South Carolina § 38-72-110 - Long-term care insurance.

§ 38-72-110. Long-term care insurance.

(A) Notwithstanding another provision of law, a long-term care insurance policy issued in this State, may not:

(1) decline or limit coverage of a person under any long-term care insurance policy solely due to the status of such person as a living organ donor;

(2) preclude an insured from donating all or part of an organ as a condition of continuing to receive a long-term care insurance policy; or

(3) discriminate in the offering, issuance, cancellation, amount of such coverage, price, or any other condition of a long-term care insurance policy for a person, based solely and without any additional actuarial risks upon the status of such person as a living organ donor.

(B) The Department of Insurance may take actions to enforce subsection (A) as authorized under this title.

(C) For purposes of this section:

(1) "Long-term care insurance policy" means a contract for which the only insurance protection provided under the contract is coverage of qualified long-term care services.

(2) "Living organ donor" means an individual who has donated all or part of an organ and is not deceased.

HISTORY: 2024 Act No. 126 (H.3255), SECTION 5, eff May 13, 2024.

Editor's Note

2024 Act No. 126, SECTION 1, provides as follows:

"SECTION 1. This act may be cited as the 'Living Donor Protection Act'."