Terms Used In South Carolina Code > Title 2 > Chapter 48 - Community Corrections Incentive Act

• Accident and health insurance: means insurance of human beings against death or personal injury by accident, and each insurance of human beings against sickness, ailment, and any type of physical disability resulting from accident or disease, and prepaid dental service, but not including coverages required by the Workers' Compensation Law of this State. See South Carolina Code 38-1-20
• Administrator: means the person who is responsible for the administration of the service contracts or the service contracts plan or who is responsible for any filings required by this chapter. See South Carolina Code 38-78-20
• Admitted assets: means assets of an insurer considered admitted on the most recent statutory financial statement of the insurer filed with the department pursuant to § 38-13-80. See South Carolina Code 38-1-20
• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Affiliation period: means a period which, under the terms of the health insurance coverage offered by a health maintenance organization, must expire before the health insurance coverage becomes effective. See South Carolina Code 38-74-10
• Applicant: means :
  
  (a) in the case of an individual long term care insurance policy the person who seeks to contract for benefits; and
  
  (b) in the case of a group long term care insurance policy, the proposed certificate holder. See South Carolina Code 38-72-40
• Appointment: means an individual designated by an official or authorized representative of an authorized insurer to act on its behalf as a producer. See South Carolina Code 38-1-20
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Beneficiary: has the meaning given under Section 3(8) of the Employee Retirement Income Security Act of 1974. See South Carolina Code 38-74-10
• Bequest: Property gifted by will.
• Board: means the board of directors of the pool. See South Carolina Code 38-74-10
• Certificate: means any certificate issued under a group long term care insurance policy, which policy has been delivered or issued for delivery in this State. See South Carolina Code 38-72-40
• Certificate of insurance: means a memorandum copy, complete or abbreviated, of an insurance contract. See South Carolina Code 38-1-20
• Certificate of limited partnership: means the certificate referred to in § 33-42-210, any certificate of limited partnership filed with the office of the Secretary of State in connection with the formation of a limited partnership under any applicable statute of this State prior to the effective date of this chapter, and any such certificate as amended, or restated. See South Carolina Code 33-42-20
• Church plan: has the meaning given the term under Section 3(33) of the Employee Retirement Income Security Act of 1974. See South Carolina Code 38-74-10
• Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
• COBRA continuation provision: means :
  
  (a) Part 6 of subtitle B of Title I of the Employee Retirement Income Security Act of 1974, other than Section 609 of the act;
  
  (b) Section 4908B of the Internal Revenue Code of 1986, other than subsection (f)(1) of the section insofar as it relates to pediatric vaccines; or
  
  (c) Title XXII of the Public Health Service Act. See South Carolina Code 38-74-10
• Coinsurance: means a stipulation or requirement that the insured undertakes to be his own insurer to the extent that he fails to maintain insurance of a given percentage of the value of the property against loss or damage. See South Carolina Code 38-1-20
• Commission: means the part of the premium paid to the producer as compensation for his services. See South Carolina Code 38-1-20
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• contract holder: means a person who is the purchaser or holder of a service contract. See South Carolina Code 38-78-20
• Contribution: means any cash, property, services rendered, or a promissory note or other binding obligation to contribute cash or property or to perform services, which a partner contributes to a limited partnership in his capacity as a partner. See South Carolina Code 33-42-20
• Creditable coverage: means , with respect to an individual, coverage of the individual under:
  
  (a) a group health plan;
  
  (b) health insurance;
  
  (c) Part A or B of Title XVIII of the Social Security Act;
  
  (d) Title XIX of the Social Security Act, other than coverage consisting solely of benefits under Section 1928;
  
  (e) Chapter 55 of Title 10 of the United States Code;
  
  (f) a medical care program of the Indian Health Service or of a tribal organization;
  
  (g) a state health benefits risk pool, including the South Carolina Health Insurance Pool;
  
  (h) a health plan offered under Chapter 89 of Title 5 of the United States Code;
  
  (i) a public health plan, as defined in regulations;
  
  (j) a health benefit plan under Section 5(e) of the Peace Corps Act (22 U. See South Carolina Code 38-74-10
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Department: means the Department of Insurance of South Carolina. See South Carolina Code 38-1-20
• Department: means the South Carolina Insurance Department. See South Carolina Code 38-74-10
• Designee or deputy director: means the person or persons appointed by the director, serving at the will and pleasure of the director as his designee, to supervise and carry out the functions and duties of the department as provided by law. See South Carolina Code 38-1-20
• Devise: To gift property by will.
• Director: means the person who is appointed by the Governor upon the advice and consent of the Senate and who is responsible for the operation and management of the Department of Insurance, including all of its divisions. See South Carolina Code 38-72-40
• Director: means the person who is appointed by the Governor upon the advice and consent of the Senate and who is responsible for the operation and management of the Department of Insurance, including all of its divisions. See South Carolina Code 38-74-10
• Director: means the Director of the Department of Insurance. See South Carolina Code 38-78-20
• Employee: has the meaning given the term under Section 3(6) of the Employee Retirement Income Security Act of 1974. See South Carolina Code 38-74-10
• Enrollment date: means , with respect to an individual covered under a group health plan or health insurance coverage, the date of enrollment of the individual in the plan or coverage or, if earlier, the first day of the waiting period for the enrollment. See South Carolina Code 38-74-10
• Event of withdrawal of a general partner: means an event that causes a person to cease to be a general partner as provided in § 33-42-620. See South Carolina Code 33-42-20
• Executor: A male person named in a will to carry out the decedent
• Federally defined eligible individual: means an individual:
  
  (a) for whom, as of the date on which the individual seeks coverage under this chapter, the aggregate of the periods of creditable coverage is eighteen or more months;
  
  (b) whose most recent prior creditable coverage was under a group health plan, governmental plan, or church plan or health insurance coverage offered in connection with one of these plans;
  
  (c) who is not eligible for coverage under a group health plan, part A or part B of Title XVIII of the Social Security Act, or a state plan under Title XIX of the Social Security Act or any successor program and who does not have other health insurance coverage;
  
  (d) with respect to whom the most recent coverage within the period of aggregate creditable coverage was not terminated based on a factor relating to nonpayment of premiums or fraud;
  
  (e) who, if offered the option of continuation coverage under a COBRA continuation provision or under a similar state program, elected the coverage; and
  
  (f) who, if the individual elected the continuation coverage, has exhausted the continuation coverage under the provision or program. See South Carolina Code 38-74-10
• federally tax-qualified long term care insurance contract: means an individual or a group insurance contract that meets the requirements of Section 7702B(b) of the Internal Revenue Code of 1986, as amended, as follows:
  
  (i) the only insurance protection provided under the contract is coverage of qualified long term care services. See South Carolina Code 38-72-40
• Foreign limited partnership: means a partnership formed under the laws of any state other than this State and having as partners one or more general partners and one or more limited partners. See South Carolina Code 33-42-20
• Fraud: Intentional deception resulting in injury to another.
• General partner: means a person who has been admitted to a limited partnership as a general partner in accordance with the partnership agreement and named in the certificate of limited partnership as a general partner. See South Carolina Code 33-42-20
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Governmental plan: has the meaning given the term under Section 3(32) of the Employee Retirement Income Security Act of 1974 and any governmental plan established or maintained for its employees by the government of the United States or by an agency or instrumentality of the government. See South Carolina Code 38-74-10
• Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. ^{Source: Federal Reserve}
• Group health insurance coverage: means , in connection with a group health plan, health insurance offered by an insurer in connection with the plan. See South Carolina Code 38-74-10
• Group health plan: means an employee welfare benefit plan, as defined in Section 3(1) of the Employee Retirement Income Security Act of 1974, to the extent that the plan provides medical care, including items and services paid for as medical care, to employees or their dependents, as defined under the terms of the plan, directly or through insurance, reimbursement, or otherwise. See South Carolina Code 38-74-10
• Group long term care insurance: means a long term care insurance policy which is delivered or issued for delivery in this State and issued to:
  
  (a) one or more employers or labor organizations, or to a trust or to the trustees of a fund established by one or more employers or labor organizations or a combination thereof, for employees or former employees or a combination thereof, or for members or former members or a combination thereof of the labor organizations; or
  
  (b) any professional, trade, or occupational association for its members or former or retired members or combination thereof if such association:
  
  (i) is composed of individuals all of whom are or were actively engaged in the same profession, trade, or occupation; and
  
  (ii) has been maintained in good faith for purposes other than obtaining insurance; or
  
  (c) an association or to a trust or to the trustee of a fund established, created, or maintained for the benefit of members of one or more associations. See South Carolina Code 38-72-40
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• health insurance coverage: means benefits consisting of medical care provided directly, through insurance or reimbursement, or otherwise and including items and services paid for as medical care under a hospital or medical service policy or certificate, hospital, or medical service plan contract, or health maintenance organization contract offered by an insurer, except:
  
  (a) coverage only for accident or disability income insurance, or any combination thereof;
  
  (b) coverage issued as a supplement to liability insurance;
  
  (c) liability insurance, including general liability insurance and automobile liability insurance;
  
  (d) workers' compensation or similar insurance;
  
  (e) automobile medical payment insurance;
  
  (f) credit-only insurance;
  
  (g) coverage for on-site medical clinics;
  
  (h) other similar insurance coverage, specified in regulations, under which benefits for medical care are secondary or incidental to other insurance benefits;
  
  (i) if offered separately:
  
  (i) limited scope dental or vision benefits;
  
  (ii) benefits for long-term care, nursing home care, home health care, community-based care, or any combination thereof;
  
  (iii) such other similar, limited benefits as are specified in regulations;
  
  (j) if offered as independent, noncoordinated benefits:
  
  (i) coverage only for a specified disease or illness; and
  
  (ii) hospital indemnity or other fixed indemnity insurance;
  
  (k) if offered as a separate insurance policy, coverage supplement to the coverage provided under Chapter 55 of Title 10 of the United States Code. See South Carolina Code 38-74-10
• Health maintenance organization: means an organization as defined in § 38-33-20(7). See South Carolina Code 38-74-10
• Hospital: means an institution operated pursuant to law under the supervision of a staff of duly licensed physicians which is primarily and continuously engaged in providing or operating, either on its premises or in facilities available to the public on a prearranged basis, medical, diagnostic, and major surgical facilities for the medical care and treatment of sick or injured persons on an inpatient basis for which a charge is made and provides twenty-four hour nursing service under the supervision of registered nurses. See South Carolina Code 38-74-10
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• Individual market: means the market for health insurance coverage offered to individuals other than in connection with a group health plan. See South Carolina Code 38-74-10
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• insurance: includes annuities. See South Carolina Code 38-1-20
• Insurance company: means an "insurer". See South Carolina Code 38-1-20
• Insurance rate: means the price of insurance for each unit of exposure. See South Carolina Code 38-1-20
• Insured: means any individual resident of this State who is eligible to receive benefits from any insurer. See South Carolina Code 38-74-10
• Insurer: includes a corporation, fraternal organization, burial association, other association, partnership, society, order, individual, or aggregation of individuals engaging or proposing or attempting to engage as principals in any kind of insurance or surety business, including the exchanging of reciprocal or interinsurance contracts between individuals, partnerships, and corporations. See South Carolina Code 38-1-20
• Insurer: means any entity that provides health insurance in this State. See South Carolina Code 38-74-10
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Life insurance: means a contract of insurance upon the lives of human beings. See South Carolina Code 38-1-20
• Limited partner: means a person who has been admitted to a limited partnership as a limited partner in accordance with the partnership agreement. See South Carolina Code 33-42-20
• Long term care insurance: means an insurance policy or a rider advertised, marketed, offered, or designed to provide coverage for not less than twelve consecutive months for each covered person on an expense incurred, indemnity, prepaid, or other basis, for one or more necessary or medically necessary diagnostic, preventive, therapeutic, rehabilitative, maintenance, or personal care services, provided in a setting other than an acute care unit of a hospital. See South Carolina Code 38-72-40
• Medical care: means amounts paid for:
  
  (a) the diagnosis, cure, mitigation, treatment, or prevention of disease, or amounts paid for the purpose of affecting any structure or function of the body;
  
  (b) amounts paid for transportation primarily for and essential to medical care referred to in subitem (a); and
  
  (c) amounts paid for insurance covering medical care referred to in subitems (a) and (b). See South Carolina Code 38-74-10
• Medicare: means Title XVIII of the Social Security Act, 42 U. See South Carolina Code 38-74-10
• Member: means each insurer participating in the pool. See South Carolina Code 38-74-10
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Motor vehicle manufacturer: means a person that:
  
  (a) manufactures or produces motor vehicles and sells motor vehicles under its own name or label;
  
  (b) is a wholly owned subsidiary of the person who manufactures or produces motor vehicles;
  
  (c) is a corporation which owns one hundred percent of the person who manufactures or produces motor vehicles;
  
  (d) does not manufacture or produce motor vehicles, but sells motor vehicles under its trade name label;
  
  (e) manufactures or produces motor vehicles and sells such motor vehicles under the trade name or label of another person; or
  
  (f) does not manufacture or produce motor vehicles but, pursuant to a written contract, licenses the use of its trade name or label to another person that sells motor vehicles under the licensor's trade name or label. See South Carolina Code 38-78-20
• Negotiate: means the act of conferring directly with or offering advice directly to a purchaser or prospective purchaser of a particular contract of insurance concerning substantive benefits, terms, or conditions of the contract, provided that the person engaged in that act either sells insurance or obtains insurance from insurers for purchasers. See South Carolina Code 38-1-20
• Net loss: means the excess of incurred claims plus expenses over the sum of earned premiums, accrued investment income, and other appropriate gains and losses. See South Carolina Code 38-74-10
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Participant: has the meaning given the term under Section 3(7) of the Employee Retirement Income Security Act of 1974. See South Carolina Code 38-74-10
• Partner: means a limited or general partner. See South Carolina Code 33-42-20
• Partnership agreement: means any valid agreement, written or oral, of the partners as to the affairs of a limited partnership and the conduct of its business. See South Carolina Code 33-42-20
• Partnership interest: means a partner's share of the profits and losses of a limited partnership and the right to receive distributions of partnership assets. See South Carolina Code 33-42-20
• Person: means a corporation, agency, partnership, association, voluntary organization, individual, or another entity, organization, or aggregation of individuals. See South Carolina Code 38-1-20
• Person: means an individual, partnership, corporation, incorporated or unincorporated association, joint stock company, reciprocal, syndicate, or any similar entity or combination of entities acting in concert. See South Carolina Code 38-78-20
• Person: means a natural person, partnership, limited partnership (domestic or foreign), trust, estate, association, or corporation. See South Carolina Code 33-42-20
• Plan of operation: means the plan of operation of the pool, including articles, bylaws, and operating rules adopted by the board. See South Carolina Code 38-74-10
• Policy: means a contract of insurance. See South Carolina Code 38-1-20
• Policy: means any policy, contract, subscriber agreement, rider, or endorsement delivered or issued for delivery in this State by an insurer, fraternal benefit society, nonprofit health, hospital, or medical service corporation, prepaid health plan, health maintenance organization, or any similar organization. See South Carolina Code 38-72-40
• Pool: means the South Carolina Health Insurance Pool. See South Carolina Code 38-74-10
• Preexisting condition exclusion: means , with respect to coverage, a limitation or exclusion of benefits relating to a condition based on the fact that the condition was present before the date of enrollment for the coverage, whether or not any medical advice, diagnosis, care, or treatment was recommended or received before the date. See South Carolina Code 38-74-10
• Premium: means payment given in consideration of a contract of insurance. See South Carolina Code 38-1-20
• Premium: means the consideration paid to an insurer for a reimbursement insurance policy. See South Carolina Code 38-78-20
• producer: means a person who represents an insurance company and is required to be licensed pursuant to § 38-43-10. See South Carolina Code 38-1-20
• Provider: means a person who is contractually obligated to the service contract holder under the terms of the service contract. See South Carolina Code 38-78-20
• Provider fee: means the consideration paid for a service contract. See South Carolina Code 38-78-20
• Proxy voting: The practice of allowing a legislator to cast a vote in committee for an absent legislator.
• Qualified TAA eligible individual: means an individual who is eligible for the credit for health insurance costs under Section 35 of the Internal Revenue Code of 1986. See South Carolina Code 38-74-10
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Reimbursement insurance policy: means a policy of insurance issued to a provider to either provide reimbursement to the provider under the terms of the insured service contracts issued or sold by the provider or, in the event of the provider's nonperformance, to pay on behalf of the provider all covered contractual obligations incurred by the provider under the terms of the insured service contracts issued or sold by the provider. See South Carolina Code 38-78-20
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Sell: means to exchange a contract of insurance by any means, for money or its equivalent, on behalf of an insurance company. See South Carolina Code 38-1-20
• Service contract: includes a contract or agreement for a separately stated consideration for a specific duration to perform one or more of the following services:
  
  (a) the repair or replacement of tires and wheels on a motor vehicle damaged as a result of coming into contact with road hazards;
  
  (b) the removal of dents, dings, or creases on a motor vehicle that can be repaired using the process of paintless dent removal without affecting the existing paint finish and without sanding, bonding, painting, or replacing a vehicle body panel;
  
  (c) the replacement of a motor vehicle key or key fob in the event that the key or key fob becomes inoperable, lost, or stolen; and
  
  (d) other services consistent with the provisions of this chapter approved by the director. See South Carolina Code 38-78-20
• Service of process: The service of writs or summonses to the appropriate party.
• Solicit: means attempting to sell insurance or asking or urging a person to apply for a particular kind of insurance from a particular company. See South Carolina Code 38-1-20
• State: means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico. See South Carolina Code 33-42-20
• Surety: includes insurance or a bond that covers obligations to pay the debts, or answer for the default, of another, including faithlessness in a position of public or private trust. See South Carolina Code 38-1-20
• Terminate: means the cancellation of the relationship between an insurance producer and the insurer or the termination of a producer's authority to transact insurance. See South Carolina Code 38-1-20
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• theft protection program: includes , but is not limited to, alarm systems, body-part marking products, steering locks, window etch products, pedal and ignition locks, fuel and ignition kill switches, and electronic, radio, and satellite tracking devices. See South Carolina Code 38-78-20
• Theft protection program warranty: means a written agreement by a warrantor that provides the warrantor will pay to or on behalf of the warranty holder specified incidental costs not to exceed five thousand dollars as a result of the failure of the theft protection program to prevent loss or damage to a motor vehicle pursuant to the terms of the warranty. See South Carolina Code 38-78-20
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trustee: A person or institution holding and administering property in trust.
• Waiting period: means , with respect to a group health plan and an individual who is a potential participant or beneficiary in the plan, the period that must pass with respect to the individual before the individual is eligible to be covered for benefits under the terms of the plan. See South Carolina Code 38-74-10
• Warranty: means a warranty made solely by the manufacturer, importer, or seller of property or services without charge, that is not negotiated or separated from the sale of the product, that is incidental to the sale of the product, and that guarantees indemnity for defective parts, mechanical or electrical breakdown, labor, or other remedial measures, such as repair or replacement of the property or repetition of services. See South Carolina Code 38-78-20