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H. 4191
STATUS INFORMATION
General Bill
Sponsors: Reps. Neilson, Cotty, Battle, Cobb-Hunter, Emory, Hosey, Jefferson, Jennings, Leach, Littlejohn, Mahaffey, Owens, Parks, Phillips, Rhoad, Rice, Sinclair, J.R. Smith and Weeks
Document Path: l:\council\bills\nbd\11866ac05.doc
Introduced in the House on May 24, 2005
Currently residing in the House Committee on Medical, Military, Public and Municipal Affairs
Summary: Volunteer Long Term Care Advocate Program
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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5/24/2005 House Introduced and read first time HJ-216
5/24/2005 House Referred to Committee on Medical, Military, Public and
Municipal Affairs HJ-216
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3 TO CHAPTER 38, TITLE 43 SO AS TO CREATE THE VOLUNTEER LONG TERM CARE ADVOCATE PROGRAM UNDER THE LONG TERM CARE OMBUDSMAN PROGRAM WITHIN THE DEPARTMENT OF HEALTH AND HUMAN SERVICES; TO ESTABLISH THE STRUCTURE OF THE VOLUNTEER PROGRAM; TO PROVIDE FOR THE DUTIES AND RESPONSIBILITIES OF THE DEPARTMENT AND THE OMBUDSMAN PROGRAM; TO PROVIDE THAT A VOLUNTEER ADVOCATE MAY NOT SERVE UNTIL THE VOLUNTEER HAS UNDERGONE A CRIMINAL RECORD CHECK; TO REQUIRE THE DEPARTMENT INITIALLY TO IMPLEMENT THIS PROGRAM FOR THREE YEARS IN LIMITED AREAS USING FUNDS FROM CIVIL PENALTIES; TO EXPAND THE PROGRAM AS FUNDS BECOME AVAILABLE; TO PROVIDE IMMUNITY FOR NURSING HOMES FOR ACTS OF A VOLUNTEER ADVOCATE; AND TO DESIGNATE SECTIONS 43-38-10 THROUGH 43-38-60 AS ARTICLE 1, CHAPTER 38, TITLE 43 AND TO NAME ARTICLE 1 "HEALTH FACILITY INVESTIGATIONS".
Whereas, the South Carolina Long Term Care Ombudsman Program within the Department of Health and Human Services, authorized by the federal older American Act and state law, is charged with the responsibility to protect the rights and privileges of residents of long term care facilities and to investigate and resolve complaints made by or on behalf of facility residents; and
Whereas, the Ombudsman Program is responsible for approximately 39,005 residents in 879 long term care facilities and is required to investigate complaints in certain facilities operated by or through contract with the Department of Mental Health and the Department of Disabilities and Special Needs; and
Whereas, in 2001 the Ombudsman Program investigated 4,000 complaints, of which 3,323 were in nursing homes, 1,018 were in community residential care facilities, and 450 were in all other facilities, representing a trend of continuing increase in such complaints; and
Whereas, South Carolina is one of only a few states that does not have a volunteer long term care advocate program, which national studies have shown contribute significantly to the cost effectiveness of state ombudsman programs, and in light of the ongoing increase in complaints, South Carolina and its long term care residents would benefit greatly from such a volunteer advocate program. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 38, Title 43 of the 1976 Code is amended by adding:
Section 43-38-300. There is created the Volunteer Long Term Care Advocate Program under the Long Term Care Ombudsman Program. The purpose of this program is to augment the services provided by the Ombudsman Program by assisting the program in providing a higher level of service to long term care residents and by maintaining a higher degree of presence in nursing homes.
Section 43-38-310. The department shall contract with area agencies on aging, authorized under the federal Older Americans Act and which operate regional ombudsman programs, to employ a volunteer coordinator for each agency and one statewide volunteer coordinator. The Long Term Care Ombudsman Program shall assist the volunteer coordinators in recruiting, screening, training, and placing volunteers, and staff of the regional ombudsman programs shall supervise the volunteer coordinators and provide ongoing guidance and direction to the volunteer advocates. The Long Term Care Ombudsman shall supervise the statewide volunteer coordinator and provide guidance and technical assistance to the regional volunteer programs.
Section 43-38-320. In carrying out this program, a volunteer advocate may, among other things:
(1) make regular visits to a nursing home where he is assigned;
(2) identify and informally to address concerns of nursing home residents and families;
(3) provide information and assistance in gathering information for regional ombudsmen.
Section 43-38-330. (A) A regional ombudsman program may not place a volunteer advocate until the volunteer advocate has undergone a criminal record check as provided in this section. A regional ombudsman program may consider the information revealed by a criminal record check as a factor in evaluating a volunteer's application to participate in the program.
(B) If the regional ombudsman program is unable to verify South Carolina residency for a volunteer advocate for the preceding twelve months, the applicant must undergo a federal criminal record check in addition to the state criminal record check. However, if the volunteer advocate applicant can verify residency in North Carolina or Georgia for the twelve months preceding the date of application, the regional ombudsman program shall conduct only a state criminal record check in the applicant's resident state.
(C) Criminal record checks must be conducted by the State Law Enforcement Division or by a private business, organization, or association which conducts background checks if that entity utilizes current criminal records obtained from the State Law Enforcement Division or the Federal Bureau of Investigation to determine any criminal record. A volunteer advocate applicant shall submit with the application one complete set of the applicant's fingerprints on forms specified or furnished by the State Law Enforcement Division. Fingerprint cards submitted to the State Law Enforcement Division pursuant to this section must be used to facilitate a national criminal record check, as required by this section.
(D) The criminal record check is not required to be repeated as long as the person continues to serve as a volunteer with a regional ombudsman program; however, if a person fails to participate in the volunteer ombudsman program for one year or longer, the criminal record check must be repeated before resuming volunteer advocate activities with the program. The fee charged by the Federal Bureau of Investigation, if any, for the fingerprint review must be paid by the volunteer advocate or the volunteer ombudsman program.
Section 43-38-340. Beginning in fiscal year 2003-2004, the Department of Health and Human services initially shall implement this program for a three year period in a limited number of areas considering the areas of the state where complaints about nursing homes received by the department have been highest using funds from civil money penalties, provided under federal law. The department shall submit a report including recommendations to the General Assembly and the Governor no later than January 15, 2006 on the program's implementation. As state and other funds become available, the department shall expand the program statewide.
Section 43-38-350. A nursing home may not be held liable for civil or criminal acts or omissions of a volunteer advocate.
Section 43-38-360. The Department of Health and Human Services shall promulgate regulations to implement the provisions of this article including, but not limited to, volunteer training and certification requirements and the scope of volunteer activities."
SECTION 2. Sections 43-38-10 through 43-38-60 of the 1976 Code are designated as Article 1 of Chapter 38, Title 43 and named "Health Facility Investigations".
SECTION 3. This act takes effect July 1, 2005.
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