S 1110 General Bill, By I.E. Lourie, Giese, Passailaigue and M.T. Rose
 A Bill to amend Section 44-81-40, Code of Laws of South Carolina, 1976,
 relating to the rights of residents in long-term care facilities, so as to
 include the right to be informed of the facility's refund policy which a
 facility must adopt, to choose a personal physician and rights associated with
 treatment and care, to provide an exception to the thirty-day transfer notice
 requirement, and to provide for family access to the resident and the right of
 family to meet with other families at such facilities.

   12/02/91  Senate Prefiled
   12/02/91  Senate Referred to Committee on Medical Affairs
   01/14/92  Senate Introduced and read first time SJ-31
   01/14/92  Senate Referred to Committee on Medical Affairs SJ-31
   03/10/92  Senate Committee report: Favorable Medical Affairs SJ-9
   03/11/92  Senate Read second time SJ-31
   03/12/92  Senate Read third time and sent to House SJ-21
   03/17/92  House  Introduced and read first time HJ-12
   03/17/92  House  Referred to Committee on Medical, Military,
                     Public and Municipal Affairs HJ-12

COMMITTEE REPORT

March 10, 1992

S. 1110

Introduced by SENATORS Lourie, Giese, Passailaigue and Rose

S. Printed 3/10/92--S.

Read the first time January 14, 1992.

To whom was referred a Bill (S. 1110), to amend Section 44-81-40, Code of Laws of South Carolina, 1976, relating to the rights of residents in long- term care facilities, etc., respectfully

That they have duly and carefully considered the same, and recommend that the same do pass:

JAMES E. BRYAN, JR., for Committee.

A BILL

TO AMEND SECTION 44-81-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RIGHTS OF RESIDENTS IN LONG-TERM CARE FACILITIES, SO AS TO INCLUDE THE RIGHT TO BE INFORMED OF THE FACILITY'S REFUND POLICY WHICH A FACILITY MUST ADOPT, TO CHOOSE A PERSONAL PHYSICIAN AND RIGHTS ASSOCIATED WITH TREATMENT AND CARE, TO PROVIDE AN EXCEPTION TO THE THIRTY-DAY TRANSFER NOTICE REQUIREMENT, AND TO PROVIDE FOR FAMILY ACCESS TO THE RESIDENT AND THE RIGHT OF FAMILY TO MEET WITH OTHER FAMILIES AT SUCH FACILITIES.

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

SECTION 1. Section 44-81-40 of the 1976 Code is amended to read:

"Section 44-81-40. (A) Each resident or his the resident's representative must be given by the facility a written and oral explanation of the rights, grievance procedures, and enforcement provisions of this act chapter before or at the time of admission to a long-term care facility. Written acknowledgment of the receipt of the explanation by the resident or his the resident's representative is must be made a part of the resident's file. Each facility shall post must have posted written notices of the residents' rights in conspicuous locations in the facility. The written notices must be approved by the department. The notices must be in a type and a format which is easily readable by residents and shall must describe residents' rights, grievance procedures, and the enforcement provisions provided by this act chapter.

(B) Each resident and his the resident's representative must be informed in writing, prior to before or at the time of admission, of:

(1) available services and of related charges, including all charges not covered either under federal or state programs, or by other third party payers, or by the facility's basic per diem rate.;

(2) the facility's refund policy which must be adopted by each facility and which must be based upon the actual number of days a resident was in the facility and any reasonable number of bed-hold days.

Each resident and his the resident's representative must be informed in writing of any subsequent change in services or charges.

(C) Each resident or his the resident's legal guardian shall has the right to:

(1) choose a personal attending physician;

(2) participate in planning care and treatment or changes in care and treatment;

(3) be fully informed in advance about changes in care and treatment that may affect the resident's well-being;

(4) receive from his the resident's physician a complete and current description of his the resident's diagnosis, plan for treatment, and prognosis in terms which he that the resident is able to understand. Each resident or his legal guardian has the right to;

(5) refuse to participate in experimental research.

(D) A resident may be transferred or discharged only for medical reasons, for the welfare of the resident or for the welfare of other residents of the facility, or for nonpayment and must be given notice of not less than thirty days, except that when the health, safety, or welfare of other residents of the facility would be endangered by the thirty-day notice requirement, the time for giving notice must be that which is practicable under the circumstances. Each resident must be given notice before the resident's room or roommate in the facility is changed.

(E) Each resident or his the resident's representative may manage his the resident's personal finances unless the facility has been delegated in writing to carry out this responsibility, in which case the resident must be given a quarterly report of his the resident's account.

(F) Each resident must be free from mental and physical abuse and free from chemical and physical restraints except those restraints ordered by a physician.

(G) Each resident must be assured security in storing personal possessions and confidential treatment of his the resident's personal and medical records and may approve or refuse their release to any individual outside the facility, except in the case of his a transfer to another health care institution or as required by law or a third party payment contract.

(H) Each resident must be treated with respect and dignity and assured privacy during treatment and when receiving personal care.

(I) Each resident must be assured that he no resident will not be required to perform services for the facility that are not for therapeutic purposes as identified in the plan of care for the resident.

(J) The legal guardian, family members, and other relatives of each resident must be allowed immediate access to that resident, subject to the resident's right to deny access or withdraw consent to access at any time. Each resident without unreasonable delay or restrictions must be allowed to associate and communicate privately with persons of his the resident's choice and must be assured freedom and privacy in sending and receiving mail. The legal guardian, family members, and other relatives of each resident must be allowed to meet in the facility with the legal guardian, family members, and other relatives of other residents.

(K) Each resident may meet with and participate in activities of social, religious, and community groups at his the resident's discretion unless medically contraindicated by written medical order. (L) Each resident must be able to keep and use personal clothing and possessions as space permits unless it infringes on any other another resident's rights.

(M) Each resident must be assured privacy for visits of a conjugal nature.

(N) Married residents must be permitted to share a room unless medically contraindicated by the attending physician in the medical record."

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