§ 38-33-10 Short title
§ 38-33-20 Definitions
§ 38-33-30 Necessity of certificate of authority; foreign corporation
§ 38-33-40 Issuance of certificate of authority; criteria and considerations; arrangements for participation of providers in each geographic area served
§ 38-33-50 Powers of health maintenance organization; notice prior to exercise of powers
§ 38-33-60 Members of governing body; advisory panels, etc
§ 38-33-70 Fiduciary relationship in handling of funds
§ 38-33-80 Enrollee entitled to evidence of coverage; contents of evidence of coverage; discontinuance or replacement of coverage; charges for services
§ 38-33-90 Statements and reports
§ 38-33-100 Financial requirements before issuance of certificate of authority to health maintenance organization
§ 38-33-110 Complaint procedures; reports; malpractice claims; applicability of Freedom of Information Act
§ 38-33-120 Investment of funds
§ 38-33-130 Security deposit; individual stop-loss coverage; provisions for unpaid claim liability; individual conversion policy
§ 38-33-140 Advertisements; application of provisions relating to trade practices; use of term “insurer” or “health maintenance organization”
§ 38-33-150 Agent for organization; exemption from licensing requirements
§ 38-33-160 Operation of health maintenance organization by insurance company; contracts for cost of care
§ 38-33-170 Examination of affairs of organization; quality of health care services; books and records; expense of examination; reports
§ 38-33-180 Suspension or revocation of certificate of authority
§ 38-33-190 Rehabilitation, liquidation, or conservation of a health maintenance organization; priorities
§ 38-33-200 Implementation of regulations
§ 38-33-210 Notification of grounds for denial, suspension or revocation of certificate of authority; hearings; judicial review
§ 38-33-220 Fees
§ 38-33-230 Levy of administrative penalty in lieu of revocation or suspension of certificate of authority; monetary penalty; notice and hearings; injunctions
§ 38-33-240 Application of provisions of insurance law or law relating to solicitation or advertising by health professionals; practice of medicine, dentistry or other healing profession
§ 38-33-250 Records of organization as public documents; trade secrets, etc
§ 38-33-260 Confidentiality of health records
§ 38-33-270 Contractual powers of Department to assist in investigative duties; assessments for consulting expenses
§ 38-33-280 Acquisition or exchange of securities of a health maintenance organization; merger or consolidation of HMO
§ 38-33-290 Participation by physician, podiatrist, optometrist, or oral surgeon as provided in HMO
§ 38-33-300 Liability for participation in quality of care or utilization review
§ 38-33-310 HMO may contract with out-of-state provider
§ 38-33-325 Obstetrician-gynecologist services; referrals; authorization for services; member notification of plan provisions

Terms Used In South Carolina Code > Title 38 > Chapter 33 - Health Maintenance Organizations

  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Basic health care services: means emergency care, inpatient hospital and physician care, and outpatient medical services. See South Carolina Code 38-33-20
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • deductible: means the amount specified in the evidence of coverage that the enrollee shall pay directly to the provider for covered health care services, which may be stated in either specific dollar amounts or as a percentage of the negotiated rate or lesser charge of the provider. See South Carolina Code 38-33-20
  • Department: means the Department of Insurance of South Carolina. See South Carolina Code 38-1-20
  • Designee or Deputy Director: means the person or person appointed by director, serving at his will and pleasure as his designee, to supervise and carry out the functions and duties of the department as provided by law. See South Carolina Code 38-33-20
  • Director: means the person who is appointed by the Governor upon the advice and consent of the Senate and who is responsible for the operation and management of the Department of Insurance, including all of its divisions. See South Carolina Code 38-33-20
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Employing entity: means a person employing one or more providers and agreeing to perform or provide a duty or function of the provider pursuant to this chapter, where the provider is prevented by contract with the employing entity or the employing entity's governing documents from performing such statutory duty or function individually. See South Carolina Code 38-33-20
  • Enrollee: means an individual who is enrolled in a health maintenance organization. See South Carolina Code 38-33-20
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Evidence of coverage: means a certificate, an agreement, or a contract issued to an enrollee setting out the coverage to which he is entitled. See South Carolina Code 38-33-20
  • Executor: A male person named in a will to carry out the decedent
  • Fiduciary: A trustee, executor, or administrator.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC
  • Health care services: means services included in furnishing an individual medical or dental care or hospitalization or incident to the furnishing of care or hospitalization, and other services to prevent, alleviate, cure, or heal human illness, injury, or physical disability. See South Carolina Code 38-33-20
  • Health maintenance organization: means a person who undertakes to provide or arrange for basic health care services to enrollees for a fixed prepaid premium. See South Carolina Code 38-33-20
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • insurance: includes annuities. See South Carolina Code 38-1-20
  • Insurer: includes a corporation, fraternal organization, burial association, other association, partnership, society, order, individual, or aggregation of individuals engaging or proposing or attempting to engage as principals in any kind of insurance or surety business, including the exchanging of reciprocal or interinsurance contracts between individuals, partnerships, and corporations. See South Carolina Code 38-1-20
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • License: means a document issued by the state's director or his designee authorizing a person to act as an insurance producer for the lines of authority specified in the document. See South Carolina Code 38-1-20
  • Lineal descendant: Direct descendant of the same ancestors.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means a natural or an artificial person including, but not limited to, individuals, partnerships, associations, trusts, or corporations. See South Carolina Code 38-33-20
  • Policy: means a contract of insurance. See South Carolina Code 38-1-20
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Premium: means payment given in consideration of a contract of insurance. See South Carolina Code 38-1-20
  • Provider: means a physician, dentist, hospital, or other person properly licensed, where required, to furnish health care services. See South Carolina Code 38-33-20
  • Statute: A law passed by a legislature.
  • Surety: includes insurance or a bond that covers obligations to pay the debts, or answer for the default, of another, including faithlessness in a position of public or private trust. See South Carolina Code 38-1-20
  • Trustee: A person or institution holding and administering property in trust.