Senator SETZLER proposed the following amendment (290NGS5):

Amend the bill, as and if amended, by inserting a new SECTION to read:

/SECTION __. Section 44-7-180 of the 1976 Code is amended to read:

"Section 44-7-180. (A) There is created a health planning committee comprised care facility licensing board. The Governor shall appoint with the advice and consent of the Senate twelve nineteen members, which must include at least one member from each congressional district and one from each of the four department Inventory Regions and Service Areas as established by the Department of Health and Environmental Control. In addition, each of the following groups must be represented among the Governor's appointees: health care consumers, health care financiers, including business and insurance, and health care providers, including an administrator of a licensed for-profit nursing home. members must have a reasonable knowledge of the practice, procedures, and principles of the health care delivery system in South Carolina, including at least five members who must be knowledgeable about health care delivery systems, health systems planning, finance, or the management of health care facilities currently licensed under the article. There must be at least one member from both of the following: a non-profit health care consumer advocacy organization and a community advocacy organization. One member shall be a representative from the community with experience on the effects of discontinuing health care services or the closure of health care facilities on the surrounding community. The chairman of the board shall appoint one member.

(b)The following shall serve as ex officio nonvoting members: South Carolina Consumer Advocate or the Consumer Advocate's designee, is an ex officio nonvoting member Director of the Department of Health and Human Services or his designee, the Director of the Department of Mental Health or his designee, the Director of the Department of Drugs Alcohol and Other Drug Abuse Services or his designee, a representative of Medical University of South Carolina that is not a member of the Authority, and a representative of the University of South Carolina School of Medicine that is an employee.

(2) Prior to appointment and in the course of service, members shall disclose the employment or other financial interest of any other relative of the member, if known, in service or facilities subject to the article. Members shall declare any conflict of interest that may exist with respect to the status of those relatives and recuse themselves from voting on any issue for which a conflict of interest is declared. No person shall be appointed or continue to serve as a member who is, or whose spouse, parent, sibling, or child is, a member of the Board of Directors of, has a financial interest in, or has a business relationship with a health care facility.

(3) Members appointed by the Governor are appointed for four-year terms, and may serve only two consecutive one terms. A member shall not serve on the committee in hold-over status after the member's term expires. An appointee shall not serve on the health planning committee, even in interim capacity, until he has been confirmed by the Senate. Members of the health planning committee are allowed the usual mileage and subsistence as provided for members of boards, committees, and commissions. The committee shall elect from among its members a chairman, vice chairman, and such other officers as the committee considers necessary to serve a two-year term in that office.

(B) With the advice of the health planning committee, the department shall prepare a South Carolina Health Plan for use in the administration of the Certificate of Need program provided in this article. The plan at a minimum must include: A health care facility must be licensed by the department to operate in this State. The department shall promulgate regulations concerning licensing requirements. The regulations must address those items which are relevant to the proper operation of the type of facility making the application. Generally, the regulations must include, but are not limited to, sanitation, housekeeping, maintenance, staff qualifications, emergency equipment and procedures to provide emergency care, medical records and reports, laboratory, procedure and recovery rooms, physical plant, quality assurance, infection control, and information on and access to patient follow-up care necessary to carry out the purposes of this section.(1) an inventory of existing health care facilities, beds, specified health services, and equipment;(2) projections of need for additional health care facilities, beds, health services, and equipment;(3) standards for distribution of health care facilities, beds, specified health services, and equipment including scope of services to be provided, utilization, and occupancy rates, travel time, regionalization, other factors relating to proper placement of services, and proper planning of health care facilities; and(4) a general statement as to the project review criteria considered most important in evaluating Certificate of Need applications for each type of facility, service, and equipment, including a finding as to whether the benefits of improved accessibility to each such type of facility, service, and equipment may outweigh the adverse affects caused by the duplication of any existing facility service, or equipment.The South Carolina Health Plan must address and include projections and standards for specified health services and equipment which have a potential to substantially impact health care cost and accessibility. Nothing in this provision shall be construed as requiring the department to approve any project which is inconsistent with the South Carolina Health Plan.(C) Upon approval by the health planning committee, the South Carolina Health Plan must be submitted at least once every two years to the board for final revision and adoption. Once adopted by the board, the plan may later be revised through the same planning and approval process. The department shall adopt by regulation a procedure to allow public review and comment, including regional public hearings, before adoption or revision of the plan." /