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TO AMEND SECTION 15-48-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCEPTIONS TO THE UNIFORM ARBITRATION ACT, SO AS TO INCLUDE A CONTRACT BETWEEN A NURSING HOME AND A RESIDENT OF A NURSING HOME.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The General Assembly finds that:
(1) The citizens of this State requiring residency in a nursing home are generally elderly, infirm, or both.
(2) Because of their unique life situations it is in the interests of this State to protect its most vulnerable population.
(3) It is necessary, therefore, to preserve the right of these citizens to have their claims resolved through the judicial process.
SECTION 2. Section 15-48-10(b) of the 1976 Code, as added by Act 492 of 1978, is amended by adding at the end:
"(5) A residency agreement between a nursing home and a resident of the nursing home. Notwithstanding another provision of law, the contracting parties may not agree that the residency contract is subject to arbitration and a provision to the contrary is null and void. For purposes of this item 'nursing home' has the meaning provided in Section 40-35-20(7)."
SECTION 3. This act takes effect upon approval by the Governor and applies to subject contracts entered into after that date.
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