South Carolina H 5399: TRIO day

Bill Text

2025-2026 Bill 5399 Text of Previous Version (Mar. 24, 2026) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 5399

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 38-71-270 SO AS TO PROHIBIT DISCRIMINATION IN INSURANCE 
POLICIES REGARDING HIV STATUS AND PREVENTION AND TO DEFINE TERMS.

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

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

 Section 
38-71-270. (A) In determining 
whether to issue, cancel, or renew insurance coverage, an insurer may not:

 (1) use age, marital status, 
geographic area of residence, occupation, sex, sexual orientation, gender 
identity or expression, or any similar factor or combination of factors for the 
purpose of seeking to predict whether any individual may in the future develop 
AIDS or ARC; or

 (2) take into consideration an 
individual's use of HIV prevention treatment when taken pursuant to a valid 
prescriber's order.

 (B) In determining rates, premiums, 
dues, assessments, benefits covered, or expenses reimbursable, or in any other 
aspect of insurance marketing or coverage, an insurer may not:

 (1) use age, marital status, 
geographic area of residence, occupation, sex, sexual orientation, gender 
identity or expression, or any similar factor or combination of factors for the 
purpose of seeking to predict whether any individual may in the future develop 
AIDS or ARC; or

 (2) take into consideration an 
individual's use of HIV prevention treatment when taken pursuant to a valid 
prescriber's order.

 (C) No health or disability insurance 
policy or contract issued in this State may contain any exclusion, reduction, 
other limitation of coverage, deductibles, or coinsurance provisions related to 
HIV prevention treatment or the care and treatment of AIDS, ARC, HIV infection, 
or any illness or disease arising from these medical conditions, unless the 
provisions apply generally to all benefits under the policy or contract.

 (D) A named insured who tests positive 
for AIDS, ARC, or HIV may appeal to the director to review the testing 
procedures and results, and may present additional medical evidence, including 
the results of similar tests for exposure to the probable causative agent of 
AIDS that the named insured independently obtains, to rebut the positive test 
results. If the director determines that the result of the test of the proposed 
insured is not a true positive, the director must order the insurer from which 
the applicant sought coverage to disregard the positive test result. The director 
must, when necessary, request the advice of the Director of Public Health in 
making this determination.

 (E) An insurer may not impose cost 
sharing, require prior authorization, or impose any medically unnecessary 
restrictions or delays for the coverage of HIV prevention services, PEP, or any 
formulation of PrEP.

 (F) No health plan issued in this 
State or insurer offering health insurance in this State may use prescription 
information indicating the use of HIV prevention treatment to medically 
underwrite premiums for specific enrollees.

 (G) For purposes of this section:

 (1) "Director" means the Director of 
the Department of Insurance.

 (2) "HIV prevention services" means medical 
services to prevent HIV and AIDS, including baseline assessments, initial and 
follow-up appointments and services, medication for the management of side 
effects associated with PrEP and PEP, and medication self-management or 
adherence counseling.

 (3) "HIV prevention treatment" means 
medical treatment used to prevent HIV, including PrEP, PEP, and HIV prevention 
services.

 (4) "PEP" means post-exposure 
prophylaxis antiretroviral medication approved by the FDA used to prevent HIV 
in a person without HIV who may have been recently exposed to HIV.

 (5) "PrEP" means pre-exposure 
prophylaxis antiretroviral medication approved by the U.S. Food and Drug 
Administration used to prevent HIV in a person without HIV.

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

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This web page was last updated on March 24, 2026 at 01:02 PM