South Carolina § 38-74-40 - Administration of pool.
Full text of South Carolina South Carolina Code of Laws § 38-74-40 — Administration of pool., with citation guidance and answers to common questions.
§ 38-74-40. Administration of pool.
(A) The board shall select an insurer through a competitive bidding process to administer the pool. The board shall evaluate bids submitted based on criteria established by the board which includes:
(1) the insurer's proven ability to handle accident and health insurance;
(2) the efficiency of the insurer's claim-paying procedures;
(3) an estimate of total charges for administering the plan;
(4) the insurer's ability to administer the pool in a cost-efficient manner;
(B)(1) The administering insurer shall serve for a period of three years subject to removal for cause.
(2) At least one year prior to the expiration on each three-year period of service by an administering insurer, the board shall invite all insurers, including the current administering insurer, to submit bids to serve as the administering insurer for the succeeding three-year period. Selection of the administering insurer for the succeeding period must be made at least six months prior to the end of the current three-year period.
(C)(1) The administering insurer shall perform all eligibility and administrative claims payment functions relating to the pool.
(2) The administering insurer shall establish a premium billing procedure for collection of premium from insured persons. Billings must be made on a periodic basis as determined by the board.
(3) The administering insurer shall perform all necessary functions to assure timely payment of benefits to a covered person under the pool including:
(a) making available information relating to the proper manner of submitting a claim for benefits to the pool and distributing forms upon which submission must be made;
(b) evaluating the eligibility of each claim for payment by the pool.
(4) The administering insurer shall submit regular reports to the board regarding the operation of the pool. The frequency, content, and form of the report are determined by the board.
(5) Following the close of each fiscal year, the administering insurer shall determine the net loss for the year and report this information to the board and the department on a form prescribed by the commissioner.
(6) The administering insurer is paid as provided in the plan of operation for its expenses incurred in the performance of its services.
HISTORY: 1989 Act No. 127, SECTION 4.
Source: official South Carolina text · Last verified 2026-08-27
Frequently Asked Questions About South Carolina § 38-74-40
What does South Carolina Code of Laws § 38-74-40 cover?
Section 38-74-40 ("Administration of pool.") 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 § 38-74-40?
A common citation format is "South Carolina Code of Laws § 38-74-40" (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 § 38-74-40 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.