This bill establishes the Taxation Realignment Commission (TRAC) created to study SC's tax system structure and provide recommendations to the General Assembly by March 15, 2010. The commission’s report must be a detailed, comprehensive careful evaluation of the following:

(a) sales and use tax exemptions or limitations to be retained, modified, or repealed;

(b) assessment of state and local taxes levied and other provisions affecting state and local revenue to fund the operation and responsibilities of state and local government; and

(c) any fee, fine, license, forfeiture, or other funds.

Commission members shall not receive information regarding the business of the commission from a lobbyist except through formal presentation to the commission at a meeting called in compliance with the Freedom of Information Act. A lobbyist is subject to a misdemeanor offense and penalties for a violation.

TRAC must submit progress reports twice a year to the Chairmen of Senate Finance and House Ways and Means Committees and may continue to study identified subjects and make further legislative recommendations until January 1, 2011, at which time it shall be dissolved.

Commissioners by Appointment:

Governor - Ken Wingate, CPA, JD, Sweeny, Wingate & Barrow PA and Brian Moody, CPA, Moody CPAs and Advisors

Senator Glenn McConnell - Don Weaver, Prime Financial Services

Senator Harvey Peeler - Ben Kochenower, CPA, Cline Brandt Kochenower & Company

Senator John Land - Charles S. Way Jr., The Beach Company

Senator Hugh Leatherman - Burnet Maybank, JD, Nexsen Pruet (Chair)

Speaker Harrell - Jimmy Addison, SCANA Corporation and Jack Shuler, ArborOne Financial

Chairman Dan Cooper - Kenneth Cosgrove, Piedmont Petroleum Corporation and Bob Steelman, Michelin North America Inc.

DOR Director (ex officio) - Ray Stevens

The legislation establishes a study committee within the Department of Health and Environmental Control to develop recommendations for a regionally organized and statewide comprehensive plan for stroke systems of care. The DHEC Board shall appoint the members and the chairperson of this committee. The study committee shall be composed of one physician actively involved in stroke care from the field of neurology, neuroradiology, neurosurgery, pediatrics, emergency medicine, rehabilitation medicine, internal medicine, cardiology and one emergency medical services provider. In addition the committee will also include one registered nurse, a licensed physical therapist, a physician or representative of an organization actively involved in addressing minority health issues, a representative of the South Carolina Hospital Association and American Stroke Association, an administrator of an acute stroke rehabilitation facility, the Deputy Commissioner of the South Carolina Department of Health and Environmental Control, Health Services Division, and the director of the South Carolina Department of Health and Environmental Control, Emergency Medical Services. The committee members shall serve without mileage, per diem and subsistence. The study committee shall submit its report electronically to the General Assembly and the Governor no later than December 1, 2010, at which point it will dissolve.

S.74 HOSPITALS PROHIBITED FROM CHARGING UNINSURED PATIENTS FEES IN EXCESS OF THE MAXIMUM FEES CHARGED TO INSURED PATIENTS FOR THE SAME SERVICES Sen Ford 
This bill provides that a hospital licensed in this State may not charge uninsured patients fees for services rendered that are in excess of the maximum fees charged for the same services rendered to insured patients.

S.168 MEDICAL MALPRACTICE INSURANCE Sen. Cleary
This bill revises medical malpractice insurance provisions so as to provide that a licensed health care provider who renders medical services voluntarily and without compensation, and seeks no reimbursement from charitable and governmental sources, and provides notice to the patient or patient’s provider in a non-emergency, is not liable for any civil damages for any act or omission unless the act or omission was the result of the health care provider’s gross negligence or willful misconduct.

This legislation revises insurance provisions to bring them into compliance with the accreditation standards of the National Association of Insurance Commissioners which allow South Carolina’s insurance provisions to enjoy reciprocity with those of other states. The bill enacts provisions requiring certain insurers to file a statement of actuarial opinion and actuarial opinion summary annually and provide for the confidentiality of these documents. 

It also revises provisions relating to the revocation or suspension of license of an insurer and its officers and agents for the publication of the notice, so as to provide a procedure for an aggrieved insurer to request a hearing before the director or his designee and provide recourse through judicial review. The legislation redefines the term "company action level event" and revises provisions relating to approval for acquisition of a domestic insurer by a controlling producer in another state.

S.306 REVISIONS OF WORKERS’ COMPENSATION RELATING TO IMMIGRANTS Sen. McConnell This legislation expands the definition of employee in provisions relating to workers’ compensation, so as to include legal immigrants and illegal immigrants, provided the employer was not aware of the immigrant's illegal status prior to the employee's injury. The bill excludes from workers' compensation illegal immigrants whose illegal status was known to the employer at the time of the immigrants' hire and illegal immigrants whom the employer discovers the illegal status during employment but before injury.

The "Mental Health Parity and Addiction Equity Act of 2009" revises state statutory requirements for issuers of group health insurance under the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA), by including the treatment of substance use disorders within mental health parity provisions which require insurance plan benefits and treatment limitations to be no more restrictive for the treatment of mental health conditions than for the treatment of physical conditions. The bill became law without the Governor’s signature on June 3.

S.416 "HEALTH CARE ACCESSIBILITY FOR YOUNG AMERICANS ACT" Sen. Lourie
This bill enacts the "Health Care Accessibility for Young Americans Act," to establish conditions under which health insurance coverage under a parent’s policy must be provided for an unmarried child under the age of twenty-five years who is primarily dependent for financial support from his parent and an unmarried child under the age of thirty who meets active duty military service requirements.

S.455 "SOUTH CAROLINA HEALTHNET PROGRAM" Sen. Thomas
This bill enacts the "South Carolina HealthNet Program" to promote the availability of health insurance coverage to employees of small employer groups and health group cooperatives regardless of health status or claims experience.