General Appropriations Bill H. 3400 for the fiscal year beginning July 1, 1997
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2 H73 - SECTION 22 -VOCATIONAL REHABILITATION
4 1. (VR: Production Contracts Revenue) All revenues derived from production contracts earned by the handicapped
5 trainees of the Evaluation and Training Facilities (Workshops) may be retained by the State Agency of Vocational
6 Rehabilitation and used in the facilities for Client Wages and any other production costs; and further, any excess funds
7 derived from these production contracts be used for other operating expenses and/or permanent improvements of these
9 2. (VR: Reallotment Funds) To maximize utilization of federal funding and prevent the loss of such funding to other
10 states in the Basic Service Program, the State Agency of Vocational Rehabilitation be allowed to budget reallotment and
11 other funds received in excess of original projections in following State fiscal years.
12 3. (VR: Basic Support Program Reconciliation) The General Assembly hereby directs the Department of Vocational
13 Rehabilitation to complete a reconciliation of the cost to operate the Basic Support program related to the combination of
14 State and Federal funds available following the close of each Federal fiscal year. Such reconciliation shall begin with the
15 Federal fiscal year ending September 30, 1989. Federal funds participation for that period shall be applied at the maximum
16 allowable percentage and the level of those funds on hand which have resulted from the over participation of State funds
17 shall be remitted to the General Fund within 120 days following the close of the Federal fiscal year. This reconciliation and
18 subsequent remission to the General Fund shall be reviewed by the State Auditor to ensure that appropriate Federal/State
19 percentages are applied. It is the intent of the General Assembly that Federal/State percentages budgeted and appropriated
20 shall in no way be construed as authorization for the Department to retain the Federal funds involved.
21 4. (VR: User/Service Fees) Any revenues generated from user fees or service fees charged to the general public or
22 other parties ineligible for the Department's services may be retained to offset costs associated with the related activities so
23 as to not affect the level of service for regular agency clients.
24 5. (VR: Meal Ticket Revenue) All revenues generated from sale of meal tickets may be retained by the agency and
25 expended for supplies to operate the agency's food service programs or cafeteria.
26 6. (VR: Technology Assistance for Disabled) The Department shall convene a committee of interested parties and
27 agencies to develop a plan and recommendations for the establishment of a program for assistive technology assistance for
28 members of the public with disabilities. The report shall be submitted to the General Assembly and the Governor by
29 December 1997.
31 J02 - SECTION 29 - DEPARTMENT OF HEALTH AND HUMAN SERVICES
33 1. (DHHS: Recoupment/Restricted Fund) The Department of Health and Human Services shall recoup all refunds and
34 identified program overpayments and all such overpayments shall be recouped in accordance with established collection
35 policy. Further, the Department of Health and Human Services is authorized to maintain a restricted fund, on deposit with
36 the State Treasurer, to be used to pay for Medicaid and Social Services Block Grant Federal liabilities and improvements
37 related to enhancing accountability for future audits. The restricted fund will derive from prior year program refunds. The
38 restricted fund shall not exceed one-half of one percent of the Medicaid and Social Services Block Grant total appropriation
39 authorization for the current year. Amounts in excess of one-half of one percent will be remitted to the General Fund.
40 2. (DHHS: Long Term Care Facility Reimbursement Rate) The Department, in calculating a reimbursement rate for
41 long term care facility providers, shall obtain for each contract period an inflation factor, developed by the Budget and
42 Control Board, Division of Budget and Analyses. Data obtained from Medicaid cost reporting records applicable to long
DEPARTMENT OF HEALTH AND HUMAN SERVICES PAGE 450
1 term care providers will be supplied to the Budget and Control Board, Division of Budget and Analyses. A composite index,
2 developed by the Budget and Control Board, Division of Budget and Analyses will be used to reflect the respective costs
3 of the components of the Medicaid program expenditures in computing the maximum inflation factor to be used in long term
4 care contractual arrangements involving reimbursement of providers. The Division of Budget and Analyses of the Budget
5 and Control Board shall update the composite index so as to have the index available for each contract renewal.
6 The Department may apply the inflation factor in calculating the reimbursement rate for the new contract period from
7 zero percent (0%) up to the inflation factor developed by the Division of Budget and Analyses.
8 3. (DHHS: Medical Assistance Audit Program Remittance) The Department of Health and Human Services shall remit
9 to the General Fund an amount representing fifty percent (allowable Federal Financial Participation) of the cost of the
10 Medical Assistance Audit Program as established in the State Auditor's Office of the Budget and Control Board Section 17D.
11 Such amount shall also include appropriated salary adjustments and employer contributions allocable to the Medical
12 Assistance Audit Program. Such remittance to the General Fund shall be made monthly and based on invoices as provided
13 by the State Auditor's Office of the Budget and Control Board.
14 4. (DHHS: Medicaid Income Limitation) The income limitation for the Medicaid Program shall continue to be three
15 hundred percent of the SSI single payment maximum.
16 5. (DHHS: Third Party Liability Collection) The Department of Health and Human Services is allowed to fund the
17 net costs of contracting for any Special Third Party Liability and Drug Rebate collection efforts from the monies collected
18 in that effort.
19 6. (DHHS: Services Integration Efforts) The funds appropriated in II D shall be utilized for services integration efforts.
20 7. (DHHS: Medicaid State Plan) Where the Medicaid State Plan is altered to cover services that previously were
21 provided by 100% state funds, the Department can bill other agencies for the state share of services provided through
22 Medicaid. The Department will keep a record of all services affected and submit periodic reports to the House Ways and
23 Means and Senate Finance Committees.
24 8. (DHHS: Medically Indigent Assistance Fund) The Department is authorized to expend disproportionate share funds
25 to all eligible hospitals with the condition that all audit exceptions through the receipt and expenditures of these funds are
26 the liability of the hospital receiving the funds. To the extent that any disproportionate share funds authorized under this
27 section exceed a specific hospital's cost, such funds must be spent on health care services by a governmental entity. These
28 funds must be used to reimburse the hospital for expenses in providing uncompensated indigent care.
29 9. (DHHS: Admin. Days/Swing Beds Reduction Prohibition) Funds appropriated herein for hospital administrative
30 days and swing beds shall not be reduced in the event the agency cuts programs and the services they provide.
31 10. (DHHS: Nursing Home Sanctions) The Department of Health and Human Services is authorized to establish an
32 interest bearing Restricted Fund with the State Treasurer, to deposit fines collected as a result of nursing home sanctions.
33 The Department may use these funds to protect the life, health, and property of patients in nursing homes, including payment
34 for the costs of relocation of residents to other facilities, maintenance of operation of a facility pending correction of
35 deficiencies or closure.
36 11. (DHHS: Reimbursement Formula Changes) To the extent the Department can increase Medicaid federal matching
37 funds through changes in reimbursement formulas for other state providers, the Department, with the permission of the state
38 providers, is authorized to retain these funds in an earmarked account on deposit with the State Treasurer and use these funds
39 to cover unanticipated increases in Medicaid expenditures. The Department should not hold any other state provider liable
40 for disallowances resulting from these changes. Any funds realized as a result of this proviso shall be reported as part of
41 the following year budget process.
DEPARTMENT OF HEALTH AND HUMAN SERVICES PAGE 451
1 12. (DHHS: Managed Care) The Insurance Law of South Carolina and the regulations promulgated thereunder shall
2 not apply to partially capitated, primary care providers, insofar as such groups or individuals are defined by and agree to
3 provide health care services under South Carolina's Medicaid Managed Care Program.
4 13. (DHHS: Health Benefit Plan Demonstration Project) The Health Benefit Plan Demonstration Project is exempt from
5 the provisions of Title 38 of the 1976 Code and regulations promulgated by the Chief Insurance Commissioner.
6 14. (DHHS: Child Care and Development Block Grant) The Department of Health and Human Services (DHHS) shall
7 use the funds appropriated to provide matching funds for the new Child Care and Development Block Grant. DHHS, in
8 coordination with the Department of Social Services, shall use these child care funds to support the state's welfare reform
9 program (Family Independence Act of 1995) and to provide temporary child care services to other low income working
11 15. (DHHS: Residential Care Optional Supplement) From the appropriation made herein for General Assistance, the
12 Department will supplement the income of individuals who reside in licensed residential care facilities, and who also qualify
13 as aged, blind or disabled under the Medicaid State Plan, or who would qualify except for income limitations or residence
14 in a residential care facility reclassified as a public institution by the Social Security Administration. For the period of the
15 current fiscal year, the Department will, based on availability of funds, supplement the income of the above defined group
16 up to a maximum of $803.00 per/month and the residential care facilities are authorized to charge a fee of $770.00
17 per/month for the defined group. The Department will allow each individual in the defined group a $33.00 per/month
18 personal needs allowance. If the federal government grants a cost of living increase to Social Security and Supplemental
19 Security Income recipients, the Department will increase the maximum residential care payment by the amount of the cost
20 of living increase. The Department shall establish the maximum number of Optional Supplement Requests that can be
21 funded. Each facility that participates in the Optional Supplement Program must submit a notarized operating cost report.
22 The Department will develop a form to be used by all facilities. The cost information will include income and operating
23 costs for the facility. The Department shall explore any options for maximizing state matching dollars in the provision of
24 services to residents of licensed community residential care facilities and report to the Ways and Means Committee, the
25 Senate Finance Committee, and the Governor's Office no later than September 30, 1997. Nothing herein shall be deemed
26 to mandate a lower level of nursing home care by the Department. The Department will develop a time schedule for reports
27 to be submitted. Facilities failing to adhere to the time schedule will not be eligible to receive Optional Supplement
28 payments. Information received by the Department will be consolidated and submitted to the Ways and Means Committee
29 and Senate Finance Committee.
30 16. (DHHS: Family Planning) Of the funds appropriated for Family Planning, $156,000 shall be used for long term
31 contraceptives and matched with Federal funds to the fullest extent possible.
33 J04 - SECTION 30 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL
35 1. (DHEC: County Health Departments Funding) Out of the appropriation provided in this section for "Public Health
36 Districts", the sum of $25,000 shall be distributed to the county health departments by the Commissioner, with the approval
37 of the Board of Department of Health and Environmental Control, for the following purposes:
38 1. To insure the provision of a reasonably adequate public health program in each county.
39 2. To provide funds to combat special health problems that may exist in certain counties.
40 3. To establish and maintain demonstration projects in improved public health methods in one or more counties in
41 the promotion of better public health service throughout the State.
42 4. To encourage and promote local participation in financial support of the county health departments.
DEPARTMENT OF HEALTH & ENVIRONMENTAL CONTROL PAGE 452
1 5. To meet emergency situations which may arise in local areas.
2 6. To fit funds available to amounts budgeted when small differences occur.
3 The provisions of this proviso shall not supersede or suspend the provisions of Section 13-7-30 of the 1976 Code.
4 2. (DHEC: County Special Projects) Counties may continue to fund special projects in conjunction with the County
5 Health Departments. Salaries for county special project employees, including merit increases and fringe benefits, shall be
6 totally funded by the county(s) involved. County special project employees shall not be under the state merit system or state
7 compensation plan and they shall receive their compensation directly from the county(s).
8 3. (DHEC: County Health Units) Federal funds made available to the Department of Health and Environmental
9 Control for the allocation to the counties of the State for operation of county health units be allotted on a basis approved
10 by the Board of the Department of Health and Environmental Control and the amount of State funds appropriated herein
11 for "Public Health Districts", except for salary increases, shall be allocated on a basis such that no county budget shall
12 receive less than the amount received in the prior fiscal year.
13 4. (DHEC: Camp Burnt Gin) Private donations or contributions for capital improvements at Camp Burnt Gin shall
14 be deposited in a restricted account and carried forward until sufficient amounts are available for such improvements. Any
15 expenditures from the account must first be approved by the Budget and Control Board and the Joint Bond Review
17 5. (DHEC: Children's Rehabilitative Services) The Children's Rehabilitative Services shall be required to utilize any
18 available financial resources including insurance benefits and/or governmental assistance programs, to which the child may
19 otherwise be entitled in providing and/or arranging for medical care and related services to physically handicapped children
20 eligible for such services, as a prerequisite to the child receiving such services.
21 6. (DHEC: Cancer/Hemophilia) Notwithstanding any other provisions of this act, the funds appropriated herein for
22 cancer treatment services $1,168,409 and the hemophilia assistance program, $66,477 shall not be transferred to other
23 programs within the agency and when instructed by the Budget and Control Board or the General Assembly to reduce funds
24 within the department by a certain percentage, the Department may not act unilaterally to reduce the funds for any cancer
25 treatment program and hemophilia assistance program provided for herein greater than such stipulated percentage.
26 7. (DHEC: Speech & Hearing) The Department of Health and Environmental Control shall utilize so much of the
27 funds appropriated in this section as may be necessary to continue the Speech and Hearing programs.
28 8. (DHEC: Local Health Departments) As of July 1, 1981, the counties of the state will be relieved of contribution
29 requirements for salary, fringe benefits and travel reimbursement to local health departments. The amount of $5,430,697
30 is appropriated for county health department salaries, fringe benefits and travel. These funds and other state funds
31 appropriated for county health units may, based upon need, be utilized in either salary or travel categories. Each county shall
32 provide all other operating expenses of the local health department in an amount at least equal to that appropriated for
33 operations for each county in Fiscal Year 1981. In the event any county makes uniform reductions in appropriations to all
34 agencies or departments for maintenance and operations, exclusive of salaries and fringe benefits, a like reduction shall be
35 made in funds appropriated for the operating expenses of the local health department.
36 9. (DHEC: Insurance Refunds) The Department of Health and Environmental Control is authorized to budget and
37 expend monies resulting from insurance refunds for prior year operations for case services in the following programs: Health
38 Promotion, Preventive Health Services, and Maternal and Child Care.
39 10. (DHEC: Emergency Medical Services) Funds appropriated herein for Emergency Medical Services, shall be
40 allocated to the Counties for the purpose of improving or upgrading the system, and shall be allocated to the EMS-Regional
41 Councils for administration of training programs and technical assistance to the local EMS units and the funds shall be
42 allocated by a ratio of 45 percent to the counties and 55 percent to the EMS Regional Councils. The Department of Health
DEPARTMENT OF HEALTH & ENVIRONMENTAL CONTROL PAGE 453
1 and Environmental Control shall develop guidelines and administer the system to make allocations within each region based
2 on demonstrated need and local match. The $1 million increase provided herein shall not require local match and local
3 match shall not be a factor in determining the allocation. The $1 million increase shall be allocated by a ratio of 81 percent
4 to counties, 12 percent to EMS Regional Councils and 7 percent to the state EMS office. Funds appropriated $1,955,195
5 to Emergency Medical Services shall not be transferred to other programs within the Department's budget. In addition, when
6 instructed by the Budget and Control Board or the General Assembly to reduce funds by a certain percentage, the
7 Department may not reduce the funds appropriated for EMS Regional Councils or Aid to Counties greater than such
8 stipulated percentage.
9 11. (DHEC: Rape Crisis Centers) Of the amounts appropriated in Primary Care-Case Services, $651,107 shall be used
10 for rape crisis centers around the state. Distribution of funds shall be based on DHEC Rape Crisis services standards and
11 expenditures monitored by DHEC. Provided funding remains unchanged for FY 1998, each of the 17 rape crisis centers
12 shall receive funding at the FY 1997 level. Any increase above the $651,107 total shall be equally distributed to each
13 center. Any reduction in funding shall result in decreases to each center proportionate to the FY 1997 distribution amount.
14 12. (DHEC: Sickle Cell Blood Sample Analysis) $16,000 is appropriated in Maternal and Child Care for the Sickle
15 Cell Program for Blood Sample Analysis and shall be used by the Department to analyze blood samples submitted by the
16 four existing regional programs - Region I, Barksdale Sickle Cell Anemia Foundation in Spartanburg; Region II, Clark
17 Sickle Cell Anemia Foundation in Columbia; Region III, Committee on Better Racial Assurance Hemoglobinopathy
18 Program in Charleston; and the Orangeburg Area Sickle Cell Anemia Foundation.
19 13. (DHEC: Sickle Cell Programs) $475,000 is appropriated for Sickle Cell program services, 47% is to be designated
20 for the Community Based and Newborn Screening Programs (Sickle Cell) and shall be apportioned as follows:
21 (1) 48% is to be divided equally between the existing Community Based Sickle Cell Programs located in Spartanburg
22 and Columbia; and
23 (2) 52% is for the Community Based Sickle Cell Program in Charleston.
24 The funds shall be used for providing prevention programs, educational programs, testing, counseling and newborn
25 screening. The balance of the total appropriation must be used for Sickle Cell Services operated by Children's Rehabilitative
26 Services of DHEC. The funds appropriated to the community based sickle cell centers shall be reduced to reflect any percent
27 reduction assigned to the Department of Health and Environmental Control by the Budget and Control Board; provided,
28 however, that the Department may not act unilaterally to reduce the funds for the Sickle Cell program greater than such
29 stipulated percentage. The Department shall not be required to undertake any treatment, medical management or health care
30 follow-up for any person with sickle cell disease identified through any neonatal testing program, beyond the level of
31 services supported by funds now or subsequently appropriated for such services. No funds appropriated for ongoing or
32 newly established sickle cell services may be diverted to other budget categories within the DHEC budget.
33 14. (DHEC: Genetic Services) The sum of $222,390 appearing under the Maternal and Child Care Section of this Act
34 shall be appropriated to and administered by the Department of Health and Environmental Control for the purpose of
35 providing appropriate genetic services to medically needy and underserved persons. Such funds shall be used by the
36 Department to administer the program and to contract with appropriate providers of genetic services. Such services will
37 include genetic screening, laboratory testing, counseling, and other services as may be deemed beneficial by the Department,
38 and these funds shall be divided equally among the three Regional Genetic Centers of South Carolina, composed of units
39 from the Medical University of South Carolina, the University of South Carolina School of Medicine, and the Greenwood
40 Genetic Center.
41 15. (DHEC: Revenue Carry Forward Authorization) The Department of Health & Environmental Control is hereby
42 authorized to collect, expend and carry forward revenues in the following programs: Sale of Goods (confiscated goods, arm
DEPARTMENT OF HEALTH & ENVIRONMENTAL CONTROL PAGE 454
1 patches, etc.), sale of meals at Camp Burnt Gin, sale of publications, brochures, photo copies and certificate forms, including
2 but not limited to, pet rabies vaccination certificate books, sale of listings and labels, sale of State Code and Supplements,
3 sale of films and slides, sale of maps, sale of items to be recycled, including used motor oil and batteries, etc., and collection
4 of registration fees for non-DHEC employees.
5 16. (DHEC: Pharmacist Permits) The Department of Health and Environmental Control shall be exempted from the
6 requirements of Section 40-43-370 of the 1976 Code of Laws, as amended, as it relates to the requirement that a pharmacist
7 employed by the Department may supervise no more than two adjacent districts. The Department of Health and
8 Environmental Control shall not be exempt from any other provisions of Section 40-43-370.
9 17. (DHEC: Safe Drinking Water Act) In order to comply with the provisions of the federal Safe Drinking Water Act,
10 the Department is authorized to collect a fee from each public water system. The fee must be based upon the number of taps
11 through which the system provides water to its customers The fees collected must be returned to the department for the
12 purposes of implementing the Safe Drinking Water Act Regulatory Program including engineering plan review, compliance
13 inspections, and enforcement; and for providing technical assistance and monitoring and laboratory analytical services for
14 the public water systems of the State. The fee shall be as follows:
16 COMMUNITY AND NON-TRANSIENT NON-COMMUNITY
17 WATER SYSTEMS
19 Fee = Program Administration Component + Distribution Monitoring Component + Source Monitoring Component
21 Fee = $10.80 x (# Taps Up To 10) + $7.20 x (# Taps From 11 To 25) + $5.76 x ( # Taps From 26 To 50) + $4.32 x (# Taps
22 From 51 To 100) + $2.88 x (# Taps From 101 To 500) + $2.16 x (# Taps From 501 To 1,000) + $1.44 x (# Taps
23 From 1,001 To 5,000) + $1.08 x (# Taps From 5,001 To 10,000) + $0.68 x (# Taps From 10,001 To 15,000) + $0.36
24 x (# Taps From 15,001 To 25,000) + $0.23 x (# Taps From 25,001 To 50,000) + $0.14 x (# Taps From 50,001 To
25 100,000) + $0.09 x (# Taps Greater Than 100,000)
27 + $158 (Systems Serving Up To 100 Taps); Or, $450 (Systems Serving 101 To 1,000 Taps); Or, $2,250 (Systems
28 Serving 1,001 To 15,000 Taps); Or, $4500 (Systems Serving Greater Than 15,000 Taps)
30 + [($225 x (#GW Sources)) + ($450 x (#SW Sources))] [Up To 25 Taps]; Or, [($360 x (#GW Sources)) + ($720
31 x (#SW Sources))] [From 26 To 100 Taps]; Or, [($900 x (#GW Sources)) + ($1800 x (#SW Sources))] [Greater
32 Than 100 Taps]; Or, [Maximum $5,000]
34 SYSTEM SIZE PROGRAM ADMINISTRATION
35 (NUMBER OF TAPS) (BASE AMOUNT + RATE PER TAP)
36 BASE RATE PER TAP
38 1 To 10 $0 $10.80 First 10 Taps
39 11 To 25 $108 $7.20 Taps 11 To 25
40 26 To 50 $216 $5.76 Taps 26 To 50
41 51 To 100 $360 $4.32 Taps 51 To 100
42 101 To 500 $576 $2.88 Taps 101 To 500
DEPARTMENT OF HEALTH & ENVIRONMENTAL CONTROL PAGE 455
1 501 To 1,000 $1,728 $2.16 Taps 501 To 1,000
2 1,001 To 5,000 $2,808 $1.44 Taps 1,001 To 5,000
3 5,001 To 10,000 $8,568 $1.08 Taps 5,001 To 10,000
4 10,001 To 15,000 $13,968 $0.68 Taps 10,001 To 15,000
5 15,001 To 25,000 $17,343 $0.36 Taps 15,001 To 25,000
6 25,001 To 50,000 $20,943 $0.23 Taps 25,001 To 50,000
7 50,001 To 100,000 $26,568 $0.14 Taps 50,001 To 100,000
8 100,000 And Above $33,318 $0.09 Over 100,000
10 SYSTEM SIZE DISTRIBUTING SOURCE MONITORING
11 (NUMBER OF TAPS) MONITORING (RATE PER SOURCE)
12 (FIXED RATE) GROUNDWATER SURFACE WATER
14 1 To 10 $ 158 $225 $ 450
15 11 To 25 $ 158 $225 $ 450
16 26 To 50 $ 158 $360 $ 720
17 51 To 100 $ 158 $360 $ 720
18 101 To 500 $ 450 $900 $1,800
19 501 To 1,000 $ 450 $900 $1,800
20 1,001 To 5,000 $2,250 $900 $1,800
21 5,001 To 10,000 $2,250 $900 $1,800
22 10,001 To 15,000 $2,250 $900 $1,800
23 15,001 To 25,000 $4,500 $900 $1,800
24 25,001 To 50,000 $4,500 $900 $1,800
25 50,001 To 100,000 $4,500 $900 $1,800
26 100,001 And Above $4,500 $900 $1,800
28 OTHER PUBLIC WATER SYSTEMS
30 Transient Non-Community Systems: Fee = $225
31 Systems Serving More Than 1 Tap But Less
32 Than 15 Taps and Serving Less Than 25 People: Fee = $135
33 Systems Serving 1 Tap and Serving Less Than
34 25 People: Fee = $ 90
35 Vending Machines: Fee = $ 45
37 For the purposes of this fee schedule, tap is defined as a service connection, the point at which water is delivered to the
38 consumer (building, dwelling, commercial establishment, camping space, industry, etc.) from a distribution system, whether
39 metered or not and regardless of whether there is a user charge for consumption of the water.
40 The Department shall submit an annual report to the Senate Finance Committee, House Ways & Means Committee, South
41 Carolina Section American Water Works Association and the Municipal Association detailing activities funded from safe
42 drinking water fees. The report shall include the amount of fees collected from each waterworks and the listing of
DEPARTMENT OF HEALTH & ENVIRONMENTAL CONTROL PAGE 456
1 expenditures from those fees. The expenditures shall be accompanied by a list of benefits the waterworks receive from the
2 State as a result of the fees. In providing monitoring and laboratory analytical services, DHEC will consider least cost
3 alternatives including contracting with private laboratories when appropriate. DHEC shall include all applicable direct and
4 indirect costs in developing cost comparisons with private laboratories.
6 All fees remaining unpaid thirty (30) days after billing will be issued a late notice with no penalty due, however, it will
7 contain advisement of penalty for non-payment after sixty (60) days. Fees remaining unpaid after sixty days will be assessed
8 a ten percent (10%) penalty. Fees remaining unpaid at the end of ninety (90) days will be assessed a twenty-five percent
9 (25%) penalty in addition to the sixty day penalty. The sum of both penalties may not exceed five thousand dollars. Persons
10 delinquent under this paragraph will be notified by the Department by certified mail at their last known address.
11 All returned checks will be subject to a returned check fee as outlined in the DHEC Administrative Policy and Procedures
12 Manual. This penalty will be in addition to those outlined above.
13 No monitoring will be conducted on systems with fees unpaid at the end of ninety (90) days.
14 18. (DHEC: Medicaid Nursing Home Bed Days) Pursuant to Section 44-7-84(A) of the 1976 Code, the maximum
15 number of Medicaid patient days for which the Department of Health and Environmental Control is authorized to issue
16 Medicaid nursing home permits is 4,009,500 $4,075,565.
17 19. (DHEC: Infectious Waste Health Inspectors) The Department of Health and Environmental Control shall assign
18 full-time health inspectors to serve at commercial incinerators which dispose of infectious waste for the purpose of assuring
19 the protection of the health and safety of the public by monitoring the receipt, handling and disposal of infectious waste at
20 these sites. The Department shall implement a fee of up to $5.00 per ton of infectious waste to cover the costs of
21 implementing this inspection program, not to exceed $150,000, to be collected quarterly from such inspected facilities to
22 be deposited in the General Fund.
23 20. (DHEC: Septic Tank & Retail Food Establishments Inspection Fees) The Department shall charge a septic tank
24 inspection fee of $60.00. This fee shall be paid prior to the evaluation of any site for which an application for a septic tank
25 permit has been made. The Department shall charge annual inspection fees for retail food establishments. Retail food
26 establishments obtaining a permit for the first time shall be charged an inspection fee of $60.00. These fees must be paid
27 prior to the issuance of a permit. After the first year, renewal inspection fees shall be based on gross sales of food and food
28 products for the facility's previous business year as follows:
30 Gross Sales Annual Fee
31 $299,999 or less $60.00
32 $300,000 to 2,999,999 $70.00
33 $3,000,000 or more $80.00
35 The Department shall revise the annual inspection fee schedule for food service establishments to provide for additional
37 Annual renewal fees shall be due thirty (30) days from the billing date. A penalty charge of $30.00 for all facilities shall
38 be assessed for inspection fees that are past due. A second penalty shall be assessed for inspection fees sixty (60) days past
40 Owners of retail food establishments shall furnish previous business year sales information on request of the Department.
41 The following retail food establishments shall be exempt from fee charges:
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1 Retail food establishments that are operated by a public or private school (kindergarten through grade 12); or are operated
2 by a child care facility.
4 Retail food establishments operated by health care facilities that are regulated by the Department.
6 Retail food establishments that are operated by other state agencies or local governments that provide food for patients,
7 clients or inmates.
9 Retail food establishments that are operated by non-profit organizations for the purpose of providing meals or food to
10 needy persons at little or no cost; or for the purpose of raising money for a charitable purpose.
12 An entity claiming an exemption from fee charges may be required to submit annually to the Department written evidence
13 that it meets one or more of the above criteria.
14 21. (DHEC: Vital Records Fees) The Department of Health and Environmental Control shall revise fees for Vital
15 Records. The following fee schedule shall be implemented effective July 1, 1991 and the revenue generated shall be retained
16 and expended by the agency to offset the cost of operations of the Vital Records System.
18 Records Search (includes one certification, if located) . . . . . $ 8.00
20 Additional similar certifications of the same
21 record ordered at the same time . . . . . . . . . . . . . . . . . $ 3.00
23 Expedited service (additional to other required fees) . . . . . . $ 5.00
25 Index Verification for Government Agencies. . . . . . . . . . . . $ 2.00
27 Special Filing Fees (additional to research fee)
28 (1) Correction of certificate by affidavit . . . . . . . . . . $10.00
29 (2) Amended certificate (adoption, legitimation,
30 court order, paternity acknowledgment). . . . . . . . . . $10.00
31 (3) Delayed Registration of Birth. . . . . . . . . . . . . . . $10.00
33 Fees collected at the county health departments for records searches, amendments of records, delayed birth registration
34 and additional copies of the same record requested at the same time shall be distributed as follows: 50% to the county health
35 department and 50% to Vital Records Central Office.
36 22. (DHEC: Health Licensing Fee) Funds resulting from an increase in the Health Licensing Fee Schedule shall be
37 retained by the Department to fund increased responsibilities of the health licensing programs.
38 23. (DHEC: Controlled Substances Registration Fees) Provided, that the fees assessed for registration under Title 44,
39 Chapter 53, Article 3 of the amended Code (the Controlled Substances Act) and set forth under Paragraph 103 of R61-4 of
40 the amended Code shall be increased as follows:
41 (1) The fees set in R61-4, Paragraph 103(a), (c), (d), (e), and (h) at $75.00 per annum are increased to $100.00 per
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1 (2) The fees set in R61-4, Paragraph 103(b) at $75.00 per annum are increased to $275.00 per annum.
2 (3) The fees set in R61-4, Paragraph 103(f) at $360.00 per annum are increased to $600.00 per annum.
3 (4) The fees set in R61-4, Paragraph 103(g) at $240.00 per annum are increased to $500.00 per annum.
4 (5) The Department of Health and Environmental Control shall modify R61-4, Paragraph 103 to conform to the fees
5 set forth in this proviso.
6 (6) This proviso shall become effective for the 1992-1993 registration period and shall continue in force until modified
7 by revision of R61-4, Paragraph 103.
8 24. (DHEC: Medical & Dental Loan Program) Notwithstanding other provisions of law, unobligated funds in the
9 Medical & Dental Loan program may be expended for other health service programs.
10 25. (DHEC: Infectious Waste Contingency Fund) The Department of Health and Environmental Control is authorized
11 to use not more than $75,000 from the Infectious Waste Contingency Fund per year for personnel and operating expenses
12 to implement the Infectious Waste Act.
13 26. (DHEC: Nursing Home Medicaid Bed Day Permit) Beginning July 1, 1993, when transfer of a Medicaid patient
14 from a nursing home is necessary due to violations of state or federal law or medicaid certification requirements, the
15 medicaid patient day permit shall be transferred with the patient to the receiving nursing home. The receiving facility shall
16 apply to permanently retain the medicaid patient day permit within sixty days of receipt of the patient.
17 27. (DHEC: SC Mining Council) The amount appropriated in this section for "Mining and Reclamation", "Per Diem"
18 and "Travel" may be used for reimbursement of expenses and per diem for the South Carolina Mining Council.
19 28. (DHEC: Mineral Sets Revenue) The Department is authorized to charge a reasonable fee for mineral sets. Funds
20 generated from the sale of mineral sets may be retained by the Department in a revolving account with a maximum carry
21 forward of $2,000 and must be expended for mineral set supplies and related mining and reclamation educational products.
22 29. (DHEC: Spoil Easement Areas Revenue) The Department is authorized to collect, retain and expend funds received
23 from the sale of and/or third party use of spoil easement areas, for the purpose of meeting the State of South Carolina's
24 responsibility for providing adequate spoil easement areas for the Atlantic Intracoastal Waterway in South Carolina. Any
25 unexpended balance on June 30, of the prior fiscal year would be carried forward into the next fiscal year and expended for
26 the same purposes.
27 30. (DHEC: Performance Bond Forfeiture Revenue Carry Forward) The Department is authorized to retain and expend
28 revenue derived from forfeiture of performance bonds to cover the cost of restoring damaged critical areas. Any unexpended
29 balance on June 30, of the prior fiscal year would be carried forward into the next fiscal year and expended for the same
31 31. (DHEC: Special Permits) Notwithstanding any other provisions of law or Rule and Regulation where the State of
32 South Carolina is exposed to compensation requirements of the Constitutions, the Department is hereby authorized to issue
33 special permits pursuant to Section 48-39-290(D) for habitable structures not to be larger than 5,000 square feet of heated
35 32. (DHEC: Permit Application) Permit Application fees collected pursuant to Section 48-39-145 of the 1976 Code
36 must be retained by the department and used to establish the Coastal Resources Access Fund to be administered by the
37 Office of Ocean and Coastal Resource Management. The office shall make matching grants from the fund on a 50/50 basis
38 to local governments in the South Carolina Coastal Zone for projects which enhance the public's use and enjoyment of
39 coastal resources.
40 33. (DHEC: Per Visit Rate Bureau of Home Health and Long Term Care) The SCDHEC is authorized to compensate
41 non-permanent, part-time employees on a fixed rate per visit basis. Compensation on a fixed rate per visit may be paid only
42 to Bureau of Home Health and Long Term Care employees for whom the Department receives per visit reimbursement from
DEPARTMENT OF HEALTH & ENVIRONMENTAL CONTROL PAGE 459
1 other sources. These individuals will provide direct patient care in a home environment. The per visit rate may vary based
2 on the discipline providing the care and the geographical location of services rendered. Management may pay exempt or
3 non-exempt employees as defined by the Fair Labor Standards Act only when they are needed to work. Individuals
4 employed in this category may exceed twelve months, but are not eligible for State benefits except for the option of
5 contributing to the State Retirement System.
6 34. (DHEC: Grand Strand Beach Renourishment Match) Any funds appropriated by the state for the Grand Strand
7 Beach Renourishment Project cannot be expended until the U.S. Army Corps of Engineers certifies to the Department of
8 Health & Environmental Control that the federal funds and the required funds from local governments for construction of
9 the Grand Strand Beach Renourishment Project are available for expenditure.
10 35. (DHEC: Cardiac Care Services) Notwithstanding any other provision of law, any facility which: (1) obtained a
11 certificate of need for diagnostic cardiac catheterization before July 10, 1992; (2) filed to obtain a certificate of need for
12 open-heart surgical services before January 1, 1993; and (3) has a written open-heart surgery back-up agreement with a
13 facility that provides an open-heart surgery service located within a thirty-minute one-way drive may provide therapeutic
14 cardiac catheterizations. The facility's authority to continue to provide therapeutic cardiac catheterizations terminates sixty
15 days after the effective date of any changes to the criteria contained in the State Health Plan for issuing a certificate of need
16 for open heart surgery. A facility may continue to provide therapeutic cardiac catheterizations after the sixty-day period
17 only if the facility has applied for a certificate of need for open heart surgery under the new criteria within sixty days of the
18 new criteria's effective date. The facility's authority to continue to provide therapeutic cardiac catheterizations during the
19 period while its certificate of need application under the new criteria is pending terminates upon the issuance of a final non-
20 appealable decision on the application for a certificate of need under the new criteria.
21 36. (DHEC: Allocation Patient Days) The Department will allocate additional Medicaid patient days authorized above
22 the previous fiscal year's level as provided in Proviso 30.18 based on a percentage of need indicated by the Community Long
23 Term Care waiting list. Not withstanding any other provision of law, of the additional patient days authorized above the
24 previous year's level as provided in Proviso 30.18, the Department may approve additional nursing home patient days/beds
25 not to exceed 11,680 patient days/32 beds for those facilities in those rural counties that have (1) only one nursing home;
26 (2) have no more than eighty-eight nursing home beds; (3) have more than 22 percent of the population age sixty-five and
27 over with an income below the poverty level; and, (4) are below the mean of the South Carolina median family income.
28 A Certificate of Need application for these rural counties must be received by the Department no later than August 1, 1996,
29 and the Department will reserve Medicaid patient days for up to ninety percent of the number of additional beds.
31 J12 - SECTION 31 - DEPARTMENT OF MENTAL HEALTH
33 1. (DMH: Medicare Revenue) All Federal Funds received by the Department of Mental Health from patients' Medicare
34 benefits shall be considered as patient fees under the provision of Act No. 1276 of the 1970 Acts (provision for the issuance
35 of bonds to be repaid from patient fees) except that the Department shall remit to the General Fund of the State $290,963
36 from such funds to support the appropriation for administrative costs of the collection of Medicare benefits. The Department
37 shall retain and expend up to $3 million of all Medicare Revenue earned prior to July 1, of the prior fiscal year, but received
38 in the current fiscal year from cost recovery efforts, all additional prior earnings shall be remitted to the General Fund,
39 except that the cost and fees of identifying and collecting such additional Medicare Revenue to which the Department is
40 entitled may be paid from funds actually collected from such efforts.
41 2. (DMH: Paying Patient Account) Notwithstanding any other provision of law and in addition to other payments
42 provided in Part I of this Act, the Department of Mental Health is hereby directed during the current fiscal year to remit to
DEPARTMENT OF MENTAL HEALTH PAGE 460
1 the General Fund of the State the amount of $3,800,000 $2,800,000 to be paid from the surplus funds in the paying patient
2 account which has been previously designated for capital improvements and debt service under the provisions of Act 1276
3 of 1970. It is the intent of the General Assembly to assist the Department to reduce and eventually eliminate this obligation
4 to the General Fund.
5 3. (DMH: Patient Fee Account) Notwithstanding any other provisions of law and in addition to other payments
6 provided in Part I of this Act, the Department of Mental Health is hereby authorized during the current fiscal year, to provide
7 the funds budgeted herein for $6,214,911 for Departmental operations, $400,000 for the Continuum of Care, $10,000 for
8 the Alliance for the Mentally Ill, $250,000 for S.C. SHARE Self Help Association Regarding Emotions, $50,000 for
9 Palmetto Pathways, $50,000 for New Day Clubhouse and up to $685,000 for day-to-day operations at the Campbell Nursing
10 Home , from the Patient Fee Account which has been previously designated for capital improvements and debt service under
11 provisions of Act 1276 of 1970. The Department of Mental Health is authorized to fund the cost of Medicare Part B
12 premiums from its Patient Fee Account up to $150,000. The South Carolina Alliance for the Mentally Ill shall provide an
13 itemized budget before the receipt of funds and quarterly financial statements to the Legislative Governor's Committee on
14 Mental Health and Mental Retardation Department of Mental Health. The South Carolina Self-Help Association Regarding
15 Emotions shall provide an itemized budget before the receipt of funds and quarterly financial statements to the Legislative
16 Governor's Committee on Mental Health and Mental Retardation Department of Mental Health. DMH is authorized to use
17 unobligated Patient Paying Fee Account funds for community transition programs. The funds made available shall be
18 utilized consistently with the Transition Leadership Council's definition of severely mentally ill children and adults. The
19 Department shall report their use of these funds to the Legislative-Governor's Committee on Mental Health and Mental
20 Retardation, the House Ways and Means Committee, and the Senate Finance Committee. This amendment is made
21 notwithstanding other obligations currently set forth in this proviso.
22 4. (DMH: Paying Patient Fee Hall Institute) Notwithstanding any other provisions of law and in addition to other
23 payments provided in this section, the Department of Mental Health is authorized to utilize up to $1,530,520 of the funds
24 collected from paying patients hospitalized in the acute care units of the William S. Hall Psychiatric Institute to defray the
25 cost of training mental health personnel and psychiatric research at that facility pursuant to Section 44-11-10(2), Code of
26 Laws of South Carolina, 1976; these being a part of the funds previously designated for capital improvements and debt
27 service under the provisions of Act 1276 of 1970.
28 5. (DMH: Institution Generated Funds) The Department of Mental Health is authorized to retain and expend institution
29 generated funds which are budgeted.
30 6. (DMH: Harris Psychiatric Hospital Carry Forward) The Budget and Control Board shall authorize the Department
31 of Mental Health to carry forward any remaining funds allocated for Harris Psychiatric Hospital in the prior fiscal year to
32 assure full-funding of Harris Psychiatric Hospital in the current fiscal year. The Department is authorized to utilize these
33 funds to provide for community screening and service for potential admission to Harris Psychiatric Hospital.
34 7. (DMH: VA Nursing Home Carry Forward) The Department is authorized to carry forward into the current year,
35 funds allocated in the prior fiscal year for the operation of the Campbell Nursing Home. Funds carried forward shall be
36 expended for the same purpose during the current fiscal year.
37 8. (DMH: Transfer of Patients to DDSN) DMH is authorized to transfer to the Department of Disabilities & Special
38 Needs, state appropriations to cover the state match related to expenditures initiated as a result of the transfer of appropriate
39 patients from DMH to the Department of Disabilities & Special Needs. Notwithstanding any other provisions of law and
40 in addition to other payments as authorized in this Act, DMH is also authorized to utilize up to $500,000 from the Patient
41 Fee Account to help defray costs of these transferees.
DEPARTMENT OF MENTAL HEALTH PAGE 461
1 9. (DMH: Harris Hospital Funds Transfer Notification) Prior to any transfer of funds from the current budget for
2 Harris Hospital, the Department shall notify the Chairmen of the Joint Appropriations Review Committee, the House Ways
3 and Means Committee and the Senate Finance Committee.
4 10. (DMH: Sale of Property Revenue) The Department may retain revenues associated with the sale of property and
5 may expend these funds on capital improvements approved by the Joint Bond Review Committee and the Budget and
6 Control Board.
7 11. (DMH: Department Owned Housing Rental) The Department of Mental Health may charge other than fair market
8 value for rental of department-owned housing when such rentals assist in the recruitment and training of mental health
10 12. (DMH: New Medications) The Department of Mental Health is authorized to utilize $1,000,000 to implement a one-
11 year study of the impact of three medications of Department patients and the mental health system of care. The medications
12 are: Clozaril (Clozapine), Zyprexa (Olanzapene), and Risperdal (Risperidone). The Department shall administer these
13 funds and design the research with the assistance of the S. C. Public Academic Mental Health Consortium. The research
14 will consider clinical outcomes and cost-effectiveness outcomes. The research will begin July 1, 1997, and will conclude
15 when an adequate sample size has been achieved. A report of the research findings will be made to the Health and Human
16 Services Subcommittee of the House Ways and Means Committee, the Senate Finance Committee and the Governor.
18 J16 - SECTION 32 - DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS
20 1. (DDSN: Work Activity Programs) All revenues derived from production contracts earned by mentally retarded
21 trainees in Work Activity Programs be retained by the South Carolina Department of Disabilities & Special Needs and
22 carried forward as necessary into the following fiscal year to be used for other operating expenses and/or permanent
23 improvements of these Work Activity Programs.
24 2. (DDSN: Sale of Excess Real Property) The Department is authorized to retain revenues associated with the sale
25 of excess Department-owned real property and may expend these funds to purchase land and construct community
26 residences to serve the mentally retarded. In the construction of new facilities, the Department shall follow all the policies
27 and procedures of the Budget and Control Board and the Joint Bond Review Committee.
28 3. (DDSN: Prenatal Diagnosis) Revenues not to exceed $126,000 from client fees, credited to the debt service fund
29 and not required to meet the Department's debt service requirement, may be expended only in the current fiscal year to
30 promote expanded prenatal diagnosis of mental retardation and related defects by the Greenwood Genetic Center.
31 4. (DDSN: Medicaid Funded Contract Settlements) The Department is authorized to carry forward and retain
32 settlements under Medicaid-funded contracts.
33 5. (DDSN: Medicare Reimbursements) The Department may continue to budget Medicare reimbursements to cover
34 operating expenses of the program providing such services.
35 6. (DDSN: Departmental Generated Revenue) The Department is authorized to continue to expend Departmental
36 generated revenues that are authorized in the budget.
37 7. (DDSN: Patient Day Fee) The Department may exclude Medicaid revenues from the Intermediate Care Facilities
38 for the Mentally Retarded's patient day fee from indirect cost recovery payments.
39 8. (DDSN: Autistic Pilot Project) From the funds provided herein, the Dept. of Disabilities and Special Needs will
40 provide $25,000 for a pilot project in Pickens County to teach autistic children using the Lovaas method in order to assist
41 in mainstreaming these children back into society and thereby reducing future long term care costs.
DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS PAGE 462
1 9. (DDSN: Retargeting Resources/FTE Reduction) The Department may implement, in consultation with the Office
2 of Human Resources, Budget and Control Board, a plan to retarget resources to include provisions for a separation
3 incentive payment which may include the employer portion of health and dental benefits not to exceed one year.
5 J20 - SECTION 33 - DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES
7 1. (DAODAS: School Intervention Activity) $1,149,204 of the amount appropriated as "Total Distribution to
8 Subdivisions" in Program III, Division of Programs and Services is intended to be used for the School Intervention activity
9 and none of this sum shall be used by the Department for the employment of personnel.
10 2. (DAODAS: Training & Conference Revenue) The Department may charge is authorized to set and collect fees for
11 training events and educational conferences. The All revenues from such events earned shall be deposited in the
12 Fund retained and carried forward by the agency and used for supplies, materials and other expenses related to the
14 3. (DAODAS: Other Funded New Positions) The Department of Alcohol & Other Drug Abuse Services may fill the
15 other funded personnel authorized in this section only if such funds are available at the time the new positions are to be
17 4. (DAODAS: Chemical Dependency Programs) The Department of Alcohol & Other Drug Abuse Services shall use
18 one-time funding to reduce the recidivism rate of juvenile offenders through a transitional treatment program for addictions.
19 The Department will review the ability of parents of juvenile offenders to off-set the costs of this program through a sliding
20 scale fee-for-service and report on this in the evaluation of this program. In addition, the Department will develop a plan
21 for a coordinated, non-duplicative service delivery network through comprehensive utilization of community-wide services
22 and coordination of chemical dependency funding streams. The Department will present a report to the Governor's Office,
23 to the House Ways and Means Committee, and to the Senate Finance Committee no later than January 15, 1997 December
24 1, 1997. The Department is authorized to spend one half of the appropriated funds for this project for the first six months
25 of the current fiscal year. The remaining funds for this project for the second half of the fiscal year may only be spent upon
26 the written approval of the Chairman of the House Ways and Means Committee and the Chairman of the Senate Finance
27 Committee after receipt and written approval of the progress report submitted to them on December 1, 1997. The
28 Department is required to include in their progress report due December 1, 1997, budgetary information on the matching
29 funds for the programs from all sources including, but not limited to, state, federal, county and other local funds..
31 L04 - SECTION 35 - DEPARTMENT OF SOCIAL SERVICES
33 1. (DSS: Fee Retention) The Department of Social Services shall recoup all refunds and identified program
34 overpayments and all such overpayments shall be recouped in accordance with established collection policy. Funds of
35 $800,000 collected under the Child Support Enforcement Program (Title IV D) which are State Funds shall be remitted to
36 the State Treasurer and credited to the General Fund of the State. All state funds above $800,000 shall be retained by the
37 Department to fund Self-Sufficiency and Family Preservation and Support initiatives.
38 2. (DSS: Recovered State Funds) The Department shall withhold a portion of the State Funds recovered, under the
39 IV-D Program, for credit to the General Fund in order to allow full participation in the Federal "set off" program offered
40 through the Internal Revenue Service, the withholding of unemployment insurance benefits through the South Carolina
41 Employment Security Commission and reimbursement for expenditures related to blood testing. Such funds may not be
42 expended for any other purpose. The Department of Social Services be allowed to utilize the State share of Federally
DEPARTMENT OF SOCIAL SERVICES PAGE 463
1 required application fees, collected from Non-AFDC clients, in the administration of the Child Support Enforcement
2 Program. Such funds may not be expended for any other purpose. However, this shall not include Child Support
3 Enforcement Program incentives paid to the program from Federal Funds to encourage and reward cost effective
4 performance. Such incentives are to be reinvested in the program to increase collections of support at the State and County
5 levels in a manner consistent with federal laws and regulations governing such incentive payments. The Department shall
6 not use Clerk of Court incentive funds to replace agency operating funds. Such funds shall be remitted to the appropriate
7 state governmental entity to further child support collection efforts.
8 3. (DSS: Foster Children Burial) The expenditure of funds allocated for burials of foster children shall not exceed one
9 thousand five hundred dollars per burial.
10 4. (DSS: Assistance Payments Client List) The names of persons benefiting from assistance payments under the
11 several programs of the Department of Social Services shall be available to other state agencies, if not in conflict with federal
13 5. (DSS: Residential Care Optional Supplement) From the appropriation made herein for General Assistance, the
14 Department will supplement the income of individuals who reside in those licensed residential care facilities that have an
15 approved Optional Supplement Request with the Department. Individuals who reside in those residential care facilities with
16 approved Optional Supplement Requests must also qualify as aged, blind or disabled under the definitions of Public Law
17 92-603, U.S. Code, or who would qualify except for income limitations or residence in a residential care facility reclassified
18 as a public institution by the Social Security Administration. For the period of the current fiscal year, the Department will,
19 based on availability of funds, supplement the income of the above defined group up to a maximum of $753.00 per/month
20 and the residential care facilities are authorized to charge a fee of $720.00 per/month for the defined group. The Department
21 will allow each individual in the defined group a $33.00 per/month personal needs allowance. If the federal government
22 grants a cost of living increase to Social Security and Supplemental Security Income recipients, the Department will reduce
23 the Optional Supplement by the amount of the cost of living income. Any surplus funds generated as a result of the cost
24 of living increase will be retained within the program and carried forward to fund the future cost of operating the program.
25 The Department shall establish the maximum number of Optional Supplement Requests that can be funded from the funds
26 appropriated herein and report this data to the House Ways and Means and Senate Finance Committees within thirty days
27 after the effective date of this act. All funds appropriated or generated for this program must remain with the Optional
28 Supplement program. Each residential care facility must submit to the Department prior to July 1 each year the number of
29 Optional Supplement Requests for the above defined group to be served during the next twelve months. Residential Care
30 Facilities holding a slot will be allocated slots based on their current allocation and available funds. The Department will
31 develop a waiting list based on present and future applications received from each county. Slots will be allocated to homes
32 in the counties showing the greatest need. If a facility does not fill a vacant slot within ninety days the slot will be
33 reallocated. Payments shall be made to those individuals who reside in residential care facilities with assigned slots. If a
34 resident should decide to leave a residential care facility prior to the end of a month in which payment is made, there will
35 be no refund except in a case of a medical emergency. Each facility that participates in the Optional Supplement Program
36 must submit a notarized operating cost report. The Department will develop a form to be used by all facilities. The cost
37 information will include income and operating costs for the facility. The Department will develop a time schedule for
38 reports to be submitted. Facilities failing to adhere to the time schedule will not be eligible to receive Optional Supplement
39 payments. Information received by the Department will be consolidated and submitted to the Ways and Means Committee
40 and Senate Finance Committee.
41 6. (DSS: Child Day Care Facilities) Notwithstanding the provisions of Act 184 of 1977 as amended relating to child
42 day care facilities, the Department is granted the authority to grant provisional licenses, provisional approvals and
DEPARTMENT OF SOCIAL SERVICES PAGE 464
1 provisional registrations to new facilities covered under Articles II, III, and V of Act 184 of 1977 as amended for a period
2 no longer than a year and to grant or extend provisional licenses, provisional approvals and provisional registrations to
3 existing facilities covered under Articles II, III, and V of Act 184 of 1977 as amended but in no case beyond July 1, of the
4 next fiscal year.
5 7. (DSS: Employee Supplement) No county shall supplement the salary of any DSS employee.
6 8. (DSS: Battered Spouse Funds) Appropriations included in Subprogram II E entitled Battered Spouse shall be
7 allocated through contractual agreement to providers of this service. These appropriations may also be used for public
8 awareness and contracted services for victims of this social problem including the abused and children accompanying the
9 abused. Such funds may not be expended for any other purpose nor be reduced by any amount greater than that stipulated
10 by the Budget and Control Board or the General Assembly for the agency as a whole.
11 9. (DSS: Court Examiner Service Exemption) In order to prevent the loss of Federal Funds to the State, employees
12 of the Department of Social Services whose salaries are paid in full or in part from Federal Funds will be exempt from
13 serving as court examiners.
14 10. (DSS: Accounts Receivable Procedures) The Department of Social Services will establish, and collect accounts
15 receivable in accordance with appropriate and applicable Federal regulations.
16 11. (DSS: Attorney or Guardian Ad Litem Fees) Effective July 1, of the current fiscal year, any monies appropriated
17 for the payment of attorneys' fees or Guardian ad Litem fees in either abuse and neglect, termination of parental rights, or
18 judicial review cases arising under Section 20-7-480, et. seq. of the SC Code of Laws, (1976, as amended), and adult
19 protective services cases under Section 43-29-10 43-29-5, et. seq. of the SC Code of Laws, (1976, as amended), shall only
20 be paid in accordance with DSS policy which shall include limits on awards and procedures for payment, in due
21 consideration of the Agency's budgetary limitations and specific funds allocated for such purposes. No other fees or costs
22 associated with the above referenced cases shall be paid unless expressly authorized by statute, court rules or DSS policy
23 and provided that sufficient funds have been allocated for such purposes.
24 12. (DSS: AFDC Advance Funds) The Department of Social Services is authorized to advance sufficient funds during
25 each fiscal year from the Aid to Families with Dependent Children Assistance Payments general fund appropriations to the
26 Aid to Families with Dependent Children Assistance Payments federal account only for the purpose of allowing a sufficient
27 cash flow in the federal account. The advance must be refunded no later than April of the same fiscal year. Upon the
28 advance of funds as provided herein, the Comptroller General is authorized to process the July voucher for the funding of
29 benefit checks.
30 13. (DSS: Fee Schedule) The Department of Social Services shall be allowed to charge fees and accept donations,
31 grants, and bequests for social services provided under their direct responsibility on the basis of a fee schedule approved
32 by the Budget and Control Board. The fees collected shall be utilized by the Department of Social Services to further
33 develop and administer these program efforts.
34 14. (DSS: Mentally Disabled Supplement) From the appropriation made herein for General Assistance, the Department
35 may elect to supplement the income of individuals who reside in foster homes or supported independent living arrangements
36 certified by the Department of Mental Health and who qualify as mentally disabled under the definitions of Public Law 92-
37 603, U.S. Code, or who would qualify except for income limitations with the supplement being at the same rate as for other
38 individuals who qualify for General Assistance. The Department shall contract with the Department of Mental Health to
39 ensure that the payments of General Assistance to persons who would not otherwise qualify except for this proviso shall
40 be transferred to the Department from the appropriations made to the Department of Mental Health.
41 15. (DSS: Electronic Benefits Transfer System) The funds appropriated herein for the Electronic Benefits Transfer
42 System Project (EBT) shall be used for the development, start-up, and evaluation of the system. The Department of Social
DEPARTMENT OF SOCIAL SERVICES PAGE 465
1 Services is directed to proceed with planning for the expansion of the use of the EBT system for other government benefits
2 delivery, beginning with the Aid to Families with Dependent children program. The agency shall submit a status report on
3 the implementation of the system to the members of the Senate Finance and House Ways and Means Committees by July
4 1, 1996 of the current fiscal year.
5 16. (DSS: Food Stamp Fraud) The state portion of funds recouped from the collection of recipient claims in the AFDC
6 and Food Stamp programs shall be retained by the Department. A portion of these funds shall be distributed to local county
7 offices for emergency and program operations. The remaining funds will be used by the Department to fund our Food
8 Stamp Reinvestment Plan and other program operations.
9 17. (DSS: AFDC - Immunizations Certificates) The Department shall require all AFDC applicants and/or recipients
10 to provide proof of age appropriate immunizations for children. If such immunizations have not been administered, the
11 Department shall assist in referring applicants to appropriate county health departments to obtain the immunizations.
12 18. (DSS: Fees for Court Witness in Child Welfare Services) Effective July 1, 1994, any monies appropriated for the
13 payment of court testimony in either abuse and neglect, termination of parental rights, or judicial review cases arising under
14 Section 20-7-480, et. seq. of the SC Code of Laws, 1976, as amended, and adult protective service cases under Section 43-
15 35-10(9), et. seq. of the SC Code of Laws, 1976, as amended, shall only be paid in accordance with DSS policy which shall
16 include limits on awards and procedures for payment, in due consideration of the Agency budgetary limitations and specific
17 funds allocated for such purposes. Provided further that DSS shall pay up to a maximum hourly rate to Licensed
18 Psychologists, Social Workers, Nurses, Ministerial Counseling, Family and Marriage Counselors of $60 for counseling and
19 $60 for expert witness fees, to include travel time and DSS shall pay up to a maximum hourly rate to Physicians of $125
20 for expert witness fees, to include travel time.
21 19. (DSS: Foster Care Fingerprint Reviews) Notwithstanding the provisions of Section 20-7-1640, of the SC Code of
22 Laws, 1976, as amended, the Department is authorized to pay from funds appropriated in this section the costs of Federal
23 Bureau of Investigation fingerprint reviews for foster care families recruited, selected and licensed by the Department.
25 L24 - SECTION 37 - COMMISSION FOR THE BLIND
27 1. (BLIND: Matching Federal Funds) For the current fiscal year the amount appropriated in this section under Program
28 II for Rehabilitative Services is conditioned upon matching by federal funds to the maximum amount available under the
29 Federal Vocational Rehabilitation Program.
30 2. (BLIND: Horticulture Revenue) Revenues derived from the production of horticulture products by clients of the
31 Adult Adjustment and Training Center may be retained by the Commission and used in the facility for client payments and
32 other production costs.