South Carolina H 3302: Voting machines

Bill Text

2025-2026 Bill 3302 Text of Previous Version (Dec. 06, 2024) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3302

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 ENACTing THE 
"STOP SURPRISE BILLS ACT" BY ADDING SECTION 38-71-292 SO AS TO PROHIBIT 
INSURERS AND HEALTHCARE PROVIDERS FROM ENGAGING IN SURPRISE BILLING; AND BY 
ADDING SECTION 39-5-45 SO AS TO MAKE IT AN UNFAIR TRADE PRACTICE FOR AN INSURER 
OR HEALTHCARE PROVIDER TO ENGAGE IN THE PRACTICE OF SURPRISE BILLING.

Whereas, 
it is the goal of the State of South Carolina to protect patients from 
"surprise bills" from medical providers; and

Whereas, surprise billing 
occurs when a patient unknowingly receives medical care from an out-of-network 
healthcare provider, either because of emergency treatment or because an 
out-of-network healthcare provider participated in or provided routine, 
scheduled care without the patient affirmatively choosing the receive out-of-network 
care; and

Whereas, it is against 
public policy for South Carolina citizens to receive exorbitant and unexpected 
medical bills, which frequently arrive even before the patient has recovered 
from the unplanned, emergency health crisis. Now therefore,

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

SECTION 1. This act may be cited as the "Stop Surprise Bills Act."

SECTION 2. Article 1, Chapter 71, Title 38 of the S.C. Code is 
amended by adding:

 Section 
38-71-292. (A) "Surprise bill" means a bill for 
healthcare services, including laboratory services and tests, received by an 
insured for services rendered by an out-of-network healthcare provider at an 
in-network facility, during a service or procedure performed by an in-network 
provider or during a service or procedure previously approved or authorized by 
the insurer and the insured did not knowingly elect to obtain services from an 
out-of-network provider. It also includes emergency services rendered at an out 
of network healthcare provider. "Surprise bill" does not include a bill for 
healthcare services received by an insured when an in-network healthcare 
provider is available to render such services and the insured knowingly elects 
to obtain services from an out-of-network healthcare provider.

 (B) 
No health insurer may impose a coinsurance, copayment, deductible, or other 
out-of-pocket expense for emergency services, including laboratory tests and 
services, rendered by an out-of-network healthcare provider that is greater 
than the coinsurance, copayment, deductible or other out-of-pocket expense that 
would be imposed if such emergency services were rendered by an in-network 
healthcare provider.

 (C)(1) If an insured receives emergency 
services, including laboratory tests and services, from an out-of-network 
healthcare provider, such healthcare provider may bill the insurer directly and 
the insurer must reimburse the healthcare provider the greatest of the 
following amounts:

 (a) 
the amount the insured's healthcare plan would pay for the same services if 
rendered by an in-network healthcare provider;

 (b) 
the usual, customary, and reasonable rate for the same services; or

 (c) 
the amount Medicare would reimburse for the same services.

 (2) 
Nothing in this subsection prohibits an insurer and out-of-network healthcare 
provider from agreeing to a greater reimbursement amount.

 (D) 
An insurer may not require prior authorization for the rendering of emergency 
services, including laboratory tests and services to an insured.

 (E) With 
respect to a surprise bill:

 (1) an 
insured only may be required to pay the applicable coinsurance, copayment, 
deductible, or other out-of-pocket expense that would be imposed for such 
healthcare services if such services were rendered by an in-network healthcare 
provider; and

 (2) 
an insurer must reimburse the out-of-network healthcare provider or insured, as 
applicable, for healthcare services rendered at the in-network rate under the 
insured's healthcare plan as payment in full, unless the insurer and healthcare 
provider agree otherwise.

 (F) 
It is an unfair trade practice in violation of Chapter 5, Title 39 for any 
healthcare provider, including a laboratory, to request from an insured payment 
other than the applicable coinsurance, copayment, deductible, or other out-of-pocket 
expenses that would be imposed for such healthcare services if the services 
were rendered by an in-network provider for:

 (1) 
emergency services covered under a healthcare plan and rendered by an out-of-network 
healthcare provider; or

 (2) 
surprise bill, as defined in subsection (A).

 (G) Within 
one year following the effective date of this section, the Department of 
Insurance must report to the Governor and the General Assembly on the