Reference is to Printer's Date 4/18/18-H.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1.
A. The General Assembly
ratifies and confirms the actions of the Greenville Health
System in entering into the amended Master Affiliation Agreement
and the Lease and Contribution Agreement.
B.1. The ratification
and confirmation, as provided in subsection A., is based on the
following provisions being included in the Lease and
Contribution Agreement: During the initial term and any renewal
of the Lease and Contribution Agreement, the agreement shall
contain the following rights and powers vested in the Lessor and
shall require the Lessee to fulfill the following obligations,
which rights and obligations and policies in connection
therewith, cannot be substantively changed without approval of
the Greenville County Legislative Delegation:
a.
Provision of $1,000,000 by the Lessee for use by the
Greenville Health Authority (formerly known as the Greenville
Hospital System and later as the Greenville Health System) in
oversight and enforcement of the obligations of the Lessee under
the Lease and Contribution Agreement;
b.
The right of the Greenville Health Authority (formerly
known as the Greenville Hospital System and later as the
Greenville Health System) as the Lessor to require that the
Lessee provide for the delivery of healthcare in a manner
consistent with the requirements of Act 432 of 1947, including
but not limited to,
(i)
the provision of charity and indigent
care;
(ii)
participation in Medicare and Medicaid;
(iii)
maintenance of all licenses for its facilities and
services;
(iv)
maintenance of the Lessee's existence as a not for profit
entity;
(v)
the provision of inpatient and outpatient hospital
services and emergency services consistent with those provided
regionally by other safety net hospitals;
(vi)
the commitment to not discriminate
based on race, religion, or other protected class;
(vii)
a commitment to diversity, inclusion, and a just
culture;
(viii)
the operation of the facilities in furtherance of meeting
the public needs of the community;
(ix)
the provision at all times that not
less than ninety percent of the members of the Lessee's Board of
Directors shall reside in or have business interests in the
regions served by the Lessee including specifically Oconee,
Laurens, and Pickens Counties;
(x)
adequately maintaining and insuring
the leased facilities;
(xi)
the provision of $6,000,000 per year
for the terms of the lease, including renewal, to the Greenville
Health Authority (formerly known as the Greenville Hospital
System and later as the Greenville Health System), $4,000,000 of
which shall be used in supporting health-related care, research,
and education initiatives benefiting the residents of Greenville
County of which twenty-five percent must be allocated to
underprivileged communities, $1,000,000 to be distributed among
municipalities within Greenville County and $1,000,000 payable
to Greenville County; and
(xii)
modification of the dispute resolution and enforcement
rights of the Greenville Health Authority (formerly known as the
Greenville Hospital System and later as the Greenville Health
System) to require compliance with the terms of the Lease and
with appeals to the court of appeals.
c.
The obligation of the Lessee to be accountable to the
Greenville Health Authority (formerly known as the Greenville
Hospital System and later as the Greenville Health System) and
the community and to annually report to the Greenville Health
Authority (formerly known as the Greenville Hospital System and
later as the Greenville Health System) in a public meeting on
its compliance with the requirements of the Lease and
Contribution Agreement. The members of the Greenville County
Legislative Delegation must be invited to the meeting and an
opportunity will be provided to them and the public to provide
input on community healthcare needs.
d.
The right of the Greenville Health Authority (formerly
known as the Greenville Hospital System and later as the
Greenville Health System), as lessor to set the initial terms of
the Lease and Contribution Agreement at thirty-four years and
the right to provide for extensions of the initial term in
four-year increments which must be affirmatively approved by the
governing board of the Greenville Health Authority.
e.
In making the recommendations to the Greenville County
Legislative Delegation of members to serve on the governing
board of the lessor, as required under Act 432 of 1947, as
amended, the lessor shall nominate individuals to serve at-large
so that at all times an individual residing in a specified
county as set forth in section 5.10 of the lease, shall have
received the concurrence of the Legislative Delegation of that
county.
(2)
In addition to the requirements of subsection B.1. of this
section, the ratification and confirmation, as provided in
subsection A of this section, is based on the following
provisions being included in the Master Affiliation Agreement:
A dispute resolution process that is the same as the dispute
resolution process contained in the Lease and Contribution
Agreement.
SECTION 2. Section 1(A) of Act 432 of 1947, as redesignated by Act 105 of 2013 and then amended by Act 102 of 2015, is further amended to read:
"(A) For the
purpose of operating and at all times maintaining adequate
hospital facilities for the residents of Greenville County,
including those residents in the City of Greenville and as
otherwise provided by law, including, but not limited to,
Section 44-7-78, Code of Laws of South Carolina, 1976, there is
established the Greenville Health System
Authority (formerly known as the Greenville Hospital
System and later as the Greenville Health System) which
must be governed by a board of trustees selected pursuant to
this section."
SECTION 3. Section 2 of Act 432 of 1947, as redesignated and amended by Act 105 of 2013, is further amended by adding an appropriately numbered item to read:
"( ) provide for the fulfillment of the Greenville Health Authority's purpose through agreements and leases by the Greenville Health Authority with not-for-profit entities. The power conferred upon the Greenville Health Authority by this item includes the power to participate in a system comprised of nonprofit entities in which strategy is centrally established and coordinated, affiliated nonprofit entities are part of the system and provide care, programs and services, and resources of system participants are used in support of the system."
SECTION 4. The authorizations and powers conferred in this act on the Greenville Health Authority are in addition to any authorizations and powers previously conferred by the General Assembly on the Greenville Health Authority and nothing contained in this act shall be construed to limit or restrict the authorizations and powers of the Greenville Health Authority.
SECTION 5. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 6. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.