reglab/housing_qa huggingface dataset:
SC Code § 38-71-2210 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 71 - Accident And Health Insurance|Section 38-71-2210. License requirement for pharmacy benefits managers.

 (A)(1) A person or organization may not establish or operate as a pharmacy benefits manager in this State for health benefit plans without obtaining a license from the Director of the Department of Insurance.  (2) The director shall prescribe the application for a license to operate in this State as a pharmacy benefits manager and may charge an initial application fee of one thousand dollars and an annual renewal fee of five hundred dollars, provided the pharmacy benefits manager application form must collect the following information:  (a) the name, address, and telephone contact number of the pharmacy benefits manager;  (b) the name and address of the pharmacy benefits manager's agent for service of process in the State;  (c) the name and address of each person with management or control over the pharmacy benefits manager;  (d) the name and address of each person with a beneficial ownership interest in the pharmacy benefits manager;  (e) a signed statement indicating that, to the best of their knowledge, no officer with management or control of the pharmacy benefit manager has been convicted of a felony or has violated any of the requirements of state law applicable to pharmacy benefits managers, or, if the applicant cannot provide such a statement, a signed statement describing the relevant conviction or violation; and  (f) in the case of a pharmacy benefits manager applicant that is a partnership or other unincorporated association, limited liability company, or corporation, and has five or more partners, members, or stockholders:  (i) the applicant shall specify its legal structure and the total number of its partners, members, or stockholders who, directly or indirectly, own, control, hold with the power to vote, or hold proxies representing ten percent or more of the voting securities of any other person; and  (ii) the applicant shall agree that, upon request by the department, it shall furnish the department with information regarding the name, address, usual occupation, and professional qualifications of any other partners, members, or stockholders who, directly or indirectly, own, control, hold with the power to vote, or hold proxies representing ten percent or more of the voting securities of any other person.  (3) An applicant or a pharmacy benefits manager that is licensed to conduct business in the State shall, unless otherwise provided for in this chapter, file a notice describing any material modification of this information.  (B) The director may promulgate regulations establishing the licensing and reporting requirements of pharmacy benefits managers consistent with the provisions of this article.  (C) The fees and penalties assessed pursuant to this article must be retained by the department for the administration of this chapter.  HISTORY: 2019 Act No. 48 (S.359), Section 1, eff January 1, 2021.
SC Code § 38-71-2220 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 71 - Accident And Health Insurance|Section 38-71-2220. No restrictions or penalties against pharmacy for disclosing certain information.

 (A) In any participation contracts between pharmacy benefits managers and pharmacists or pharmacies providing prescription drug coverage for health benefit plans, no pharmacy or pharmacist may be prohibited, restricted, or penalized in any way from disclosing to any covered person any health care information that the pharmacy or pharmacist deems appropriate within their scope of practice.  (B) A pharmacy or pharmacist must not be proscribed by a pharmacy benefits manager from discussing information regarding the total cost for pharmacist services for a prescription drug or from selling a more affordable alternative to the insured if a more affordable alternative is available, but a pharmacy benefits manager may proscribe a pharmacy or pharmacist from sharing proprietary or confidential information.  (C) A pharmacy benefits manager contract with a participating pharmacist or pharmacy may not prohibit, restrict, or limit disclosure of information to the director investigating or examining a complaint or conducting a review of a pharmacy benefits manager's compliance with the requirements pursuant to this act. The information or data acquired during an examination or review pursuant to this section is considered proprietary and confidential and is not subject to the South Carolina Freedom of Information Act.  HISTORY: 2019 Act No. 48 (S.359), Section 1, eff January 1, 2021.
SC Code § 38-71-2250 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 71 - Accident And Health Insurance|Section 38-71-2250. Enforcement of article; penalties.

 (A) The director shall enforce this article.  (B)(1) The director may examine or audit the books and records of a pharmacy benefits manager providing claims processing services or other prescription drug or device services for a health benefit plan that are relevant to determining if the pharmacy benefits manager is in compliance with this act. The pharmacy benefits manager shall pay the charges incurred in the examination, including the expenses of the director or his designee and the expenses and compensation of his examiners and assistants. The director or his designee promptly shall institute a civil action to recover the expenses of examination against a pharmacy benefits manager which refuses or fails to pay.  (2) The information or data acquired during an examination pursuant to this section is considered proprietary and confidential and is not subject to the South Carolina Freedom of Information Act.  (C) Violations of this article are subject to the penalties provided in Sections 38-2-10 through 38-2-30.  (D) The director may promulgate regulations regarding pharmacy benefits managers that are not inconsistent with this article.  HISTORY: 2019 Act No. 48 (S.359), Section 1, eff January 1, 2021.
SC Code § 38-71-2260 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 71 - Accident And Health Insurance|Section 38-71-2260. Construction and application.

 (A) Nothing in this act is intended or may be construed to be in conflict with existing relevant federal law.  (B) This article does not apply to the South Carolina Department of Health and Human Services in the performance of its duties in administering Medicaid under Titles XIX and XXI of the Social Security Act or to the Medicaid managed care organizations under contract with the South Carolina Department of Health and Human Services.  HISTORY: 2019 Act No. 48 (S.359), Section 1, eff January 1, 2021.
SC Code § 38-72-10 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 72 - Long Term Care Insurance Act|Section 38-72-10. Purpose

 The purpose of this chapter is to promote the public interest, to promote the availability of long term care insurance policies, to protect applicants for long term care insurance as defined from unfair or deceptive sales or enrollment practices, to establish standards for long term care insurance, to facilitate public understanding and comparison of long term care insurance policies, and to facilitate flexibility and innovation in the development of long term care insurance coverage.  HISTORY: 1988 Act No. 466, Section 1.
SC Code § 38-72-20 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 72 - Long Term Care Insurance Act|Section 38-72-20. Chapter not to supersede other insurance laws; exceptions; applications.

 This chapter is not intended to supersede the obligations of entities subject to this chapter to comply with the substance of other applicable insurance laws insofar as they do not conflict with this chapter, except that laws and regulations designed and intended to apply to medicare supplement insurance policies must not be applied to long term care insurance.  HISTORY: 1988 Act No. 466, Section 2; 1990 Act No. 409, Section 1.
SC Code § 38-72-30 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 72 - Long Term Care Insurance Act|Section 38-72-30. Short title.

 This chapter may be known and cited as the "Long Term Care Insurance Act".  HISTORY: 1988 Act No. 466, Section 3.
SC Code § 38-72-50 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 72 - Long Term Care Insurance Act|Section 38-72-50. Group long term care insurance policy must meet requirements of chapter to be offered in state.

 No group long term care insurance coverage may be offered to a resident of this State under a group policy issued in another state to a group described in Section 38-72-40(5)(d) unless this State or another state having statutory and regulatory long term care insurance requirements substantially similar to those adopted in this State has made a determination that the requirements have been met.  HISTORY: 1988 Act No. 466, Section 5.
SC Code § 38-72-65 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 72 - Long Term Care Insurance Act|Section 38-72-65. Recision of policy or denial of claim upon showing of misrepresentation; policy may be field issued; recovery of benefit payments; applicability to life policy provisions accelerating benefits for long term care.

 (A) For a policy or certificate that has been in force for less than six months, an insurer may rescind a long term care insurance policy or certificate or deny an otherwise valid long term care insurance claim upon a showing of misrepresentation that is material to the acceptance of coverage.  (B) For a policy or certificate that has been in force for at least six months but less than two years, an insurer may rescind a long term care insurance policy or certificate or deny an otherwise valid long term care insurance claim upon a showing of misrepresentation that is both material to the acceptance for coverage and which pertains to the condition for which benefits are sought.  (C) After a policy or certificate has been in force for two years, it is not contestable upon the grounds of misrepresentation alone; this policy or certificate may be contested only upon a showing that the insured knowingly and intentionally misrepresented relevant facts relating to the insured's health.  (D)(1) A long term care insurance policy or certificate may be field issued if the compensation to the field issuer is not based on the number of policies or certificates issued.  (2) For purposes of this section, "field issued" means a policy or certificate issued by a producer or a third party administrator pursuant to the underwriting authority granted to the producer or third party administrator by an insurer and using the insurer's underwriting guidelines.  (E) If an insurer has paid benefits under the long term care insurance policy or certificate, the benefit payments may not be recovered by the insurer if the policy or certificate is rescinded.  (F) If the insured dies, this section does not apply to the remaining death benefit of a life insurance policy that accelerates benefits for long term care. In this situation, the remaining death benefits under these policies are as provided by Section 38-63-220(d). In all other situations, this section applies to life insurance policies that accelerate benefits for long term care.  HISTORY: 2008 Act No. 274, Section 1, eff June 4, 2008.
SC Code § 38-72-67 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 72 - Long Term Care Insurance Act|Section 38-72-67. Offer of a nonforfeiture benefit; group long term care policies; promulgation regulations.

 (A) Except as provided in subsection (B), a long term care insurance policy may not be delivered or issued for delivery in this State unless the policyholder or certificate holder has been offered the option of purchasing a policy or certificate including a nonforfeiture benefit. The offer of a nonforfeiture benefit may be in the form of a rider that is attached to the policy. If the policyholder or certificate holder declines the nonforfeiture benefit, the insurer shall provide a contingent benefit upon lapse that must be available for a specified period of time following a substantial increase in premium rates.  (B) When a group long term care insurance policy is issued, the offer required in subsection (A) must be made to the group policyholder. However, if the policy is issued as group long term care insurance as defined in Section 39-72-40(5)(d) other than to a continuing care retirement community or other similar entity, the offering must be made to each proposed certificate holder.  (C) The director may promulgate regulations specifying the type or types of nonforfeiture benefits to be offered as part of long term care insurance policies and certificates, the standards for nonforfeiture benefits, and the rules regarding contingent benefit upon lapse, including a determination of the specified period of time during which a contingent benefit upon lapse will be available and the substantial premium rate increase that triggers a contingent benefit upon lapse as described in subsection (A).  HISTORY: 2008 Act No. 274, Section 1, eff June 4, 2008.
SC Code § 38-72-69 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 72 - Long Term Care Insurance Act|Section 38-72-69. License requirements; training.

 (A)(1) An individual may not sell, solicit, or negotiate long term care insurance unless the individual is licensed as an insurance producer for accident and health or life and has completed a one-time training course by July 1, 2009, and ongoing training every twenty-four months after that time. The training must meet the requirements provided in subsection (B).  (2) The training requirements of subsection (B) may be approved as continuing education courses under Section 38-43-106.  (B)(1) The one-time training required by this section must be no less than eight hours and the ongoing training required by this section must be no less than four hours.  (2) The training required under item (1) consists of topics related to long term care insurance, long term care services, and, if applicable, qualified state long term care insurance partnership programs including, but not limited to:  (a) state and federal regulations and requirements and the relationship between qualified state long term care insurance partnership programs and other public and private coverage of long term care services including Medicaid;  (b) available long term care services and providers;  (c) changes or improvements in long term care services or providers;  (d) alternatives to the purchase of private long term care insurance;  (e) the effect of inflation on benefits and the importance of inflation protection; and  (f) consumer suitability standards and guidelines.  (3) The training required by this section does not include training that is insurer or company product specific or that includes any sales or marketing information, materials, or training, other than those required by state or federal law.  (C)(1) An insurer subject to the provisions of this chapter shall obtain verification that a producer receives training required by subsection (A)(1) before a producer is permitted to sell, solicit, or negotiate the insurer's long term care insurance products, maintain records subject to the state's record retention requirements, and make that verification available to the director upon request.  (2) An insurer subject to the provisions of this chapter shall maintain records with respect to the training of its partnership policies that allows the Department of Insurance to provide assurance to the state Medicaid agency that producers have received the training contained in subsection (B)(2)(a) as required by subsection (A)(1) and that producers have demonstrated an understanding of the partnership policies and their relationship to public and private coverage of long term care, including Medicaid, in this State. These records must be maintained in accordance with the state's record retention requirements and must be made available to the director upon request.  (D) The satisfaction of these training requirements in any state are considered to satisfy the training requirements in this State.  HISTORY: 2008 Act No. 274, Section 1, eff June 4, 2008.
SC Code § 38-72-70 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 72 - Long Term Care Insurance Act|Section 38-72-70. Regulations.

 (A) The director may issue reasonable regulations to promote premium adequacy and to protect the policyholder if there is a substantial rate increase, and to establish minimum standards for producer education, marketing practices, producer compensation, producer testing, penalties, and reporting practices for long term care.  (B) Regulations adopted pursuant to this chapter must be in accordance with the provisions of Chapter 23, Title 1.  HISTORY: 1988 Act No. 466, Section 7; 2008 Act No. 274, Section 5, eff June 4, 2008.
SC Code § 38-72-80 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 72 - Long Term Care Insurance Act|Section 38-72-80. Severability; application of chapter.

 (A) If a provision of this chapter or the application of it to a person or circumstance is for any reason held to be invalid, the remainder of the chapter and the application of the provisions to other persons or circumstances is not affected.  (B) The requirements of this chapter apply to policies delivered or issued for delivery in this State on or after its effective date.  HISTORY: 1988 Act No. 466, Section 8; 2008 Act No. 274, Section 6, eff June 4, 2008.
SC Code § 38-72-90 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 72 - Long Term Care Insurance Act|Section 38-72-90. Penalties for violation of chapter.

 Any insurer violating any provision of this chapter is subject to the penalties provided for in Sections 38-5-120 and 38-5-130.  HISTORY: 1988 Act No. 466, Section 9.
SC Code § 38-72-100 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 72 - Long Term Care Insurance Act|Section 38-72-100. Long term care premiums excluded in determining contribution to cost of Medicaid services.

 Any premiums paid for long term care insurance must be excluded in determining the amount an individual must contribute towards the cost of any Medicaid services he receives.  HISTORY: 1988 Act No. 466, Section 10.
SC Code § 38-73-10 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 73 - Property, Casualty, Inland Marine, And Surety Rates And Rate-making Organizations|Section 38-73-10. Declaration of purpose; construction.

 (a) The purposes of this chapter are to:  (1) promote the public welfare by regulating insurance rates to the end that they may not be excessive, inadequate, or unfairly discriminatory and to authorize and regulate cooperative action among insurers in rate making and in other matters within the scope of this chapter;  (2) empower the director or his designee to fix, establish, and promulgate any uniform statistical plan necessary or appropriate to obtain all automobile insurance loss and loss adjustment expense experience, other expense experience, and all other appropriate statistical and financial data from insurers, rating organizations, and advisory organizations engaged in an automobile insurance business in this State to the end that the department shall promulgate the risk classification and territorial plans to be used by all insurers of automobile insurance in this State and in order that the director or his designee may test the risk and territorial differentials previously established against the most recently available loss experience;  (3) provide that investment income accruing to automobile insurers is taken into consideration in the approval of rates or premium charges and in the determination of any net loss incurred by the South Carolina Reinsurance Facility and to make provision for the securing by the department of all necessary or appropriate financial data for purposes of ascertaining and determining the investment income and the profits from realized and unrealized capital gains of each automobile insurer doing business in this State;  (4) provide for reasonable competition for commercial property and casualty insurers of insureds who make large purchases of insurance.  Nothing in this chapter is intended to prohibit or discourage reasonable competition.  (b) This chapter must be liberally interpreted to carry into effect the purposes of this chapter.  HISTORY: Former 1976 Code Section 38-43-10 [1947 (45) 322; 1952 Code Section 37-651; 1962 Code Section 37-651] recodified as Section 38-73-10 by 1987 Act No. 155, Section 1; 1989 Act No. 148, Section 6; 1993 Act No. 181, Section 783; 2000 Act No. 235, Section 5.
SC Code § 38-73-20 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 73 - Property, Casualty, Inland Marine, And Surety Rates And Rate-making Organizations|Section 38-73-20. Scope of chapter.

 (a) This chapter applies to (1) fire and allied lines and inland marine insurance, as defined in Section 38-73-310 and (2) casualty insurance, including fidelity, surety, and guaranty bonds, and to all other forms of automobile insurance, in either case on risks located or operations in this State. However, Article 3 and Article 5 of this chapter apply only to the respective classes of insurance as stated in Sections 38-73-310 and 38-73-410.  (b) This chapter does not apply to:  (1) reinsurance, other than joint reinsurance to the extent stated in Article 15 of this chapter;  (2) insurance of vessels or craft or their cargoes, marine builders' risks, marine protection and indemnity, or other risks commonly insured under marine, as distinguished from inland marine, insurance policies;  (3) accident and health insurance;  (4) insurance against loss of or damage to aircraft or against liability arising out of the ownership, maintenance, or use of aircraft; or  (5) life insurance.  HISTORY: Former 1976 Code Sections 38-43-20 [1947 (45) 322; 1952 Code Section 37-652; 1962 Code Section 37-652] and 38-43-30 [1947 (45) 322; 1952 Code Section 37-653; 1962 Code Section 37-653] recodified as Section 38-73-20 by 1987 Act No. 155, Section 1; 1993 Act No. 181, Section 783.
SC Code § 38-73-30 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 73 - Property, Casualty, Inland Marine, And Surety Rates And Rate-making Organizations|Section 38-73-30. Insurance subject to dual regulation.

 If any kind of insurance, subdivision, or combination thereof or type of coverage subject to this chapter is also subject to regulation by another rate regulatory act of this State or other law of this State, an insurer to which the other act or law and this chapter are otherwise applicable shall file with the department a designation as to which rate regulatory chapter or act or law is applicable to it with respect to that kind of insurance, subdivision, or combination thereof or type of coverage.  HISTORY: Former 1976 Code Section 38-43-40 [1947 (45) 322; 1952 Code Section 37-654; 1962 Code Section 37-654] recodified as Section 38-73-30 by 1987 Act No. 155, Section 1; 1993 Act No. 181, Section 783.