State Legislation
South Carolina
CorVel has provided workers’ compensation management services to South Carolina employers for more than 30 years. Our approach is that all injured workers need quality healthcare and compassionate guidance from someone who is familiar with their case. CorVel provides personalized attention, along with the expertise needed to help speed return to work, while ensuring patients understand and follow treatment plans and get their questions answered quickly. All so that recovery can continue and life can get back on track.
Our comprehensive return to work program ensures collaboration and communication with all interested parties including the injured worker, employer, human resources, medical and safety teams, and healthcare providers. We use technology, compassionate case management for employees and cost containment measures, to give South Carolina employers a superior program.
As a service to our clients, CorVel is providing links to information related to the COVID-19 pandemic provided by the states.
South Carolina released Bill 1188 in response to the COVID-19 outbreak.
- Legislature Status: Legislature reconvened for a brief session on Wednesday, April 8 to extend current spending levels for state government until lawmakers are able to negotiate a longer-term plan after the threat from the coronavirus pandemic passes.
Legislation
- SB 1161 Requires all individual and group health insurance plans, health maintenance organizations and the state health plans to waive cost sharing requirements associated with testing for COVID-19 and to define applicable terms. Pending.
- SB 1188 Relates to property insurance; provides that every policy of insurance in force in this state insuring against loss or damage to property, notwithstanding the terms of the policy and including any endorsement thereto or exclusions to coverage included therewith, that includes a loss of use and occupancy, or business interruption, shall be construed to include, among the covered perils under the policy, coverage for business interruption directly or indirectly resulting from the coronavirus pandemic. Pending.
- HB 3411 Makes general appropriations; authorizes certain bodies to receive funds directly from the federal government in response to COVID-19; establishes the Coronavirus Relief fund; appropriates $20 million to the Disaster Trust Fund; appropriates $180 million to the COVID-19 Response Reserve account established by the State Treasurer; authorizes the Governor to direct necessary expenditures, including those to underwrite the cost for protecting the health and safety of voters and poll workers; authorizes the Superintendent of Education to exercise certain emergency powers in response to COVID-19; and relates to flexibility for state agencies and institutions of higher learning. Pending.
- HB 4014 Makes a supplemental appropriation of $45 million to the Executive Budget Office for use by the Department of Health and Environmental Control for the state’s response to COVID-19. Enacted.
- HB 5417 Memorializes the United States Congress to refrain from increasing federal unemployment taxes until a specified date. Pending.
- HB 5419 Prohibits a magistrate or circuit court from commencing an eviction proceeding for the nonpayment of rent within a certain number of days grace period. Pending.
- HB 5452 Requires the Department of Health and Environmental Control to ensure testing prioritization for first responders who present with symptoms of coronavirus. Pending.
South Carolina Regulatory Updates 6/3/2021
SB 94 – A Bill to Amend Section 42-1-160 of the 1976 Code, Relating to Injury and Personal Injury In Workers’ Compensation, to Provide That a Limitation on Stress, Mental Injuries, and Mental Illness For Workers’ Compensation Does Not Apply to a First Responder Diagnosed With Post-Traumatic Stress Disorder, and to Define Necessary Terms.
Issues: Workers’ Compensation (General), Workers’ Compensation (Medical Coverage And Reimbursement)
Summary:
This measure amends South Carolina code to provide that limitations on stress, mental injuries, and mental illness for workers’ compensation will not apply to a first responder diagnosed with PTSD. This measure applies to paid and volunteer law enforcement officers, firefighters, emergency medical technicians, and paramedics employed by state or local government. This measure provides that first responders are not subject to limitations on coverage for stress, mental injuries, and mental illness arising out of and in the course of employment unaccompanied by physical injury and resulting in mental illness or injury. This applies regardless of if the mental illness arises from an extraordinary or unusual event or from the normal working conditions of the first responder’s employment. This measure lists what qualifies as a “significant traumatic experience or situation.” This measure does not outline any rulemaking or enforcement mechanisms. This measure will take effect on July 1, 2021, and will apply to injuries that occur on or after that date.
Most Recent Update:
5/13/2021 This measure is eligible to be carried over to the 2022 Legislative Session. In South Carolina, the Legislature’s rules allow for measures to be carried over from the first to the second regular session of the same General Assembly. The status of each measure will be the same at the beginning of each second session as it was immediately before adjournment of the previous regular or special session. Only General Appropriation bills, Capital Reserve Fund Resolutions, Continuing Resolutions, and Vetoed bills will be eligible for consideration during South Carolina’s special session.
South Carolina Regulatory Updates 4/2/2021
SB 94 – A Bill to Amend Section 42-1-160 of the 1976 Code, Relating to Injury and Personal Injury In Workers’ Compensation, to Provide That a Limitation on Stress, Mental Injuries, and Mental Illness For Workers’ Compensation Does Not Apply to a First Responder Diagnosed With Post-Traumatic Stress Disorder, and to Define Necessary Terms.
Issues: Workers’ Compensation (General), Workers’ Compensation (Medical Coverage And Reimbursement)
Summary:
This measure amends South Carolina code to provide that limitations on stress, mental injuries, and mental illness for workers’ compensation will not apply to a first responder diagnosed with PTSD. This measure applies to paid and volunteer law enforcement officers, firefighters, emergency medical technicians, and paramedics employed by state or local government. This measure provides that first responders are not subject to limitations on coverage for stress, mental injuries, and mental illness arising out of and in the course of employment unaccompanied by physical injury and resulting in mental illness or injury. This applies regardless of if the mental illness arises from an extraordinary or unusual event or from the normal working conditions of the first responder’s employment. This measure lists what qualifies as a “significant traumatic experience or situation.” This measure does not outline any rulemaking or enforcement mechanisms. This measure will take effect on July 1, 2021, and will apply to injuries that occur on or after that date.
Most Recent Update:
3/10/2021 This measure was heard in the Senate Judiciary Committee, where it was amended and passed the committee by an undisclosed vote. The amendment clarifies what will be considered a significant traumatic experience and amends the effective date. This measure is eligible for consideration in the Senate.
South Carolina Regulatory Updates 12/2/2020
HB 4354 – Workers’ Compensation and the Longshore and Harbor Workers’ Compensation Act.
Issues: Workers’ Compensation (General), Workers’ Compensation (Medical Coverage And Reimbursement)
Summary: This measure provides that for any employee that suffers an injury for which the employee receives compensation benefits of any kind from their employer or another entity providing coverage under the Longshore and Harbor Workers’ Compensation Act, the employer is entitled to a dollar-for-dollar credit for payment of indemnity benefits under the Longshore and Harbor Workers’ Compensation Act against indemnity benefits due to the employee under the South Carolina Workers’ Compensation Act for the same injury.
The measure provides that payment of indemnity benefits by the employer under the Longshore and Harbor Workers’ Compensation Act does not constitute an election of remedies by the claimant under either the South Carolina Workers’ Compensation Act or the Longshore and Harbor Workers’ Compensation Act.
Most Recent Update: This measure failed upon adjournment of the legislature on November 8. This measure is not eligible to be carried over to the 2021 Legislative Session. It would need to be reintroduced to receive reconsideration.
SB 642 – Workers’ Compensation and the Longshore and Harbor Workers’ Compensation Act.
Issues: Workers’ Compensation (General), Workers’ Compensation (Medical Coverage And Reimbursement)
Summary: This measure provides that for any employee that suffers an injury for which the employee receives compensation benefits of any kind from their employer or another entity providing coverage under the Longshore and Harbor Workers’ Compensation Act, the employer is entitled to a dollar-for-dollar credit for payment of indemnity benefits under the Longshore and Harbor Workers’ Compensation Act against indemnity benefits due to the employee under the South Carolina Workers’ Compensation Act for the same injury.
The measure provides that payment of benefits by the employer under the Longshore and Harbor Workers’ Compensation Act does not constitute an election of remedies by the claimant under either the South Carolina Workers’ Compensation Act or the Longshore and Harbor Workers’ Compensation Act and shall not preclude payment of a lump sum award to claimant under the South Carolina Workers’ Compensation Act.
Most Recent Update: This measure failed upon adjournment of the legislature on November 8. This measure is not eligible to be carried over to the 2021 Legislative Session. It would need to be reintroduced to receive reconsideration.
South Carolina Services
- Workers’ compensation claims administration
- Medical bill review in compliance with state requirements
- Local PPO development and management
- Case management services
South Carolina Resources
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