN CONDITIONS ARE MET, INCLUDING REGISTRATION WITH THE DEPARTMENT OF INSURANCE AND TO PROVIDE PENALTIES AND EXCEPTIONS.

Be it enacted by the General Assembly of the State of South Carolina:

Definition revised

SECTION 1. Section 37-11-20(6) of the 1976 Code, as added by Act 97 of 1989, is amended to read:

"(6) 'Continuing care contract' means a contract to provide board or lodging together with nursing, medical, or other health-related services:

(a) to a person sixty-five years of age or older at the time the contract is signed or purchased; or

(b) which provides for services for the life of the person or for more than one year, including mutually terminable contracts; and

(c) which requires payment of an entrance fee or other fee in return for a promise of future care."

Exemption revised

SECTION 2. Section 37-11-135 of the 1976 Code, as added by Act 19 of 1995, is amended to read:

"Section 37-11-135. A continuing care retirement community which does not require payment of an entrance fee is exempt from the requirements of this chapter."

Discount drug cards

SECTION 3. The 1976 Code is amended by adding:

"Section 37-17-10. (A) It is unlawful for a person to sell, market, promote, advertise, or distribute a card or other purchasing mechanism or device which is not insurance that purports to offer discounts or access to discounts from pharmacies for prescription drug purchases unless:

(1) the person is registered with the Department of Insurance for this express purpose;

(2) the card or other purchasing mechanism or device expressly states in bold and prominent type, prominently placed, that the discounts are not insurance;

(3) documentation is provided to the Department of Insurance that the discounts are specifically authorized and the person has a separate contract with each pharmacy or pharmacy chain listed in conjunction with the card or other purchasing mechanism or device; and

(4) the discounts or access to discounts offered, or the range of discounts or access to the range of discounts offered, are not misleading, deceptive, or fraudulent.

(B) A person who sells, markets, promotes, advertises, or distributes a card or other purchasing mechanism or device which is not insurance that purports to offer discounts or access to discounts from pharmacies for prescription drug purchases in this State shall designate a resident of this State as an agent for service of process and register the agent with the Secretary of State.

(C)(1) A person who violates subsection (A) is guilty of a misdemeanor and upon conviction must be imprisoned for not more than six months or fined not more than one thousand dollars, or both; for a second or subsequent violation a person must be imprisoned for not more than two years or fined not more than five thousand dollars, or both.

(D) This section does not apply to:

(1) a pharmacy holding a permit issued pursuant to Title 40, Chapter 43;

(2) eye or vision care services or glasses or contact lenses provided by an optometrist or ophthalmologist;

(3) an insured benefit administered by a health insurer, health care service contractor, or health maintenance organization; or

(4) an insured benefit administered by, or under contract with, the State of South Carolina.

(E) For purposes of this section, 'person' means an individual, corporation, partnership or any other business entity, including but not limited to, a health maintenance organization, an insurance company, or a third party payor.

Time effective

SECTION 4. This act takes effect upon approval by the Governor.

Ratified the 22nd day of June, 2000.

Approved the 12th day of September, 2000.

__________


This web page was last updated on Wednesday, December 9, 2009 at 9:31 A.M.