Reference is to Printer's Date 3/21/17.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Chapter 71, Title 44 of the 1976 Code is amended to read:
Section 44-71-10.
This chapter may be cited as the 'Quality Hospice
Licensure Programs Act'.
Section 44-71-20. As
used in this chapter:
(1) 'Board' means the
South Carolina Board of Health and Environmental Control.
(2) 'Department' means
the South Carolina Department of Health and Environmental
Control.
(3) 'Hospice' means a
centrally administered, interdisciplinary health care
program. This program must provide, which
provides a continuum of medically supervised palliative and
supportive care for the terminally ill patient and the family
including, but not limited to, outpatient and inpatient services
provided directly or through written agreement. Inpatient
services include, but are not limited to, services provided by a
hospice in a licensed hospice facility.
Admission to a hospice program of care is
based on the voluntary request of the hospice patient alone or
in conjunction with designated family members.
(4) 'Hospice facility'
means an institution, place, or building in which a licensed
hospice provides room, board, and appropriate hospice services
on a twenty-four hour basis to individuals requiring hospice
care pursuant to the orders of a physician.
(5) 'Licensee' means
the individual, corporation, or public entity with whom rests
the ultimate responsibility for maintaining approved standards
for the hospice or hospice facility.
(6) 'Multiple
location' means a properly registered additional site, other
than the licensed primary office, from which a parent hospice
organization provides hospice services. 'Multiple location' does
not mean a 'work station' as defined in item (9).
(7)
'Parent hospice' means a properly licensed hospice
that, in addition to its primary office, also provides hospice
services from a multiple location as defined in item (6).
(8)
'Primary office' means the main office of a hospice
program from which a parent hospice provides hospice services to
patients and their families and from which a parent hospice
performs oversight, administrative, and coordination of care
duties for any multiple location.
(9) 'Work
station' means a site operated within the licensed service area
of a hospice solely for the convenience of the staff where they
may conduct activities including, but not limited to, completing
paperwork, checking messages, or storing equipment. These work
stations must not have signage with an address or operating
hours, must not be advertised, and must not be open to the
public for any reason, such as to distribute supplies or to
receive referrals.
Section 44-71-30.
(A) No person, private or
public organization, political subdivision, or other
governmental agency may establish, conduct, or maintain a
hospice or represent itself as a hospice without first obtaining
a license from the department.
(B)
This A license obtained
pursuant to this section is effective for a twelve-month
period following the date of issue and must prescribe by
county the geographic area authorized to be served.
(C) The
license must prescribe by county the geographic area authorized
to be served. A hospice that wishes to expand its licensed
service area to include additional counties shall first obtain
approval from the department confirming that, pursuant to
Section 44-71-40(C), the hospice has properly filed the
application to amend its license to include the additional
counties within the prescribed geographic area authorized to be
served.
(D) A license
issued under this chapter is not assignable or transferable and
is subject to suspension or revocation at any time for failure
to comply with this chapter.
(E) The
department shall publish a current list of all licensed hospices
on its website. The information to be published must include,
but not be limited to, the licensee's primary office as well as
any and all registered multiple locations. In addition, the
information also must include a list of all counties served by
the licensee's primary office and any and all multiple
locations.
Section 44-71-35.
(A) A hospice may not
establish, operate, or maintain a multiple location or represent
itself as such without first registering the multiple location
with the department and receiving approval of the registration
from the department confirming that, pursuant to Section
44-71-40(B), the hospice has properly filed the application to
amend its license to include the multiple location. Upon
approval by the department, a multiple location must be listed
on the license of the parent hospice.
(B) A
registration may be filed at any time and is effective until the
expiration of the license of the parent hospice that is in
effect at the time of the initial approval of the multiple
location. The registration and approval of a multiple location
is effective for a period running coterminous with the parent
hospice's license, and the registration and approval of a
multiple location must be reviewed by the department annually at
the time of the parent hospice's license renewal and as a part
of that process as prescribed by the department in
regulation.
(C) The
application for registration of a multiple location must
prescribe by county the geographic area authorized to be served.
Upon approval of the registration by the department, the license
of the parent hospice must be amended to include the multiple
location as required in subsection (A) as well as any additional
counties within the prescribed geographic area authorized to be
served.
(D) A
multiple location approval granted pursuant to this chapter is
not assignable or transferable and is subject to suspension or
revocation at any time for failure to comply with this
chapter.
Section 44-71-40.
(A) A person, private or
public organization, political subdivision, or other
governmental agency desiring to obtain a license
must shall file with the department an
application on a form prescribed, prepared, and furnished by the
department.
(B) Any
hospice desiring to obtain approval for the registration of a
multiple location shall file with the department an application
on a form prescribed, prepared, and furnished by the
department.
(C) Any
hospice desiring to expand its licensed service area of its
primary office or one or more of its registered multiple
locations to include additional counties shall first file with
the department an application on a form prescribed, prepared,
and furnished by the department.
Section 44-71-50. The department is authorized to establish reasonable fees to be used in the administration of the program.
Section 44-71-60. The department shall promulgate regulations which define needs, services, and standards for the care, treatment, health, safety, welfare, and comfort of patients and their families served by hospices, including hospice facilities, primary offices, and multiple locations, and for the maintenance and operation of hospices, including hospice facilities, primary offices, and multiple locations, which will promote safe and adequate care and treatment of the patients and their families.
Section 44-71-65.
Notwithstanding any other provision of law, a hospice
facility, primary office, and multiple location must
comply with the regulations promulgated by the department
pursuant to this chapter and is are not
subject to regulations pertaining to the licensure and
regulation of nursing homes or community residential care
facilities.
Section 44-71-70.
(A) The department is
authorized to issue, deny, suspend, or revoke licenses in
accordance with regulations promulgated pursuant to this
section. Such regulations must include hearing procedures
related to denial, suspension, or revocation of licenses.
(B) The
department is authorized to deny, suspend, or revoke approvals
of multiple locations in accordance with regulations promulgated
pursuant to this section when there is evidence or reason to
believe that any of the following requirements and conditions
are not being met:
(1)
the parent hospice is properly licensed,
operating in accordance with all South Carolina laws and
regulations;
(2)
the multiple location will provide the full
scope of hospice services in all geographical areas listed on
the license;
(3)
the multiple location will share administration,
supervision, and services with the parent hospice; and
(4)
the multiple location will be included in the
quality improvement activities of the parent hospice.
(C) The
department shall approve a request to expand the service area of
a parent hospice to include additional counties only when the
additional counties are requested in a properly filed
application as required by Section 44-71-40(C).
(D)
Regulations pertaining to the denial, suspension, or
revocation of approvals must include hearing procedures related
to denial, suspension, or revocation of licenses.
Section 44-71-80.
(A) Each hospice for which a
license has been issued must be inspected by an authorized
representative of the department at least once a year for the
purpose of ensuring that the provisions of this chapter are
being followed. For hospices whose licensees include multiple
locations, the department shall rotate those inspections among
each location.
(B) All
hospices shall complete and return a joint annual report to the
department and the Revenue and Fiscal Affairs Office on a form
prescribed by the department within a time period specified by
the department or the Revenue and Fiscal Affairs Office. In the
development of this form, the department shall incorporate input
from hospice providers to ensure the report captures data on all
services that are to be provided by hospices.
Section 44-71-90. Hospices must not discriminate based on age, sex, race, color, religion, or source of payment, location of patient, acceptance or provision of goods and services to patients of potential patients.
Section 44-71-95. Nothing in this chapter may be construed to prohibit a health care facility from providing hospice services through contractual arrangements with a licensed hospice operation.
Section 44-71-100. Hospices may not participate in, or offer, or imply an offer to participate in the practice known generally as rebate, kickbacks, or fee-splitting arrangements.
Section 44-71-110. Any person who violates the provisions of this chapter is guilty of a misdemeanor and upon conviction shall be fined not to exceed five hundred dollars or imprisoned for a period not to exceed six months or both."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.