Journal of the House of Representatives
of the Second Session of the 110th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 11, 1994

Page Finder Index

| Printed Page 5740, May 10 | Printed Page 5760, May 10 |

Printed Page 5750 . . . . . Tuesday, May 10, 1994

Whereas, state and national efforts to reform the health care system focus on the benefits of managed care and comprehensive community care networks of health care providers as nonregulatory methods of containing costs, increasing efficiency, and serving public needs, while recognizing the critical continuing role of government to ensure high quality care; and

Whereas, the 1993 South Carolina Health Plan of the Department of Health and Environmental Control limits the ability of some hospitals to offer local patients, purchasers, and physicians a comprehensive array of services by requiring comprehensive cardiac catheterization laboratories to be located in hospitals which provide open heart surgery while the plan only permits open heart surgery units at one hospital in Greenville, one hospital in Spartanburg, one hospital in Florence, two hospitals in Columbia, and four hospitals in the Charleston area; and

Whereas, the department recently waived concerns about unnecessary duplication of existing programs and negative impact upon existing programs in approving an open heart surgery program at a hospital in Myrtle Beach; and

Whereas, the General Assembly finds that to participate fully in the increased development of managed care and comprehensive community care networks in South Carolina, hospitals must be able to offer local patients, purchasers, and physicians a comprehensive array of inpatient and outpatient services; and

Whereas, the General Assembly further finds that it is important for the Department of Health and Environmental Control to balance efforts to avoid duplication of health care resources against the need to preserve health care providers close to communities they traditionally serve and improve access to health care for citizens in those communities, while always assuring high quality care. Now, therefore,

( ) SECTION 1. Section 44-7-170 of the 1976 Code, as last amended by Act 511 of 1992, is further amended by adding:

"(C) Notwithstanding the State Health Plan prepared by the department pursuant to Section 44-7-180, the department shall permit a hospital to maintain an open heart surgery unit if the hospital is at least forty miles from another hospital licensed by the department which has an existing open heart surgery unit.

Since there is a relationship between the number of open heart surgery procedures performed by an open heart surgery program's surgical team


Printed Page 5751 . . . . . Tuesday, May 10, 1994

and the success of those procedures, if the number of open heart surgery procedures performed or projected to be performed annually by any open heart surgery programs's surgical team or teams is below the minimum established by the department, the department shall impose reasonable additional quality assurance standards as needed."/

Renumber sections to conform.

Amend title to conform.

POINT OF ORDER

Rep. CORNING raised the Point of Order that Amendment No. 17 was out of order as it was not germane in that it dealt with open heart surgery.

The SPEAKER sustained the Point of Order and ruled the amendment out of order.

Rep. RUDNICK proposed the following Amendment No. 18 (Doc Name L:\council\legis\amend\CYY\16025AC.94), which was ruled out of order.

Amend the bill, as and if amended, by adding an appropriately numbered section to read:

/SECTION . Section 44-7-170 of the 1976 Code is amended by adding at the end:

"(C) Notwithstanding the State Health Plan prepared by the department pursuant to Section 44-7-180, in an emergency the department shall permit a hospital to perform open heart surgery if the hospital is at least forty miles from another hospital licensed by the department which has an existing open heart surgery unit.

To allow emergency open heart surgery the department shall impose and the hospital shall comply with reasonable additional quality assurance standards as needed."/

Renumber sections to conform.

Amend title to conform.

POINT OF ORDER

Rep. CORNING raised the Point of Order that Amendment No. 18 was out of order as it was not germane in that it dealt with open heart surgery.

The SPEAKER sustained the Point of Order and ruled the amendment out of order.

Rep. RUDNICK spoke against the Bill.

Rep. CROMER spoke in favor of the Bill.

Rep. RUDNICK moved to recommit the Bill.


Printed Page 5752 . . . . . Tuesday, May 10, 1994

Rep. MOODY-LAWRENCE demanded the yeas and nays, which were taken resulting as follows:
Yeas 13; Nays 57

Those who voted in the affirmative are:

Askins           Breeland         Brown, J.
Cobb-Hunter      Hines            Kennedy
Keyserling       Martin           Moody-Lawrence
Rudnick          Shissias         Spearman
Whipper

Total--13

Those who voted in the negative are:

Alexander, M.O.  Allison          Bailey, J.
Baker            Baxley           Brown, H.
Cato             Chamblee         Clyborne
Cromer           Davenport        Delleney
Gamble           Gonzales         Harrell
Harrison         Haskins          Hodges
Huff             Hutson           Inabinett
Jaskwhich        Keegan           Kelley
Kirsh            Lanford          Law
Littlejohn       Marchbanks       McCraw
Meacham          Neilson          Quinn
Riser            Robinson         Scott
Sheheen          Simrill          Smith, D.
Smith, R.        Stille           Stoddard
Stone            Sturkie          Townsend
Trotter          Tucker           Vaughn
Waldrop          Walker           Wells
Wilder, D.       Wilder, J.       Wilkes
Witherspoon      Worley           Wright

Total--57

So, the House refused to recommit the Bill.

Rep. DELLENEY spoke in favor of the Bill.


Printed Page 5753 . . . . . Tuesday, May 10, 1994

LEAVE OF ABSENCE

The SPEAKER granted Rep. MEACHAM a leave of absence for the remainder of the day.

Rep. SPEARMAN spoke against the Bill.

Rep. J. WILDER spoke in favor of the Bill.

Rep. WILKES moved that the House do now adjourn.

Rep. KLAUBER demanded the yeas and nays, which were taken resulting as follows:

Yeas 24; Nays 64

Those who voted in the affirmative are:

Askins           Bailey, J.       Baxley
Harrelson        Holt             Houck
Jennings         Keyserling       Kirsh
Martin           McAbee           McCraw
McElveen         Moody-Lawrence   Rudnick
Sheheen          Spearman         Stille
Tucker           Waites           Waldrop
Wilder, D.       Wilder, J.       Wilkes

Total--24

Those who voted in the negative are:

Alexander, T.C.  Allison          Anderson
Bailey, G.       Baker            Breeland
Brown, H.        Brown, J.        Byrd
Cato             Chamblee         Clyborne
Cobb-Hunter      Corning          Cromer
Davenport        Delleney         Fair
Fulmer           Gamble           Gonzales
Govan            Hallman          Harrell
Harrison         Haskins          Hines
Huff             Inabinett        Keegan
Kelley           Kennedy          Klauber
Law              Littlejohn       Marchbanks
McMahand         Neal             Neilson
Quinn            Richardson       Riser
Robinson         Scott            Shissias

Printed Page 5754 . . . . . Tuesday, May 10, 1994

Simrill          Smith, D.        Smith, R.
Stoddard         Stone            Stuart
Sturkie          Townsend         Trotter
Vaughn           Walker           Wells
Whipper          White            Wilkins
Williams         Witherspoon      Wofford
Wright

Total--64

So, the House refused to adjourn.

Rep. KEYSERLING spoke against the Bill.

Rep. WAITES spoke in favor of the Bill.

Rep. WILKES spoke against the Bill.

Rep. J. BAILEY spoke in favor of the Bill.

Rep. HOLT requested that the Bill be read in its entirety.

The Reading Clerk read the Bill.

Rep. JENNINGS spoke against the Bill.

Rep. HARRELSON spoke in favor of the Bill.

Reps. MARTIN and ROGERS spoke against the Bill.

Rep. RUDNICK moved that the House do now adjourn.

Rep. KLAUBER demanded the yeas and nays, which were taken resulting as follows:

Yeas 16; Nays 83

Those who voted in the affirmative are:

Askins           Bailey, J.       Harris, J.
Harwell          Hodges           Holt
Houck            Keyserling       McCraw
McKay            Rogers           Rudnick
Stoddard         Waites           Wilder, D.
Wilder, J.

Total--16

Those who voted in the negative are:



Printed Page 5755 . . . . . Tuesday, May 10, 1994

Alexander, M.O.  Alexander, T.C.  Allison
Anderson         Bailey, G.       Baker
Barber           Beatty           Boan
Breeland         Brown, H.        Brown, J.
Byrd             Cato             Chamblee
Clyborne         Cobb-Hunter      Cooper
Corning          Cromer           Davenport
Delleney         Fair             Fulmer
Gamble           Gonzales         Govan
Hallman          Harrell          Harrelson
Harrison         Haskins          Hines
Hutson           Inabinett        Jaskwhich
Jennings         Keegan           Kelley
Kennedy          Kirsh            Klauber
Koon             Lanford          Law
Littlejohn       Marchbanks       Mattos
McMahand         Moody-Lawrence   Neal
Neilson          Quinn            Richardson
Riser            Robinson         Scott
Sharpe           Sheheen          Shissias
Simrill          Smith, D.        Snow
Spearman         Stille           Stuart
Sturkie          Townsend         Trotter
Tucker           Vaughn           Waldrop
Walker           Wells            Whipper
White            Wilkins          Williams
Witherspoon      Wofford          Worley
Wright           Young, A.

Total--83

So, the House refused to adjourn.

Rep. HODGES moved to commit the Bill to the Committee on Ways and Means.

Rep. WALKER demanded the yeas and nays, which were taken resulting as follows:

Yeas 17; Nays 78

Those who voted in the affirmative are:



Printed Page 5756 . . . . . Tuesday, May 10, 1994

Askins           Breeland         Brown, J.
Byrd             Cobb-Hunter      Hodges
Holt             Keyserling       Moody-Lawrence
Neal             Rudnick          Scott
Shissias         Stoddard         Whipper
White            Wilder, J.

Total--17

Those who voted in the negative are:

Alexander, M.O.  Alexander, T.C.  Allison
Anderson         Bailey, G.       Bailey, J.
Baker            Barber           Boan
Brown, H.        Cato             Chamblee
Clyborne         Cooper           Corning
Cromer           Davenport        Delleney
Fair             Fulmer           Gamble
Gonzales         Govan            Hallman
Harrelson        Harris, J.       Harrison
Harwell          Haskins          Hines
Hutson           Inabinett        Jaskwhich
Keegan           Kelley           Kennedy
Kirsh            Klauber          Koon
Lanford          Law              Littlejohn
Marchbanks       Mattos           McCraw
McKay            McMahand         Neilson
Quinn            Richardson       Riser
Robinson         Sharpe           Sheheen
Simrill          Smith, D.        Smith, R.
Spearman         Stille           Stuart
Sturkie          Townsend         Trotter
Tucker           Vaughn           Waites
Waldrop          Walker           Wells
Wilder, D.       Wilkes           Wilkins
Williams         Witherspoon      Wofford
Wright           Young, A.        Young, R.

Total--78

So, the House refused to commit the Bill.


Printed Page 5757 . . . . . Tuesday, May 10, 1994

Rep. HOLT moved to table the Bill.

Rep. CORNING demanded the yeas and nays, which were taken resulting as follows:

Yeas 10; Nays 83

Those who voted in the affirmative are:

Brown, J.        Byrd             Cobb-Hunter
Hines            Holt             Moody-Lawrence
Rudnick          Whipper          White
Williams

Total--10

Those who voted in the negative are:

Alexander, M.O.  Alexander, T.C.  Allison
Anderson         Bailey, G.       Bailey, J.
Baker            Barber           Boan
Brown, H.        Cato             Chamblee
Clyborne         Cooper           Corning
Cromer           Davenport        Delleney
Fair             Fulmer           Gamble
Gonzales         Govan            Hallman
Harrell          Harrelson        Harris, J.
Harrison         Harwell          Haskins
Hodges           Hutson           Inabinett
Jaskwhich        Jennings         Keegan
Kelley           Kennedy          Kirsh
Klauber          Koon             Lanford
Law              Littlejohn       Marchbanks
Martin           Mattos           McCraw
McElveen         McMahand         Neal
Neilson          Quinn            Richardson
Riser            Robinson         Scott
Sheheen          Simrill          Smith, D.
Smith, R.        Spearman         Stille
Stone            Stuart           Sturkie
Townsend         Trotter          Tucker
Vaughn           Waites           Waldrop
Walker           Wells            Wilder, D.
Wilder, J.       Wilkes           Wilkins

Printed Page 5758 . . . . . Tuesday, May 10, 1994

Witherspoon      Wofford          Worley
Wright           Young, A.

Total--83

So, the House refused to table the Bill.

The question then recurred to the passage of the Bill, as amended, on second reading.

Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:

Yeas 90; Nays 11

Those who voted in the affirmative are:

Alexander, M.O.  Alexander, T.C.  Allison
Anderson         Bailey, G.       Bailey, J.
Baker            Barber           Boan
Brown, H.        Cato             Chamblee
Clyborne         Cooper           Cromer
Davenport        Delleney         Fair
Fulmer           Gamble           Gonzales
Govan            Hallman          Harrell
Harrelson        Harris, J.       Harrison
Harwell          Haskins          Hines
Hodges           Holt             Houck
Hutson           Inabinett        Jaskwhich
Jennings         Keegan           Kelley
Kennedy          Kirsh            Klauber
Koon             Lanford          Law
Littlejohn       Marchbanks       Martin
Mattos           McAbee           McCraw
McElveen         McKay            McMahand
Moody-Lawrence   Neilson          Quinn
Richardson       Riser            Robinson
Scott            Sheheen          Simrill
Smith, D.        Smith, R.        Snow
Spearman         Stille           Stoddard
Stone            Stuart           Sturkie
Townsend         Trotter          Tucker
Vaughn           Waites           Waldrop
Walker           Wells            Wilder, D.

Printed Page 5759 . . . . . Tuesday, May 10, 1994

Wilder, J.       Wilkes           Wilkins
Witherspoon      Wofford          Worley
Wright           Young, A.        Young, R.

Total--90

Those who voted in the negative are:

Askins           Breeland         Brown, J.
Byrd             Cobb-Hunter      Keyserling
Neal             Rudnick          Whipper
White            Williams

Total--11

So, the Bill, as amended, was read the second time and ordered to third reading.

PAIRED

Rep. Shissias (Present) Nay

Rep. Meacham (Absent) Aye

Rep. HASKINS moved that under Rule 8.11, that the House proceed to the Motion Period.

The SPEAKER stated that the motion was out of order.

POINT OF ORDER

Rep. HASKINS: "The Motion Period is a matter in the orders of the day not regularly reached. The motion period has not been reached since February 24. Mr. Speaker, what else would that mean, Rule 8.11, that we may make a motion to take up any matters in the orders of the day not regularly reached."

SPEAKER SHEHEEN: "I don't know what that means. Nobody has ever made that motion since I've been here. I can only tell you that the Chair has never entertained a motion to take up anything out of order on the Calendar other than by Special Order of the Rules Committee which sometimes comes too frequently."

Rep. HASKINS: "But, Mr. Speaker, a precedent wouldn't override the stated rule."

SPEAKER SHEHEEN: "Well, I'm telling you that you can't make that motion and I overrule."


| Printed Page 5740, May 10 | Printed Page 5760, May 10 |

Page Finder Index