South Carolina S 930: Workers' Com Commissioners

Bill Text

2025-2026 Bill 930 Text of Previous Version (Feb. 18, 2026) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 930

Indicates Matter Stricken
Indicates New Matter

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

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 
15-32-710 SO AS TO DEFINE TERMS RELATED TO CALCULATING MEDICAL EXPENSES FOR 
DAMAGE AWARDS; BY ADDING SECTION 15-32-720 SO AS TO PROVIDE THAT THE PLAINTIFF 
HAS THE BURDEN TO PROVE AMOUNT OF HIS DAMAGES ARISING FROM HEALTHCARE TREATMENT 
OR SERVICES; TO PROVIDE FOR THE EVIDENCE ALLOWED TO PROVE THE AMOUNT OF 
DAMAGES; TO PROVIDE FOR CERTAIN REQUIRED DISCLOSURES BY THE PLAINTIFF, AND TO 
PROVIDE THAT IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT THIS SECTION 
ABROGATES THE COMMON LAW COLLATERAL SOURCE RULE TO THE EXTENT NECESSARY TO 
INTRODUCE THE EVIDENCE DESCRIBED IN THIS ACT.

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

SECTION 1. Chapter 32, Title 15 of the S.C. Code is amended by 
adding:

Article 7

Calculating Medical Expenses for Damage Awards

 Section 
15-32-710. For the purposes of this article:

 (1) 
"Health insurance" means any third-party health or disability insurance, 
including but not limited to, arrangements with entities certified or 
authorized under federal law or under Chapter 38, state or federal health care 
benefit programs, workers compensation, and personal injury protection 
policies.

 (2) 
"Health care provider" means a physician, surgeon, osteopath, nurse, oral 
surgeon, dentist, pharmacist, chiropractor, optometrist, podiatrist, or similar 
category of licensed health care provider, including a health care practice, 
association, partnership, or other legal entity.

 (3) 
"Letter of protection" means any arrangement by which a health care provider 
renders treatment or services in exchange for a promise of payment for the 
claimant's medical expenses from any judgment or settlement of a civil action. 
The term includes any such arrangement, regardless of whether referred to as a 
letter of protection.

 Section 
15-32-720. (A) In any civil action 
to recover damages for health care treatment or services, the plaintiff has the 
burden of proof to offer evidence to prove the amount of the damages he 
claims. Damages for health care treatment or services shall be limited to the 
reasonable value of medically necessary care, and the amount of the damages 
shall be determined by the trier of fact.

 (B) Evidence 
offered to prove the amount of damages for health care treatment or 
services shall include the amounts charged or reasonably expected to be charged 
for past, present, or future health care treatment or services and:

 (1) 
if the claimant has any form of public or private health insurance, the 
amounts actually necessary to satisfy the charges pursuant to the insurance 
contract or applicable coverage, regardless of whether the health insurance has 
been used, is used, or will be used to satisfy the charges; or

 (2) 
if the claimant does not have health insurance, the amount the provider 
has agreed to accept in satisfaction of the charges or, in the absence of such an 
agreement, one hundred twenty percent of the Medicare reimbursement rate in 
effect on the date of the plaintiff's incurred health care treatment or 
services, or, if there is no applicable Medicare rate for a service, one 
hundred seventy percent of the applicable state Medicaid rate.

 (C) 
In any claim for health care expenses for treatment or services rendered 
under a letter of protection, the plaintiff must disclose:

 (1) a copy of the letter of 
protection;

 (2) all billings for the plaintiff's 
treatment or services expenses, which must be itemized and, to the extent 
applicable, coded according to generally accepted billing practices;

 (3) if the health care provider sells 
the accounts receivable for the plaintiff's health care expenses to a 
third party, then:

 (a) the name of the third party who 
purchased the accounts; and

 (b) the dollar amount for which the 
third party purchased the accounts including, but not limited to, any discount 
provided below the invoice amount;

 (4) whether the claimant, at the time 
the treatment or services were rendered, had health insurance and, if so, the 
identity of insurance carrier and details concerning the coverage provided for 
in the insurance policy; and

 (5) whether the claimant was 
referred for treatment or services under a letter of protection and, if so, the 
identity of the person who made the referral. If the referral is made by the 
claimant's attorney, disclosure of the referral does not fall within the 
attorney-client privilege, is required, and evidence of the referral is 
admissible. Under these circumstances, the financial relationship between an 
attorney or law firm and a health care provider, including the 
number of refe