S 0891 General Bill, By Giese and Reese
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 44-71-65 SO AS TO PROVIDE THAT A HOSPICE CARE FACILITY IS SUBJECT TO
 REGULATIONS PROMULGATED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL
 PURSUANT TO TITLE 44, CHAPTER 71 AND THAT SUCH FACILITIES ARE NOT SUBJECT TO
 REGULATIONS PERTAINING TO THE LICENSURE AND REGULATION OF NURSING HOMES OR
 COMMUNITY RESIDENTIAL CARE FACILITIES; TO AMEND SECTION 44-7-130, AS AMENDED,
 RELATING TO DEFINITIONS IN THE STATE CERTIFICATION OF NEED AND HEALTH FACILITY
 LICENSURE ACT AND SECTION 44-7-170, AS AMENDED, RELATING TO EXEMPTIONS FROM
 THE CERTIFICATE OF NEED PROCESS, BOTH SO AS TO EXEMPT HOSPICE CARE FACILITIES
 FROM THE CERTIFICATE OF NEED PROCESS; TO AMEND SECTION 44-71-20, RELATING TO
 DEFINITIONS FOR THE LICENSURE OF HOSPICE PROGRAMS, SO AS TO CLARIFY THE SCOPE
 OF INPATIENT HOSPICE SERVICES AND TO DEFINE HOSPICE CARE FACILITIES; AND TO
 AMEND SECTION 44-71-60, RELATING TO THE PROMULGATION OF REGULATIONS FOR
 HOSPICE PROGRAMS, SO AS TO INCLUDE REGULATIONS FOR HOSPICE CARE FACILITIES.

   12/15/97  Senate Prefiled
   12/15/97  Senate Referred to Committee on Medical Affairs
   01/14/98  Senate Introduced and read first time SJ-26
   01/14/98  Senate Referred to Committee on Medical Affairs SJ-26

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-71-65 SO AS TO PROVIDE THAT A HOSPICE CARE FACILITY IS SUBJECT TO REGULATIONS PROMULGATED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL PURSUANT TO TITLE 44, CHAPTER 71 AND THAT SUCH FACILITIES ARE NOT SUBJECT TO REGULATIONS PERTAINING TO THE LICENSURE AND REGULATION OF NURSING HOMES OR COMMUNITY RESIDENTIAL CARE FACILITIES; TO AMEND SECTION 44-7-130, AS AMENDED, RELATING TO DEFINITIONS IN THE STATE CERTIFICATION OF NEED AND HEALTH FACILITY LICENSURE ACT AND SECTION 44-7-170, AS AMENDED, RELATING TO EXEMPTIONS FROM THE CERTIFICATE OF NEED PROCESS, BOTH SO AS TO EXEMPT HOSPICE CARE FACILITIES FROM THE CERTIFICATE OF NEED PROCESS; TO AMEND SECTION 44-71-20, RELATING TO DEFINITIONS FOR THE LICENSURE OF HOSPICE PROGRAMS, SO AS TO CLARIFY THE SCOPE OF INPATIENT HOSPICE SERVICES AND TO DEFINE HOSPICE CARE FACILITIES; AND TO AMEND SECTION 44-71-60, RELATING TO THE PROMULGATION OF REGULATIONS FOR HOSPICE PROGRAMS, SO AS TO INCLUDE REGULATIONS FOR HOSPICE CARE FACILITIES.

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

SECTION 1. The 1976 Code is amended by adding:

"Section 44-71-65. Notwithstanding any other provision of law, a hospice care facility must comply with the regulations promulgated by the department pursuant to this chapter and is not subject to regulations pertaining to the licensure and regulation of nursing homes or community residential care facilities."

SECTION 2. Section 44-7-130(10) of the 1976 Code, as last amended by Act 511 of 1992, is further amended by adding at the end:

"A health care facility does not include a hospice care facility as defined in Section 44-71-20."

SECTION 3. Section 44-7-170(B) of the 1976 Code, as last amended by Act 511 of 1992, is further amended by adding an appropriately numbered item at the end to read:

"( ) a hospice care facility as defined in Section 44-71-20."

SECTION 4. Section 44-71-20 of the 1976 Code is amended to read:

"Section 44-71-20. As used in this chapter:

(1) 'Board' means the South Carolina Board of Health and Environmental Control.

(2) 'Department' means the South Carolina Department of Health and Environmental Control.

(3) 'Hospice' means a centrally administered, interdisciplinary health care program. This program must provide a continuum of medically supervised palliative and supportive care for the terminally ill patient and the family, including, but not limited to, outpatient, and inpatient services provided directly or through written agreement. Inpatient services include, but are not limited to, services provided by a hospice in a hospice care facility.

Admission to a hospice program of care is based on the voluntary request of the hospice patient alone or in conjunction with designated family members.

(4) 'Hospice care facility' means an institution, place, or building in which a hospice provides room, board, and appropriate hospice services on a twenty-four hour basis to individuals requiring terminal medically supervised care pursuant to the orders of a physician.

(4)(5) 'Licensee' means the individual, corporation, or public entity with whom rests the ultimate responsibility for maintaining approved standards for the hospice."

SECTION 5. Section 44-71-60 of the 1976 Code is amended to read:

"Section 44-71-60. The department shall promulgate regulations which define services and standards for the care, treatment, health, safety, welfare, and comfort of patients and their families served by hospices and for the maintenance and operation of hospices, including hospice care facilities, which will promote safe and adequate care and treatment of the patients and their families."

SECTION 6. This act takes effect upon approval by the Governor.