H*3269(Rat #0468, Act #0381 of 1996)  General Bill, By Richardson, J. Brown, 
P.B. Harris, Inabinett, Kelley, Neilson, Rhoad, J.S. Shissias and D.C. Waldrop

Similar(S 390)
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
 44-69-77 so as to allow a licensed continuing care retirement community that
 operates a home health agency and a nursing home to share certain services
 between the home health agency and the nursing home; and to amend Section
 44-69-75, relating to requiring a home health agency to obtain a certificate
 of need before being licensed, so as to exempt certain continuing care
 retirement communities from obtaining a certificate of need to provide home
 health services to its residents if certain conditions are met.-amended title

   01/17/95  House  Introduced and read first time HJ-8
   01/17/95  House  Referred to Committee on Medical, Military,
                     Public and Municipal Affairs HJ-8
   03/30/95  House  Committee report: Favorable with amendment
                     Medical, Military, Public and Municipal Affairs HJ-3
   04/05/95  House  Objection by Rep. Fair, Marchbanks & Robinson HJ-19
   04/05/95  House  Amended HJ-19
   04/05/95  House  Read second time HJ-19
   04/05/95  House  Objection withdrawn by Rep. Robinson & Fair HJ-25
   04/06/95  House  Read third time and sent to Senate HJ-42
   04/11/95  Senate Introduced and read first time SJ-25
   04/11/95  Senate Referred to Committee on Medical Affairs SJ-25
   05/18/95  Senate Committee report: Favorable with amendment
                     Medical Affairs SJ-42
   05/23/95  Senate Amended SJ-133
   05/23/95  Senate Read second time SJ-133
   05/23/95  Senate Ordered to third reading with notice of
                     amendments SJ-133
   05/31/95  Senate Debate adjourned SJ-157
   01/16/96  Senate Recommitted to Committee on Medical Affairs SJ-11
   04/10/96  Senate Committee report: Favorable with amendment
                     Medical Affairs SJ-14
   05/22/96  Senate Amended SJ-37
   05/22/96  Senate Read second time SJ-37
   05/22/96  Senate Ordered to third reading with notice of
                     amendments SJ-37
   05/23/96  Senate Read third time and returned to House with
                     amendments SJ-96
   05/29/96  House  Concurred in Senate amendment and enrolled HJ-231
   05/30/96         Ratified R 468
   06/04/96         Signed By Governor
   06/04/96         Effective date 06/04/96
   06/14/96         Copies available
   06/14/96         Act No. 381

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-69-77 SO AS TO ALLOW A LICENSED CONTINUING CARE RETIREMENT COMMUNITY THAT OPERATES A HOME HEALTH AGENCY AND A NURSING HOME TO SHARE CERTAIN SERVICES BETWEEN THE HOME HEALTH AGENCY AND THE NURSING HOME; AND TO AMEND SECTION 44-69-75, RELATING TO REQUIRING A HOME HEALTH AGENCY TO OBTAIN A CERTIFICATE OF NEED BEFORE BEING LICENSED, SO AS TO EXEMPT CONTINUING CARE RETIREMENT COMMUNITIES FROM OBTAINING A CERTIFICATE OF NEED TO PROVIDE HOME HEALTH SERVICES TO ITS RESIDENTS IF CERTAIN CONDITIONS ARE MET.

Be it enacted by the General Assembly of the State of South Carolina:

Sharing of administration, supervision, and services allowed

SECTION 1. The 1976 Code is amended by adding:

"Section 44-69-77. If a continuing care retirement community licensed pursuant to Title 37, Chapter 11 operates a home health agency licensed pursuant to this chapter and a nursing home licensed pursuant to Title 44, Chapter 7, Article 3, the department shall:

(1) allow the home health agency and nursing home to share administration, supervision, and services to the extent the department determines that sharing does not or will not reduce the care, treatment, health, safety, welfare, and comfort of patients served by the home health agency and the nursing home; and

(2) coordinate, to the extent feasible, annual licensing inspections."

Exemption from certificate of need to provide home health services

SECTION 2. Section 44-69-75 of the 1976 Code is amended to read:

"Section 44-69-75. (A) A home health agency shall obtain a certificate of need before licensure. Procedures for applying for a certificate must be in accordance with the `State Certification of Need and Health Facility Licensure Act'. No certificate is required for home health agencies providing home health services before July 1, 1980.

(B) A continuing care retirement community licensed pursuant to Title 37, Chapter 11, may provide home health services and is exempt from subsection (A) if:

(1) the continuing care retirement community furnishes or offers to furnish home health services only to residents who reside in living units provided by the continuing care retirement community pursuant to a continuing care contract;

(2) the continuing care retirement community maintains a current license and meets applicable home health agency licensing standards;

(3) residents of the continuing care retirement community may choose to obtain home health services from other licensed home health agencies.

Staff from other areas of the continuing care retirement community may deliver the home health services, but at no time may staffing levels in any area of the continuing care retirement community fall below minimum licensing standards or impair the services provided.

If the continuing care retirement community includes charges for home health services in its base contract, it is prohibited from billing additional fees for those services. Continuing care retirement communities certified for Medicare or Medicaid, or both, must comply with governmental reimbursement requirements concerning charges for home health services.

For purposes of this subsection `resident', `living unit', and `continuing care contract' have the same meanings as provided in Section 37-11-20.

(C) Subsection (B) applies only to multi-level continuing care retirement communities which incorporate a skilled nursing facility.

(D) The continuing care retirement community shall not bill in excess of its costs. These costs will be determined on nonfacility-based Medicare and/or Medicaid standards."

Time effective

SECTION 3. This act takes effect upon approval by the Governor.

Approved the 4th day of June, 1996.