South Carolina H 3249: South Carolina Dependent Maternity Coverage Act

Bill Text

2025-2026 Bill 3249 Text of Previous Version (Dec. 06, 2024) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3249

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 
"SOUTH CAROLINA DEPENDENT MATERNITY COVERAGE ACT" BY ADDING SECTION 38-71-142 
SO AS TO REQUIRE ALL HEALTH INSURERS OPERATING IN SOUTH CAROLINA THAT PROVIDE 
COVERAGE FOR DEPENDENTS UP TO AGE TWENTY-SIX TO INCLUDE MATERNITY CARE COVERAGE 
FOR THOSE DEPENDENTS, TO THE EXTENT NOT PREEMPTED BY FEDERAL LAW.

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

SECTION 1. This act may be cited as the "South Carolina Dependent Maternity 
Coverage Act."

SECTION 2. Article 5, Chapter 71, Title 38 of the S.C. Code is 
amended by adding:

 Section 
38-71-142. (A) The purpose of this 
section is to ensure that all health insurance plans covering dependents up to 
age twenty-six in this State include maternity care coverage, thereby expanding 
access to essential prenatal, delivery, and postpartum healthcare services for 
dependents who are pregnant. 

 (B) 
For purposes of this section:

 (1) 
"Health insurer" means any insurance provider authorized to operate in this 
State and offering health insurance policies, including hospital or medical 
expense insurance policies, health maintenance organizations (HMOs), and 
employer-based health plans subject to state regulation. 

 (2) 
"Dependent" means an individual up to age twenty-six who is covered under a 
health insurance plan by virtue of their relationship to the primary 
policyholder. 

 (3) 
"Maternity care" means medical services provided during pregnancy, childbirth, 
and the postpartum period including, but not limited to, prenatal care, labor 
and delivery services, and postpartum care. 

 (C) 
Requirement for Maternity Coverage for Dependents 

 (1) 
Maternity Coverage Mandate: 

 (a) 
All health insurers that offer coverage to dependents up to age twenty-six 
under any individual or group health insurance policy in this State must 
include maternity care coverage for such dependents.

 (b) 
Maternity care coverage under this section must include comprehensive prenatal, 
delivery, and postpartum care necessary to support a healthy pregnancy and 
childbirth. 

 (2) 
Scope of Coverage 

 (a) 
Maternity coverage provided under this section must apply to all healthcare 
facilities and providers within the insurer's network and must be consistent 
with the level of maternity care coverage provided to the primary policyholder. 

 (b) 
Coverage must include, but not be limited to, the following services: 

 (i) 
routine prenatal visits and examinations; 

 (ii) necessary laboratory and imaging 
tests; 

 (iii) labor and delivery services; 

 (iv) hospital stays related to 
childbirth; and

 (v) 
postpartum visits and support services.

 (3) 
Health insurers may not impose additional premiums, copays, or deductibles 
specifically for maternity care coverage for dependents, beyond what is 
standard for other covered healthcare services. 

 (D) 
Exceptions and Limitations

 (1) 
Federal law compliance: This section applies to all health plans subject to 
state regulation; however, it does not apply to plans exempt from state 
regulation under federal law, such as self-insured employer plans governed by 
the Employee Retirement Income Security Act (ERISA). 

 (2) 
Religious Exemption: Any health insurer that is a religiously affiliated 
organization may request an exemption from this requirement if the organization 
can demonstrate that such coverage directly conflicts with its religious 
beliefs. 

 (E) 
Enforcement and Penalties

 (1) 
Enforcement agency: 

 (a) 
The Department of Insurance is responsible for ensuring compliance with this 
section. 

 (b) 
The department shall establish a complaint and reporting process for 
individuals or policyholders who are denied dependent maternity care coverage 
as required by this section. 

 (2) 
Penalties for noncompliance: 

 (a) 
Health insurers found in violation of this section may be subject to penalties, 
including fines and sanctions, as determined by the department.

 (b) 
Any denied claims for dependent maternity care coverage in violation of this 
section must be promptly processed and paid by the insurer. 

 (F) 
The department shall submit an annual report to the General Assembly on the 
implementation of this section, including any challenges and recommendations 
for improving access to dependent maternity care. 

 (G) 
All new health insurance policies and renewals of existing policies issued on 
or after the effective date of this section must comply with the provisions of 
this section.

SECTION 3. If any section, subsection, 
paragraph, subparagraph, sentence, clause, phrase, or word of this act is for 
any reaso