South Carolina § 38-71-1830 - Recoupment.
Full text of South Carolina South Carolina Code of Laws § 38-71-1830 — Recoupment., with citation guidance and answers to common questions.
§ 38-71-1830. Recoupment.
(A) Recoupments of any funds disputed on the basis of an audit must occur only after final internal disposition of the audit, including the appeals process as provided for in Section 38-71-1820 or the external review pursuant to Section 38-71-2240, unless fraud or misrepresentation is reasonably suspected.
(B) Recoupment on an audit must be refunded to the responsible party as contractually agreed upon by the parties involved in the audit.
(C) The entity conducting the audit may charge or assess the responsible party, directly or indirectly, based on amounts recouped if both of the following conditions are met:
(1) the responsible party or payor and the entity conducting the audit have entered into a contract that explicitly states the percentage charge or assessment to the responsible party; and
(2) a commission or other payment to an agent or employee of the entity conducting the audit is not based, directly or indirectly, on amounts recouped.
HISTORY: 2012 Act No. 250, SECTION 1, eff January 1, 2013; 2023 Act No. 30 (S.520), SECTION 1, eff January 1, 2024.
Editor's Note
2023 Act No. 30, SECTION 7, provides as follows:
"SECTION 7. This act takes effect January 1, 2024, but the recurring examinations by the Department of Insurance provided for in Sections 38-71-2250(B)(1) and 38-71-2340(B)(1) must not begin before January 1, 2025."
Effect of Amendment
2023 Act No. 30, SECTION 1, in (A), inserted "or the external review pursuant to Section 38-71-2240".
Source: official South Carolina text · Last verified 2026-08-27
Frequently Asked Questions About South Carolina § 38-71-1830
What does South Carolina Code of Laws § 38-71-1830 cover?
Section 38-71-1830 ("Recoupment.") is part of the South Carolina Code of Laws, the codified statutory law of South Carolina. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Carolina § 38-71-1830?
A common citation format is "South Carolina Code of Laws § 38-71-1830" (South Carolina). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Carolina law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Carolina official source linked on this page or consult a licensed South Carolina attorney.
How does South Carolina § 38-71-1830 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Carolina can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Carolina.