The bill H. 5399 aims to amend the South Carolina Code of Laws by adding Section 38-71-270, which prohibits discrimination in insurance policies based on an individual's HIV status and prevention measures. Specifically, insurers are barred from using factors such as age, marital status, geographic area, occupation, sex, sexual orientation, and gender identity to predict the likelihood of an individual developing AIDS or ARC. Additionally, the bill mandates that insurers cannot consider an individual's use of HIV prevention treatment when determining coverage, rates, or premiums. It also prohibits any exclusions or limitations related to HIV prevention treatment or care for AIDS, ARC, or HIV-related conditions unless such provisions apply to all benefits under the policy.

Furthermore, the bill establishes a process for individuals who test positive for AIDS, ARC, or HIV to appeal to the Director of the Department of Insurance to review their test results and present additional medical evidence. Insurers are also restricted from imposing cost-sharing, prior authorization, or unnecessary restrictions for HIV prevention services. The bill defines key terms related to HIV prevention services and treatments, including PrEP and PEP, and is set to take effect upon the Governor's approval.

Statutes affected:
03/24/2026: 38-71-270
Latest Version: 38-71-270