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Tort Claims Act Liability Limits Under Review
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A subcommittee of the Senate Judiciary committee met this week to hear testimony on the liability limits established in the Tort Claims Act. Originally passed in 1986 at $250,000 per individual and $500,000 per occurrence, the limits were increased in 1997 to the current levels of $300,000 per individual and $600,000 per occurrence. These limits apply to government agencies, including governmental hospitals, as well as nonprofit entities covered under the charitable immunity statute.
Discussion of the limits began with the creation of a study committee last year and a bill pre-filed in the Senate for this session. The bill as currently written would increase the limits to $1,000,000 per individual and $2,000,000 per occurrence, tied to an index calculated by RFA annually. In this form, the bill passed the subcommittee and will be heard by the full Judiciary committee next week.
Legislators have been open to hearing concerns with the proposed increase and have indicated there may be room for compromise but are clear in their intention to pass a bill increasing the liability limits. SCHA is very involved in the negotiations and will continue to be involved as discussed progress during the legislative process.
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In Other News
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- Federal Government Remains Shut Down: With the federal government shutdown continuing as the longest shutdown in history, several bills and resolutions were introduced at the state level this week to provide some relief to individuals affected. Relief efforts include a moratorium on foreclosures of affected federal employees and a three-month delay on the property tax penalty schedule for those effected.
- Medical Marijuana Debate Continues: The full Senate Medical Affairs committee took up a resolution passed by a subcommittee last week related to medical marijuana. The resolution would urge Congress and the U.S. Attorney General to remove barriers to researching the medical benefits of cannabis. After debate on the certainty of whether there are medical benefits, the resolution was approved by the full committee. This debate followed a Tuesday afternoon press conference on the issue that called for movement on medical marijuana bills.
- Emergency Supply of Prescriptions: A bill to increase the amount of a prescription an individual can get filled in an emergency from the current 10-day supply to a 30-day supply was debated by the full Medical Affairs committee Thursday. Concerns from the medical community prompted a recommendation to compromise at a 14-day supply. Some senators noted that some emergency medications may only come in 30-day supply packaging and it was agreed that the bill would be passed with the 14-day supply and held on the floor until additional information about those medications can be received.
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Committee Action
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- S.7 (Malloy) - a bill to increase the liability limits in the Tort Claims Act - favorable as amended, Senate Judiciary Subcommittee
- S.169 (Hembree) - a resolution to encourage the federal government to remove barriers to conducting research on the use of cannabis to treat medical conditions and illnesses - favorable as amended, Senate Medical Affairs Committee
- S.205 (Young) - a bill to require the Alzheimer's Disease and Related Disorders Resource Coordination Center to develop and implement more education on Alzheimer's disease for healthcare providers - favorable, Senate Medical Affairs Committee
- S.16 (Rankin) - a bill to increase the quantity of an emergency prescription that may be filled from ten-day supply to a fourteen day supply - favorable as amended, Senate Medical Affairs Committee
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Intros of Interest
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- H.3592 (Clary and Pendarvis) - a bill to provide for the requirements when transporting a mental health patient to a mental health facility - referred to House 3M Committee
- S.368 (Climer) - a bill to require insurance providers to cover up to $200 for cardiovascular screening test for individuals in certain age ranges with risk factors for developing heart disease - referred to Senate Banking and Insurance Committee
- S.366 (Davis, Hutto, McLeod, Kimpson) - a bill to enact the "SC Compassionate Care Act" to legalize medical marijuana in South Carolina - referred to Senate Medical Affairs
- S.367 (Shealy and Setzler) - a bill to provide that any employee of a hospital that is an employer under the state retirement system may opt out of participating the state retirement system - referred to Senate Finance Committee
- S.386 (Malloy) - a bill to amend and reorganize the existing exemptions to the SC Tort Claims Act - referred to Senate Judiciary
- H.3660 (McCoy) - a bill to enact the "SC Compassionate Care Act" to legalize medical marijuana in South Carolina - referred to House 3M
- H.3663 (Pope and Tallon) - a bill to create a homicide offense for individuals providing or selling certain drugs resulting in an overdose - referred to House Judiciary
- H.3665 (Jefferson) - a bill to increases the tax on cigarettes by five cents per cigarette to be used for pay increases for teachers - referred to House Ways and Means Committee
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January 18, 2019
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