S.C. Code Ann. Regs. 69-34
| A. | Table of Contents: | B | Purpose |
| C | Applicability and Scope | ||
| D | Effective Date | ||
| E | Policy Definitions | ||
| F | Prohibited Policy Provisions | ||
| G | Accident and Health Minimum Standards for Benefits | ||
| H | Required Disclosure Provisions | ||
| I | Severability |
E. Policy Definitions: Except as provided hereafter, no individual accident or health insurance policy or hospital, medical, or dental service corporation subscriber contract delivered or issued for delivery to any person in this state shall contain definitions respecting the matters set forth below unless such definitions comply with the requirements of this section.
(2) “Hospital” may be defined in relation to its status, facilities and available services or to reflect its accreditation by the Joint Commission on Accreditation of Hospitals.
(a) The definition of the term “hospital” shall not be more restrictive than one requiring that the hospital:
(b) The definition of the term “hospital” may state that such term shall not be inclusive of:
(3) “Convalescent Nursing Home,” “Extended Care Facility,” or “Skilled Nursing Facility” shall be defined in relation to its status, facilities, and available services.
(a) A definition of such home or facility shall not be more restrictive than one requiring that it:
(b) The definition of such home or facility may provide that such term shall not be inclusive of:
(4) “Accident,” “Accidental Injury,” “Accidental Means;” shall be defined to employ “result” language and shall not include words which establish an accidental means test or use words such as “external, violent, visible wounds” or similar words of description or characterization.
The definition shall not be more restrictive than the following: Injury or injuries, for which benefits are provided, means accidental bodily injury sustained by the insured person which is the direct cause of the loss, independent of disease or bodily infirmity or any other cause and which occurs while the insurance is in force.
Such definition may provide that injuries shall not include injuries for which benefits are provided under workmen’s compensation, employer’s liability or similar laws, motor vehicle no-fault plans, unless prohibited by law, or injuries occurring while the insured person is engaged in any activity pertaining to any trade, business, employment, or occupation for wage or profit.
(6) “Pre-existing condition” shall not be defined to be more restrictive than (a) or (b) as stated below. (a) shall apply where the insurer uses an application form designed to elicit the complete health history of a prospective insured and, on the basis of the answers on that application, underwrites in accordance with the insurer’s established standards. (b) shall apply where the insurer elects to use a simplified application, with or without a question as to the applicant’s health at the time of application, or elects not to use any application.
(9) Total Disability:
F. Prohibited Policy Provisions and Practices.
(2) No policy or rider for additional coverage may be issued as a dividend unless an equivalent cash payment or reduction in premium is offered to the policyholder as an alternative to such dividend policy or rider. No such dividend policy or rider shall be issued for an initial term of less than 6 months. This provision shall not be so construed as to prevent an insurer from voluntarily endorsing a policy so as to increase all future benefits without an increase in premium.
The initial renewal subsequent to the issuance of any policy or rider as a dividend shall clearly disclose that the policyholder is renewing the coverage that was provided as a dividend for the previous term and that such renewal is optional with the policyholder.
(6) No policy shall limit or exclude coverage by type of illness, accident, treatment, or medical condition more stringent than the following:
(d) illness, accident, treatment or medical condition arising out of:
G. Accident and Health Minimum Standards for Benefits.
(1) General Rules
(d) “Nonrenewable for stated reasons only” or “Conditionally Renewable” means all individual insurance which limits the insurer’s right of nonrenewal to reasons stated in the policy. The following are acceptable reasons, except that reasons 2 and 3 shall not be included in the same policy:
(2) Basic Hospital Expense Coverage: “Basic Hospital Expense Coverage” is a policy of accident and health insurance which provides coverage for a period of not less than thirty-one (31) days during any continuous hospital confinement for each person insured under the policy, for expense incurred for necessary treatment and services rendered as a result of accident or sickness for at least the following:
(3) Basic Medical-Surgical Expense Coverage: “Basic Medical-Surgical Expense Coverage” is a policy of accident and health insurance which provides coverage for each person insured under the policy for the expenses incurred for the necessary services rendered by a physician for treatment of an injury or sickness for at least the following:
(a) Surgical Services:
(b) Anesthesia services, consisting of administration of necessary general anesthesia and related procedures in connection with covered surgical service rendered by a physician other than the surgeon or the assistant surgeon performing the surgical services:
(5) Major Medical Expense Coverage: “Major Medical Expense Coverage” is an accident and health insurance policy which provides hospital, medical and surgical expense coverage, to an aggregate maximum of not less than $20,000.00; copayment by the covered person not to exceed 25% of covered charges; a deductible stated on a per person, per family, per illness, per benefit period, or per year basis, or a combination of such bases not to exceed 5% of the aggregate maximum limit under the policy, unless the policy is written to complement underlying hospital and medical insurance in which case such deductible may be increased to the amount of the benefits provided by such underlying insurance, for each covered person for at least:
(g) not fewer than three of the following additional benefits, prior to application of the copayment percentage, for an aggregate maximum of such covered charges of not less than $1,000:
(6) Disability Income Protection Coverage—This section does not apply to those policies providing business buyout coverage.
(b) Contains an elimination period no greater than:
“Disability Income Protection Coverage” is a policy which provides for periodic payments, weekly or monthly, for a specified period during the continuance of disability resulting from either sickness or injury or a combination thereof which:
(8) Specified Disease and Specified Accident Coverage
(a) “Specified disease coverage” pays benefits for the diagnosis and/or treatment of a specifically named disease or diseases. Any such policy must meet the following general rules of subsection 1. In addition, policies providing coverage on an expense-incurred basis must meet the standards of subsection 2, while policies providing coverage on an indemnity basis must meet the standards of subsection 3.
1. General Rules.
(ii) Any policy issued pursuant to this section which conditions payment upon pathological diagnosis of a covered disease, shall also provide that if such a pathological diagnosis is medically inappropriate, a clinical diagnosis will be accepted in lieu thereof.
(iii) Notwithstanding any other provision of this regulation, specified-disease policies shall provide benefits to any covered person not only for the specified disease(s) but also for any other condition(s) or disease(s), directly caused or aggravated by the specified disease(s) or the treatment of the specified disease(s).
(vi) Payments may be conditioned upon a covered person’s receiving medically necessary care, given in a medically appropriate location, under a medically accepted course of diagnosis or treatment.
(vii) Except for the uniform provision regarding other insurance with this insurer, benefits for specified disease coverage shall be paid regardless of other coverage.
(viii) After the effective date of the coverage (or applicable waiting period, if any) benefits shall begin with the first day of care or confinement if such care or confinement is for a covered disease even though the diagnosis is made at some later date. The retroactive application of such coverage may not be less than forty-five (45) days prior to such diagnosis.
The following rules shall apply to specified-disease coverages in addition to all other rules imposed by this regulation; in cases of conflict between the following and other rules, the following ones shall govern:
2. Expense-Incurred Policies.
(i) Coverage must be provided for each person insured under the policy for a specifically named disease (or diseases) with a deductible amount not in excess of $250.00 and an overall aggregate benefit limit of no less than $10,000 and a benefit period of not less than two (2) years for at least the following incurred expenses with no unreasonable inside limits:
3. Indemnity Policies.
Coverage must be provided for each person insured under the policy for a specifically named disease (or diseases) with no deductible amount, and an overall aggregate benefit limit of not less than $25,000 payable at a daily rate not expected to produce a claim payment less than that which would be produced by a policy paying $50 a day while confined in a hospital with a benefit period of 500 days.
The following minimum standards for benefits are prescribed for the categories of coverage noted in the following subsections. No individual policy of accident and health insurance or non-profit hospital, medical or dental service corporation contract shall be delivered or issued for delivery in this state which does not meet the required minimum standards for the specified categories unless the Commissioner finds that such policies or contracts serve a valid economic and social purpose and are approvable as Limited Benefit Health Insurance and the Outline of Coverage complies with the appropriate outline in section H(11) of this Regulation. Each such policy shall contain the words “LIMITED BENEFITS” or “LIMITED OR SUPPLEMENTAL BENEFITS” prominently displayed on the first page of the policy in boldface type or contrasting color.
Nothing in this section shall preclude the issuance of any policy or contract combining two or more categories of coverage set forth in Section 38-71-540(a).
H. Required Disclosure Provisions.
(1) General Rules
(f) Each accident only policy or a policy providing benefits for a specified disease only shall contain an appropriate prominent statement on the first page of the policy in boldface type or in contrasting color similar to the following, whichever is appropriate:
(k) Outlines of coverage delivered in connection with policies defined in this Regulation as Hospital Confinement Indemnity (G(4)), Specified Disease (G(8)), or Limited Benefit Health Insurance Coverages (G(9)) to persons eligible for Medicare by reason of age shall contain, in addition to the requirements of subsections H(6), H(10), and H(11), the following language which shall be printed on or attached to the first page of the outline of coverage:
This policy IS NOT A MEDICARE SUPPLEMENT policy. If you are eligible for Medicare, review the Medicare Supplement Buyer’s Guide furnished by the company.
(2) Outline of Coverage Requirements for Individual Coverages: No individual accident and health insurance policy or non-profit hospital, medical or dental service corporation subscriber contract subject to this regulation shall be delivered or issued for delivery in this State unless an appropriate outline of coverage, as prescribed in Section H(3) through (11) is completed as to such policy or contract, and the outline is either: (a) delivered with the policy; or (b) delivered to the applicant at the time application is made and acknowledgment of receipt or certification of delivery of such outline of coverage is provided to the insurer.
(b) for all other policies, the outline is either:
2. delivered to the applicant at the time application is made and acknowledgment of receipt or certification of delivery of such outline of coverage is provided to the insurer.
If an outline of coverage was delivered at the time of application and the policy or contract is issued on a basis which would require revision of the outline, a substitute outline of coverage properly describing the policy or contract must accompany the policy or contract when it is delivered and contain the following statement, in no less than twelve (12) point type, immediately above the company name: “NOTICE: Read this outline of coverage carefully. It is not identical to the outline of coverage provided upon application and the coverage originally applied for has not been issued.”
The appropriate outline of coverage for policies or contracts providing hospital coverage which only meets the standards of section G(2) shall be that statement contained in section H(3). The appropriate outline of coverage for policies providing coverage which meets the standards of both sections G(2) and (3) shall be the statement contained in section H(5). The appropriate outline of coverage for policies providing coverage which meets the standards of both sections G(2) and (5) or sections G(3) and (5) or sections G(2), (3), and (5) shall be the statement contained in section H(7).
An appropriate outline of coverage will be filed with each policy submitted for approval. In any case where the prescribed outline of coverage is inappropriate for the coverage provided by the policy or contract, an alternate outline of coverage shall be submitted to the Commissioner for prior approval.
(3) Basic Hospital Expense Coverage (Outline of Coverage): An outline of coverage, in the form prescribed below, shall be issued in connection with policies meeting the standards of section G(2) of this Regulation. The items included in the outline of coverage must appear in the sequence prescribed:
(c) (A brief specific description of the benefits, including dollar amounts and number of days duration where applicable, contained in this policy, in the following order:
4. other benefits, if any.)
(Note: The above description of benefits shall be stated clearly and concisely, and shall include a description of any deductible or copayment provision applicable to the benefits described.)
COMPANY NAME AND ADDRESS
LOCAL TELEPHONE NUMBER: ______ (if available) ______
BASIC HOSPITAL EXPENSE COVERAGE
Policy Form Number ______
OUTLINE OF COVERAGE
(4) Basic Medical-Surgical Expense Coverage (Outline of Coverage): An outline of coverage, in the form prescribed below, shall be issued in connection with policies meeting the standards of section G(3) of this Regulation. The items included in the outline of coverage must appear in the sequence prescribed:
(c) (A brief specific description of the benefits, including dollar amounts and number of days duration where applicable, contained in this policy, in the following order:
4. other benefits, if any.)
(Note: The above description of benefits shall be stated clearly and concisely, and shall include a description of any deductible or copayment provisions applicable to the benefits described.)
COMPANY NAME AND ADDRESS
LOCAL TELEPHONE NUMBER: ______ (if available) ______
BASIC MEDICAL-SURGICAL EXPENSE COVERAGE
Policy Form Number ______
OUTLINE OF COVERAGE
(5) Basic Hospital and Medical Surgical Expense Coverage (Outline of Coverage): An outline of coverage, in the form prescribed below, shall be issued in connection with policies meeting the standards of section G(2) and (3) of this Regulation. The items included in the outline of coverage must appear in the sequence prescribed.
(c) A brief specific description of the benefits, including dollar amounts and number of days duration where applicable, contained in this policy, in the following order:
7. other benefits, if any.)
(Note: The above description of benefits shall be stated clearly and concisely, and shall include a description of any deductible or copayment provision applicable to the benefits described.)
COMPANY NAME AND ADDRESS
LOCAL TELEPHONE NUMBER: ______ (if available) ______
BASIC HOSPITAL AND MEDICAL SURGICAL
EXPENSE COVERAGE
Policy Form Number ______
OUTLINE OF COVERAGE
(6) Hospital Confinement Indemnity Coverage (Outline of Coverage): An outline of coverage, in the form prescribed below, shall be issued in connection with policies meeting the standards of section G(4) of this Regulation. The items included in the outline of coverage must appear in the sequence prescribed:
(c) (A brief specific description of the benefits contained in this policy, in the following order:
2. duration of benefit described in (a).)
(Note: The above description of benefits shall be stated clearly and concisely.)
COMPANY NAME AND ADDRESS LOCAL TELEPHONE NUMBER: ______ (if available) ______
HOSPITAL CONFINEMENT INDEMNITY COVERAGE
Policy Form Number ______
OUTLINE OF COVERAGE
(7) Major Medical Expense Coverage (Outline of Coverage): An outline of coverage, in the form prescribed below, shall be issued in connection with policies meeting the standards of Section G(5) of this Regulation. The items included in the outline of coverage must appear in the sequence prescribed:
(c) (A brief specific description of the benefits, including dollar amount, contained in this policy, in the following order:
8. other benefits, if any.)
(Note: The above description of benefits shall be stated clearly and concisely, and shall include a description of any deductible or copayment provision applicable to the benefits described.)
COMPANY NAME AND ADDRESS
LOCAL TELEPHONE NUMBER ______ (if available) ______
MAJOR MEDICAL EXPENSE COVERAGE
Policy Form Number ______
OUTLINE OF COVERAGE
(8) Disability Income Protection Coverage (Outline of Coverage): An outline of coverage, in the form prescribed below, shall be issued in connection with policies meeting the standards of section G(6) of this Regulation. The items included in the outline of coverage must appear in the sequence prescribed:
(c) (A brief specific description of the benefits contained in this policy).
(Note: The above description of benefits shall be stated clearly and concisely.)
COMPANY NAME AND ADDRESS
LOCAL TELEPHONE NUMBER: ______ (if available) ______
DISABILITY INCOME PROTECTION COVERAGE
Policy Form Number ______
OUTLINE OF COVERAGE
(9) Accident Only Coverage (Outline of Coverage): An outline of coverage in the form prescribed below, shall be issued in connection with policies meeting the standards of section G(7) of this Regulation. The items included in the outline of coverage must appear in the sequence prescribed:
(c) (A brief specific description of the benefits contained in this policy.)
(Note: The above description of benefits shall be stated clearly and concisely, and shall include a description of any deductible or copayment provision applicable to the benefits described. Proper disclosure of benefits which vary according to accidental cause shall be made in accordance with subsection (1)(o) of section G of this Regulation.)
COMPANY NAME AND ADDRESS LOCAL TELEPHONE NUMBER: ______ (if available) ______
ACCIDENT ONLY COVERAGE
Policy Form Number ______
OUTLINE OF COVERAGE
(10) Specified Disease or Specified Accident Coverage (Outline of Coverage): An outline of coverage in the form prescribed below, shall be issued in connection with policies meeting the standards of section G(8) of this Regulation. The coverage shall be identified by the appropriate bracketed title. The items included in the outline of coverage must appear in the sequence prescribed:
(c) (A brief specific description of the benefits, including dollar amounts, contained in this policy.)
(Note: The above description of benefits shall be stated clearly and concisely, and shall include a description of any deductible or copayment provisions applicable to the benefits described. Proper disclosure of benefits which vary according to accidental cause shall be made in accordance with subsections (1)(o) of section G of this Regulation.)
COMPANY NAME AND ADDRESS
LOCAL TELEPHONE NUMBER: ______ (if available) ______
(SPECIFIED DISEASE) (SPECIFIED ACCIDENT) COVERAGE
Policy Form Number ______
OUTLINE OF COVERAGE
(11) Limited Benefit Health Coverage (Outline of Coverage): An outline of coverage, in the form prescribed below, shall be issued in connection with policies which do not meet the minimum standards of section G(2), (3), (4), (5), (6), (7), and (8) of this Regulation. The items included in the outline of coverage must appear in the sequence prescribed:
(c) (A brief specific description of the benefits, including dollar amounts, contained in this policy.)
(Note: The above description of benefits shall be stated clearly and concisely, and shall include a description of any deductible or copayment provisions applicable to the benefits described. Proper disclosure of benefits which vary according to accidental cause shall be made in accordance with subsection (1)(o) of section G of this Regulation.)
COMPANY NAME AND ADDRESS LOCAL TELEPHONE NUMBER: ______ (if available) ______ LIMITED BENEFIT HEALTH COVERAGE Policy Form Number ______ OUTLINE OF COVERAGE
(12) Limited Benefit Health Coverage (Outline of Coverage): An outline of coverage, in the form prescribed below, shall be issued in connection with policies which do not meet the minimum standards of section G(2), (3), (4), (5), (6), (7), and (8) of this Regulation. The items included in the outline of coverage must appear in the sequence prescribed:
(c) (A brief specific description of the benefits, including dollar amounts, contained in this policy.)
(Note: The above description of benefits shall be stated clearly a description of any deductible or copayment provisions applicable to the benefits described. Proper disclosure of benefits which vary according to accidental cause shall be made in accordance with subsection (1)(o) of section G of this Regulation.)
COMPANY NAME AND ADDRESS
LOCAL TELEPHONE NUMBER: ______ (if available) ______
LIMITED BENEFIT HEALTH COVERAGE
Policy Form Number ______
OUTLINE OF COVERAGE
1976 Code Sections 1-23-10 et seq., 38-3-110(2), 38-71-530, 38-71-540, 38-71-550
This regulation was adopted May 14, 1980.
HISTORY: Amended by State Register Volume 13, Issue No. 4, eff April 28, 1989.