South Carolina General Assembly
117th Session, 2007-2008

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Indicates Matter Stricken
Indicates New Matter

S. 885

STATUS INFORMATION

General Bill
Sponsors: Senator Cleary
Document Path: l:\council\bills\ggs\22001ab08.doc

Introduced in the Senate on January 8, 2008
Currently residing in the Senate Committee on Medical Affairs

Summary: Aging parents admission to hospital

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   12/5/2007  Senate  Prefiled
   12/5/2007  Senate  Referred to Committee on Medical Affairs
    1/8/2008  Senate  Introduced and read first time SJ-45
    1/8/2008  Senate  Referred to Committee on Medical Affairs SJ-45

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

12/5/2007

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-35 SO AS TO PROHIBIT A PERSON FROM ADMITTING HIS PARENT TO A HOSPITAL FOR MEDICAL TREATMENT AFTER DEPLETING THE PARENT'S ASSETS IN A MANNER THAT WOULD RENDER THE PARENT UNABLE TO SATISFY THE PARENT'S FINANCIAL OBLIGATION TO THE HOSPITAL ARISING FROM THE PARENT'S RECEIPT OF MEDICAL SERVICES PROVIDED BY THE HOSPITAL, TO IMPOSE CERTAIN PENALTIES FOR A VIOLATION, AND TO ENABLE A HOSPITAL HOUSING AN ABANDONED PARENT TO DISCHARGE THE PATIENT AND ADMIT HIM TO AN APPROPRIATE NURSING FACILITY, AND TO REQUIRE THAT THE CHILD WHO ABANDONED THE PARENT BE FINANCIALLY RESPONSIBLE FOR THE NURSING FACILITY EXPENSE.

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

SECTION    1.    Article 1, Chapter 7, Title 44 of the 1976 Code is amended by adding:

"Section 44-7-35.    (A)    A person may not admit his parent to a hospital for medical treatment after depleting the parent's assets in a manner that would render the parent unable to satisfy the parent's financial obligation to the hospital arising from the parent's receipt of medical services provided by the hospital. A child who abandons his parent in this manner is financially responsible for expenses related to his parent's hospitalization and subsequent housing in a nursing facility.

(B)    A hospital may discharge a patient abandoned by his child in violation of this section, but must arrange for the parent to be housed in an appropriate nursing facility at the child's expense.

(C)    A violation of this section is a misdemeanor and subjects a person to a fine of not more than one thousand dollars, imprisonment of not more than thirty days, or both."

SECTION    2.    This act takes effect upon approval by the Governor.

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