South Carolina General Assembly121st Session, 2015-2016

S. 956

STATUS INFORMATION

General BillSponsors: Senator M.B. MatthewsDocument Path: l:\s-res\mbm\005nurs.dmr.mbm.docx

Introduced in the Senate on January 13, 2016Currently residing in the Senate Committee on Medical Affairs

Summary: Adult Health Care

HISTORY OF LEGISLATIVE ACTIONS

Date Body Action Description with journal page number 12/9/2015 Senate Prefiled12/9/2015 Senate Referred to Committee on Medical Affairs1/13/2016 Senate Introduced and read first time (Senate Journal - page 44 )1/13/2016 Senate Referred to Committee on Medical Affairs (Senate Journal - page 44 )

View the latest legislative information at the website

VERSIONS OF THIS BILL

12/9/2015

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A BILL

TO AMEND CHAPTER 66, TITLE 44 OF THE 1976 CODE, RELATING TO ADULT HEALTH CARE, TO PROVIDE THAT PERSONS WHO MAY MAKE HEALTH CARE DECISIONS FOR A PATIENT WHO IS UNABLE TO CONSENT ARE PROHIBITED FROM EXECUTING ARBITRATION AGREEMENTS ON BEHALF OF A PATIENT; AND TO PROVIDE FOR A NOTICE OF WAIVER OF LEGAL RIGHTS.

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

SECTION 1. Chapter 66, Title 44, of the 1976 Code is amended by adding:

“Section 44-66-90. (A) Arbitration agreements do not contain provisions for medical, nursing, or health care services for patients and therefore cannot be executed on behalf of patient by a third party person listed in Section 44-66-30(A). Any arbitration agreement executed in violation of this section is void ab initio.

(B)(1) An arbitration agreement presented to a patient must contain the following information at the top of the first page of the agreement, in bold print, capitalized, and in a font larger than that of the rest of the form: “YOU ARE NOT REQUIRED TO SIGN THIS FORM TO RECEIVE CARE AT THIS FACILITY. BY SIGNING THIS FORM YOU ARE GIVING UP CERTAIN LEGAL RIGHTS TO A JURY TRIAL IN THE EVENT THAT YOU ARE INJURED OR MISTREATED WHILE RECEIVING CARE AT THIS FACILITY.”

(2) A patient who executes an arbitration agreement must place his name next to the notice required in subitem (1) attesting that he understands the information required in the notice.

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(3) An arbitration agreement executed pursuant to this subsection must be witnessed by at least one disinterested party.”

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

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