South Carolina H 3164: Insurance claims

Bill Text

2025-2026 Bill 3164 Text of Previous Version (Dec. 06, 2024) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3164

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 
38-59-235 SO AS TO PROVIDE HEALTH AND ACCIDENT INSURERS SHALL CONFIRM RECEIPT 
OF CERTAIN CLAIMS-RELATED INFORMATION BY UNITED STATES MAIL, EMAIL, OR FAX UPON 
REQUEST AND IN A CERTAIN MANNER; TO PROVIDE THE PROVISIONS OF THIS ACT PREVAIL 
OVER CONFLICTING PROVISIONS IN INSURANCE POLICIES OR OTHER INSURANCE CONTRACTS; 
AND TO PROVIDE PENALTIES FOR NONCOMPLIANCE.

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

SECTION 1. Article 2, Chapter 59, Title 38 of the S.C. Code is 
amended by adding:

 Section 
38-59-235. (A) A health and 
accident insurer that requests and receives claims-related information from one 
of its insureds or beneficiaries shall provide a confirmation of receipt to the 
insured or beneficiary in writing by United States mail, email, or fax, upon request 
and based on the preference of the insured or beneficiary. This confirmation 
must include the claim number and a confirmation number unique to that 
communication, and must be provided within seven days of receipt for 
information received by mail, facsimile, electronic transmission, or orally in 
person or by telephone.

 (B) 
To the extent the provisions of this section conflict with an insurance policy 
or other insurance contract, the provisions of this section must prevail.

 (C) 
Failure to comply with the provisions of this section constitutes an improper 
claim practice as defined in Section 38-59-20 and subject to penalties as 
provided in Section 38-2-10.

SECTION 2. This act takes effect upon approval 
by the Governor.

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This web page was last updated on December 06, 2024 at 10:37 AM