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Session 126 (2025-2026) Bill Number S 2 - Medical Affairs Committeee Amendment Considered 20-DEC-2025 |
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The Committee on Medical Affairs proposes the following amendment (SR-2.KM0004S):
Amend the bill, as and if amended, SECTION 1, by striking Section 44-12-40(1) and inserting:
(1) shall develop and execute a cohesive and comprehensive plan for services provided by the offices housed within the department. The plan should ensure a maximum level of coordination among the component offices and should be continually updated to recognize operational efficiencies and maximize resource utilization. The plan should address how to ensure that services and support for South Carolinians with disabilities are, to the greatest extent possible, provided in the community instead of in an institutional setting in accordance with the requirements of the Americans with Disabilities Act and the U.S. Supreme Court's decision in Olmstead v. L.C., 527 U.S. 581. The director shall appoint a Director of Community Living Integration who will be responsible for providing oversight in the assessment of the current state of community integration in South Carolina and in the creation of the community integration goals and objectives to be included in the State Health Plan. The Director of Community Living will report to the director and shall select an Americans with Disabilities Coordinator. The director shall establish and appoint members to a health planning advisory committee to provide advice in the development of the plan. Members of the advisory committee should include health care providers, representatives from the disabled community, disability advocacy agencies, consumers, payers, and public health professionals. When developing the community integration goals and objectives, the committee must seek input from people with disabilities of different types and varying levels of severity, family members of people with disabilities, and people currently providing services to the disabled community. The committee must identify objectives for the successful implementation of the community integration program. Members of the advisory committee are allowed the usual mileage and subsistence as provided for members of boards, committees, and commissions;Amend the bill further, SECTION 1, by striking Section 44-12-40(3) and inserting:
(3) shall review and approve or disapprove all regulations promulgated by the component offices prior to their submission to the General Assemblyprocure collaboration technology that enables coordination and accountability across the department and with local partners. At a minimum, the technology should have the capability for authorized users to:Amend the bill further, SECTION 1, by striking Section 44-12-50(A)(3) and inserting:
(3) the Office of Substance Abuse Use Services.Amend the bill further, SECTION 3, by striking Section 8-17-370(21) and inserting:
(21) The Director of the Department of Behavioral Health and Developmental Disabilities, and all the department's employees who report directly to the director, and the director for each of the department's office's component offices.Amend the bill further, SECTION 6, by striking Section 44-20-220 and inserting:
Section 44-20-220. The commission Director of the Department of Behavioral Health and Developmental Disabilities, in consultation with the director, shall determine the policy and promulgate regulations governing the operation of the department office and the employment of professional staff and personnel. The members of the commission shall receive subsistence, mileage, and per diem as may be provided by law for members of state boards, committees, and commissions. The commission shall appoint and in its discretion remove a South Carolina Director of Disabilities and Special Needs who is the chief executive officer of the department. Subject to the approval of the Director of the Department of Behavioral Health and Developmental Disabilities, the director The commission may appoint advisory committees it considers necessary to assist in the effective conduct of its the office's responsibilities. The commission director may educate the public and state and local officials as to the need for the funding, development, and coordination of services for persons with intellectual disability, related disabilities, head injuries, and spinal cord injuries and promote the best interest of persons with intellectual disability, related disabilities, head injuries, and spinal cord injuries. The commission is authorized to promulgate regulations to carry out the provisions of this chapter and other laws related to intellectual disability, related disabilities, head injuries, or spinal cord injuries. In promulgating these regulations, the commission must consult with the advisory committee of the division for which the regulations shall apply.Amend the bill further, SECTION 14, by striking Section 44-9-30(2)(B) and inserting:
(B) The members serve for terms of five years and until their successors are appointed and qualify. The terms of no more than two members may expire in one year. The Governor may remove a member pursuant to the provisions of Section 1-3-240. A vacancy must be filled by the Governor for the unexpired portion of the term.Amend the bill further, by striking SECTIONS 15, 16, 17, 18, 19, 20, 21, 22, 23, and 24 and inserting:
SECTION X. Chapter 30, Title 1 of the S.C. Code is amended by adding:Amend the bill, as and if amended, SECTION 26, by striking the subsection (C) and inserting:
(C) The Code Commissioner is directed to change references in the S.C. Code from "Department of Alcohol and Other Drug Abuse Services" or "department" when referring to the Department of Alcohol and Other Drug Abuse Services" to "Office of Substance Abuse Use Services" or "office" as appropriate.Amend the bill, as and if amended, SECTION 28, by striking subsection (C) and inserting:
(C) Except for those positions transferred pursuant to this section or otherwise specifically referenced in this act, employees of the Departments of Disabilities and Special Needs, Mental Health, or Alcohol and Other Drug Abuse Services shall maintain their same status with the appropriate component departments of the Department of Behavioral Health and Developmental Disabilities. Employees of the Department of Mental Health shall become employees of the Office of Mental Health within the Department of Behavioral Health and Developmental Disabilities. Employees of the Department of Disabilities and Special Needs shall become employees of the Office of Intellectual and Developmental Disabilities within the Department of Behavioral Health and Developmental Disabilities. Employees of the Department of Alcohol and Other Drug Abuse Services shall become employees of the Office of Substance Use Services within the Department of Behavioral Health and Developmental Disabilities.Renumber sections to conform.
Amend title to conform.