reglab/housing_qa huggingface dataset:
SC Code § 38-90-580 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 90 - Captive Insurance Companies|Section 38-90-580. Tax rates and payment schedules.

 (A) A SPFC shall pay to the department by March first of each year, a tax at the rate of four-tenths of one percent on the first twenty million dollars and three-tenths of one percent on each dollar after that, subject to a minimum annual tax of five thousand dollars and a maximum annual tax of one hundred thousand dollars. Taxes are based upon the direct premiums written or contracted for on policies or contracts of insurance, other than reinsurance policies or contracts written by the SPFC, during the year ending December thirty-first next preceding, after deducting from the direct premiums subject to the tax the amounts paid to insureds as returned premiums which must include dividends on unabsorbed premiums or premium deposits returned or credited to insureds.  (B) A SPFC shall pay to the department by March first of each year, a tax at the rate of two hundred and twenty-five thousandths of one percent on the first twenty million dollars of assumed reinsurance premium, and one hundred fifty thousandths of one percent on the next twenty million dollars, and fifty thousandths of one percent on the next twenty million dollars, and twenty-five thousandths of one percent of each dollar after that, subject to a minimum annual tax of five thousand dollars and a maximum annual tax of one hundred thousand dollars. However, no reinsurance tax applies to premiums for risks or portions of risks which are subject to taxation on a direct basis, pursuant to subsection (A). A premium tax is not payable in connection with the receipt of assets in exchange for the assumption of loss reserves and other liabilities of another insurer under common ownership and control if the transaction is part of a plan to discontinue the operations of the other insurer and if the intent of the parties to the transaction is to renew or maintain business with the SPFC.  (C) Each protected cell of the SPFC must be taxed as if it is a separate and distinct SPFC.  (D) The tax provided in this section is the only tax collectible pursuant to the laws of this State from a SPFC and no other tax or occupation tax, nor any other taxes may be levied or collected from a SPFC by the State or a county, city, or municipality within this State, except ad valorem taxes on real and personal property used in the production of income.  HISTORY: 2004 Act No. 291, Section 28, eff July 29, 2004.
SC Code § 38-90-590 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 90 - Captive Insurance Companies|Section 38-90-590. Conditions for SPFC contract being granted credit for reinsurance treatment or otherwise qualifying as asset or reduction from liability for benefit of counterparty.

 A SPFC contract meeting the provisions of this article must be granted credit for reinsurance treatment or otherwise qualifies as an asset or a reduction from liability for reinsurance ceded by a domestic insurer to a SPFC as an assuming insurer pursuant to the provisions of Section 38-9-210 for the benefit of the counterparty, provided and only to the extent:  (1) of the fair value of the assets held in trust for, or irrevocable letters of credit issued by a bank chartered by this State or a member bank of the Federal Reserve System or as approved by the director, for the benefit of the counterparty under the SPFC contract;  (2) the assets are held in trust pursuant to the provisions of this article;  (3) the assets are administered in the manner and pursuant to arrangements as provided in this article; and  (4) the assets are held or invested in one or more of the forms allowed in Section 38-90-530.  HISTORY: 2004 Act No. 291, Section 28, eff July 29, 2004.
SC Code § 38-90-610 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 90 - Captive Insurance Companies|Section 38-90-610. Disclosure of information by director.

 Information submitted pursuant to the provisions of this article is confidential and may not be made public by the director or an agent or employee of the director without the prior written consent of the SPFC, except that:  (1) information submitted pursuant to the provisions of this article is discoverable by a party in a civil action or contested case to which the submitting SPFC is a party, upon a specific finding by the court that:  (a) the SPFC is a necessary party to the action and not joined only for the purposes of evading the confidentiality provisions of this article;  (b) the party seeking the information demonstrates by a clear and convincing standard that the information sought is relevant, material to, and necessary for the prosecution or defense of the claim asserted in the action; and  (c) the information sought is unavailable from other nonconfidential sources.  (2) The director may disclose the information to the public officer having jurisdiction over the regulation of insurance in another state if:  (a) the public official agrees in writing to maintain the confidentiality of the information; and  (b) the laws of the state in which the public official serves require the information to be confidential.  (3) The director may disclose the information to the securities commissioner if he:  (a) agrees in writing to maintain the confidentiality of the information; and  (b) is authorized under applicable securities law to request the information or the director is obligated to disclose the information.  HISTORY: 2004 Act No. 291, Section 28, eff July 29, 2004.
SC Code § 38-90-620 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 90 - Captive Insurance Companies|Section 38-90-620. Standards and criteria applicable in contested case brought by third party and certain actions by director.

 (A) A contested case brought by a third party based on a decision of the director pursuant to this article is governed by applicable law of the State of South Carolina except that, the third party shall:  (1) prove its case by a clear and convincing evidence standard;  (2) demonstrate irreparable harm to the SPFC or its counterparty, or both;  (3) show that there is no other adequate remedy at law; and  (4) post a bond of sufficient surety to protect the interests of the holders of the SPFC securities and policyholders but it may not be less than fifteen percent of the total amount of the securitized transaction.  (B) If a director reverses, amends, or modifies a license previously issued to a SPFC or an order made in connection with a license previously issued to a SPFC, the action must comply with the standards and criteria provided in subsection (A), unless the action in reversing, amending, or modifying the license is in conformance with the provisions of Section 38-90-570(B).  HISTORY: 2004 Act No. 291, Section 28, eff July 29, 2004; 2006 Act No. 332, Section 28, eff June 1, 2006.
SC Code § 38-90-630 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 90 - Captive Insurance Companies|Section 38-90-630. Promulgation of regulations.

 The director may promulgate regulations necessary to effectuate the purposes of this article. Regulations promulgated pursuant to this section do not affect a SPFC insurance securitization in effect at the time of the promulgation.  HISTORY: 2004 Act No. 291, Section 28, eff July 29, 2004.
SC Code § 38-93-20 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 93 - Privacy Of Genetic Information|Section 38-93-20. Applicability.

 This chapter applies to health insurance coverage offered in connection with an individual health plan, a group health plan, or a health benefit plan that is delivered, issued for delivery, or renewed in this State. Producers, agencies, and insurance support organizations are subject to the provisions of this chapter to the extent of their participation in the issue, reissue, or renewal of a policy or contract of health insurance coverage.  HISTORY: 2010 Act No. 217, Section 14, eff June 7, 2010.  Editor's Note  Prior laws: 1998 Act No. 369, 1; 1976 Code Section 38-93-50.
SC Code § 38-93-30 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 93 - Privacy Of Genetic Information|Section 38-93-30. Medical coverage and health insurance; restrictions or discrimination on basis of genetic information prohibited.

 (A) A health insurance issuer when issuing, renewing, or reissuing a policy or contract of health insurance coverage, on the basis of any genetic information obtained concerning an individual or a family member of the individual or on the individual's request for genetic services, with respect to the policy or contract, may not:  (1) terminate, restrict, limit, or otherwise apply conditions to coverage of an individual or restrict the sale to an individual;  (2) cancel or refuse to renew the coverage of an individual;  (3) exclude an individual from coverage or establish rules for eligibility, including continued eligibility, of an individual to enroll for coverage;  (4) impose a waiting period before commencement of coverage of an individual;  (5) impose a preexisting condition exclusion;  (6) require inclusion of a rider that excludes coverage for certain benefits or services; or  (7) adjust premium or contribution amounts or establish a differential in premium rates for coverage.  (B)(1) In the case of group health insurance coverage, a health insurance issuer is prohibited from adjusting premium or contribution amounts for the group covered under a policy or contract of group health insurance coverage on the basis of genetic information.  (2) Nothing in item (1) may be construed to limit the ability of an issuer offering group health insurance coverage to increase the premium for an employer based on the manifestation of a disease or disorder in an individual who is enrolled in the policy or contract of coverage. In this case, the manifestation of a disease or disorder in one individual may not be used as genetic information about other group members and to further increase the premium for the employer.  (C) In addition, discrimination must not be made in the fees or commissions of a producer or agency for an enrollment, application, or the renewal of coverage of an individual or group on the basis of an individual's genetic information.  HISTORY: 2010 Act No. 217, Section 14, eff June 7, 2010.  Editor's Note  Prior laws:1998 Act No. 369, Section 1; 1976 Code Section 38-93-20.
SC Code § 38-93-40 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 93 - Privacy Of Genetic Information|Section 38-93-40. Confidentiality; disclosure restrictions and exceptions.

 (A) All genetic information obtained before or after the effective date of this chapter must be confidential and must not be disclosed to a third party in a manner that allows identification of the individual tested without first obtaining the written informed consent of that individual or a person legally authorized to consent on behalf of the individual, except that genetic information may be disclosed without consent:  (1) as necessary for the purpose of a criminal or death investigation, a criminal or judicial proceeding, an inquest, or a child fatality review, or for purposes of the State DNA Database established by Section 23-3-610;  (2) to determine the paternity of a person pursuant to Section 63-17-30;  (3) pursuant to an order of a court of competent jurisdiction specifically ordering disclosure of the genetic information;  (4) where genetic information concerning a deceased individual will assist in medical diagnosis of blood relatives of the decedent;  (5) to a law enforcement or other authorized agency for the purpose of identifying a person or a dead body; or  (6) as specifically authorized or required by a state or federal statute.  (B) A health insurance issuer may not require an individual to consent to the disclosure of genetic information to the issuer as a condition for obtaining health insurance coverage.  HISTORY: 2010 Act No. 217, Section 14, eff June 7, 2010.  Editor's Note  Prior laws:1998 Act No. 369, Section 1; 1976 Code Section 38-93-30.
SC Code § 38-93-50 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 93 - Privacy Of Genetic Information|Section 38-93-50. Informed consent required for genetic test; exceptions.

 It is unlawful to perform a genetic test on an individual without first obtaining specific informed consent to the test from the individual, or a person legally authorized to consent on behalf of the individual, unless the test is performed:  (1) by or for a law enforcement agency in a criminal investigation or for the State DNA Database as provided in Sections 23-3-620 through 23-3-640;  (2) for purposes of identifying a person or a dead body;  (3) to establish paternity as provided by Section 63-17-30;  (4) pursuant to a statute or court order specifically requiring that the test be performed; or  (5) for diagnosis or treatment of the individual if performed by a clinical laboratory that has received a specimen referral from the individual's treating physician or another clinical laboratory. Nothing in this item may be construed so as to waive the requirement that the treating physician obtain specific informed consent in accordance with the provisions of this section.  HISTORY: 2010 Act No. 217, Section 14, eff June 7, 2010.  Editor's Note  Prior laws:1998 Act No. 369, Section 1; 1976 Code Section 38-93-40.
SC Code § 38-93-60 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 93 - Privacy Of Genetic Information|Section 38-93-60. Health insurance issuer may not request or require an individual or a family member of an individual to undergo a genetic test; exception.

 (A) A health insurance issuer may not request or require an individual or a family member of an individual to undergo a genetic test. However, nothing in this subsection may be construed so as to limit the authority of a health care professional who is providing health care services to an individual to request that the individual undergo a genetic test.  (B) Notwithstanding subsection (A), a health insurance issuer may request, but not require, that an individual or a family member of the individual undergo a genetic test if each of the following conditions is met:  (1) the request is made pursuant to research that complies with Part 46 of Title 45, Code of Federal Regulations, or equivalent federal regulations and any applicable state law or regulations for the protection of human subjects in research;  (2) the issuer clearly indicates to each individual, or a person legally authorized to consent on behalf of the individual, to whom the request is made that:  (i) compliance with the request is voluntary; and  (ii) noncompliance will have no effect on enrollment or coverage status or premium or contribution amounts;  (3) no genetic information collected or acquired under this chapter may be used for underwriting purposes;  (4) the issuer notifies the Secretary in writing that the issuer is conducting activities pursuant to the exception provided in this subsection, including a description of the activities conducted; and  (5) the issuer complies with other conditions as the secretary may require by regulation for activities conducted under this subsection.  HISTORY: 2010 Act No. 217, Section 14, eff June 7, 2010.
SC Code § 38-93-70 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 93 - Privacy Of Genetic Information|Section 38-93-70. Health insurance issuer may not request, require, or purchase genetic information for underwriting purposes; exception.

 (A)(1) A health insurance issuer may not request, require, or purchase genetic information for underwriting purposes.  (2) An issuer may not request, require, or purchase genetic information with respect to an individual before the individual's enrollment under the policy or contract of health insurance coverage.  (B) If an issuer obtains genetic information incidental to the requesting, requiring, or purchasing of other information concerning an individual, the request, requirement, or purchase may not be considered a violation of subsection (A)(2) if the request, requirement, or purchase is not a violation of subsection (A)(1).  HISTORY: 2010 Act No. 217, Section 14, eff June 7, 2010.
SC Code § 38-93-80 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 93 - Privacy Of Genetic Information|Section 38-93-80. Certain actions by health insurance issuers not precluded by chapter.

 Nothing in this chapter may be construed so as to preclude a health insurance issuer from:  (1) establishing rules for eligibility for an individual to purchase or enroll for individual coverage based on the manifestation of a disease or disorder in that individual or in a family member of the individual where the family member is covered under the policy or contract of individual health insurance coverage that covers the individual;  (2) adjusting premium or contribution amounts for an individual on the basis of a manifestation of a disease or disorder in that individual or in a family member of the individual where the family member is covered under the policy or contract of health insurance coverage that covers the individual. In this case, the manifestation of a disease or disorder in one individual must not be used as genetic information about other individuals covered under the policy or contract of health insurance coverage issued to the individual and to further increase premiums or contribution amounts;  (3) imposing a preexisting condition exclusion as otherwise permitted by law for an individual with respect to coverage under the policy or contract of health insurance coverage on the basis of a manifestation of a disease or disorder in that individual; or  (4) obtaining and using the results of a genetic test in making a determination regarding payment (as that term is defined for purposes of applying the regulations promulgated by the secretary under Part C of Title XI of the Social Security Act and Section 264 of HIPAA, as may be revised) consistent with the provisions of this chapter. However, the issuer may request only the minimum amount of information necessary to make a determination.  HISTORY: 2010 Act No. 217, Section 14, eff June 7, 2010.
SC Code § 38-93-90 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 93 - Privacy Of Genetic Information|Section 38-93-90. Violations.

 (A) A violation of this chapter, including a single instance of a prohibited practice, is an unfair trade practice pursuant to Chapter 57, Title 38 and is subject to the penalties as provided for in Chapter 57 and in Section 38-2-10. The director or his designee at any time may examine an issuer, producer, agency, or insurance support organization to enforce this chapter. The expense of examination must be paid by the issuer, producer, agency, or insurance support organization. If an issuer, producer, agency, or insurance support organization determines that the fees assessed are unreasonable in relation to the examination performed, the issuer, producer, agency, or insurance support organization may appeal the assessments to the Administrative Law Court. Examination fees must be retained by the department and are considered "other" funds.  (B) In addition, a violation of this chapter is an unfair trade practice as defined in Section 39-5-20 and is subject to the provisions of Sections 39-5-110 to 39-5-160.  (C) The penalties and enforcement provisions of subsections (A) and (B) are in addition to penalties and enforcement provisions of federal law, including those set forth in the Genetic Information Nondiscrimination Act of 2008, Public Law 110-233.  (D) An individual who is injured by a person's violation of this chapter may recover in a court of competent jurisdiction the following remedies:  (1) equitable relief, which may include a retroactive order, directing the person to provide health insurance appropriate to the injured individual under the same terms and conditions as would have applied had the violation not occurred; and  (2) an amount equal to any actual damages suffered by the individual as a result of the violation.  (E) The prevailing party in an action under this section may recover costs and reasonable attorney's fees.  HISTORY: 2010 Act No. 217, Section 14, eff June 7, 2010.  Editor's Note  Prior laws: 1998 Act No. 369, Section 1; 1976 Code Section 38-93-60.
SC Code § 38-95-30 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 95 - Interstate Insurance Product Regulation Compact|Section 38-95-30. Interstate Insurance Product Regulation Commission established; venue.

 (A) The compacting states are created and established as a joint public agency known as the "Interstate Insurance Product Regulation Commission". Pursuant to Section 38-95-40, the commission has the power to develop uniform standards for product lines, receive and provide prompt review of products filed with it, and give approval to those product filings satisfying applicable uniform standards. It is not intended that the commission be the exclusive entity for receipt and review of insurance product filings. This chapter does not prohibit an insurer from filing its product in a state in which the insurer is licensed to conduct the business of insurance, and that filing is subject to the laws of the state where filed.  (B) The commission is a body corporate and politic, and an instrumentality of the compacting states.  (C) The commission is solely responsible for its liabilities except as otherwise specifically provided by this chapter.  (D) Venue is proper and judicial proceedings by or against the commission may be brought only and exclusively in a court of competent jurisdiction where the principal office of the commission is located.  HISTORY: 2008 Act No. 339, Section 2, eff January 1, 2009; Reenacted by 2016 Act No. 161 (H.4662), Section 1, eff June 1, 2014.  Editor's Note  2016 Act No. 161, Section 1, provides as follows:  "SECTION 1. The Interstate Insurance Product Regulation Compact, as established by Section 2, Act 339 of 2008, and contained in Chapter 95, Title 38, and related provisions contained in Sections 1, 3, and 5, Act 339 of 2008, all are reenacted as provided in Act 339 of 2008, retroactive to June 1, 2014, when the act expired. The reporting requirements of Section 4, and the expiration provision of Section 6, Act 339 of 2008, are not reenacted."
SC Code § 38-95-60 (2021)
2021 South Carolina Code of Laws|Title 38 - Insurance|Chapter 95 - Interstate Insurance Product Regulation Compact|Section 38-95-60. Meetings and actions of commission.

 (A) The commission shall meet and take actions consistent with the provisions of this chapter and the bylaws.  (B) Each member of the commission has the right and power to cast a vote to which that compacting state is entitled and to participate in the business and affairs of the commission. A member shall vote in person or by other means provided in the bylaws. The bylaws may provide for members' participation in meetings by telephone or other means of communication.  (C) The commission shall meet at least once during each calendar year. Additional meetings must be held as set forth in the bylaws.  HISTORY: 2008 Act No. 339, Section 2, eff January 1, 2009; Reenacted by 2016 Act No. 161 (H.4662), Section 1, eff June 1, 2014.  Editor's Note  2016 Act No. 161, Section 1, provides as follows:  "SECTION 1. The Interstate Insurance Product Regulation Compact, as established by Section 2, Act 339 of 2008, and contained in Chapter 95, Title 38, and related provisions contained in Sections 1, 3, and 5, Act 339 of 2008, all are reenacted as provided in Act 339 of 2008, retroactive to June 1, 2014, when the act expired. The reporting requirements of Section 4, and the expiration provision of Section 6, Act 339 of 2008, are not reenacted."