The South Carolina House Medical Subcommittee voted 9-3 to give a favorable recommendation to House Bill 3089, a measure to clarify that providers may seek Medicare or Medicaid reimbursement while a related personal-injury case proceeds, the panel heard during its meeting.
Representative Sessions, presenting the subcommittee report, told members that the "amendment was to provide clarity that, nothing shall be construed to prevent a provider from seeking reimbursement for Medicare or Medicaid as permissible by law." The amendment was described as the product of talks with the hospital association and was intended to allow health-insurance processes to be initiated even when a personal-injury claim is pending.
The bill’s sponsor, Representative Tommy Pope, joined the meeting and told the committee that the goal was to ensure patients with coverage have those benefits filed promptly so their credit is not harmed. "If they've got health insurance, if they pay for health insurance, start the process," Pope said, adding that insurers such as Blue Cross Blue Shield have subrogation rights to prevent double recovery.
Opponents raised practical concerns about how personal-injury litigation often restricts access to a patient’s health-insurance information. Representative White said many personal-injury attorneys delay or block initiation of insurance claims to preserve larger settlement figures, and that "it is often impossible to initiate a claim with the patient's primary health insurer until their attorney gives them permission to do that." He also described instances where insurers later decline responsibility until a case is resolved, leaving providers unable to collect.
Committee clerk Miss Fierce called the roll after debate. The recorded vote on the bill as amended: Mister Beach — No; Mister Bustos — Aye; Mister Brandon Cox — Aye; Miss Davis — Aye; Miss Edgerton — No; Mister Gilliard — Aye; Miss Holman — Aye; Mister Jones — Aye; Mister Sanders — Aye; Mister Sessions — Yes; Miss Waters — Aye; Mister White — No. The committee clerk announced, "9 are in favor, 3 are against. The bill as amended."
The subcommittee record shows the amendment requires the administrative step of initiating health-insurance processes so coverage can proceed while personal-injury cases move forward separately; reimbursement by health plans would occur "if and when" a settlement in the personal-injury case is reached, per the discussion.
No effective date or further floor scheduling was recorded in the subcommittee transcript.
Votes at a glance: H.3089 — Favorable recommendation as amended; subcommittee vote 9–3.
Provenance (selected transcript excerpts):
Topic intro: "we have 2 bills on the agenda today and so we're gonna go ahead and get started with, a subcommittee report, in regards to H3089 medical billing. Mr. Sessions, you're, recognized." (Transcript segment beginning at 70.935)
Topic finish: "9 are in favor, 3 are against. The bill as amended." (Transcript segment beginning at 958.26)