S 325 Session 123 (2019-2020) S 0325 General Bill, By Scott A BILL TO AMEND SECTIONS 1-30-35, 44-20-30, 44-20-210, 44-20-220, 44-20-240, 44-20-320, 44-20-350, 44-20-360, 44-20-430, 44-20-1120, 44-20-1130, 44-20-1140, 44-20-1150, 44-20-1160, AND 44-20-1170, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS, SO AS TO PROVIDE THAT THE DEPARTMENT IS HEADED AND GOVERNED BY A DIRECTOR APPOINTED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE AND THAT THE SOUTH CAROLINA COMMISSION ON DISABILITIES AND SPECIAL NEEDS SERVES AS AN ADVISORY BOARD TO THE DIRECTOR; AND TO REPEAL SECTION 44-20-230 RELATING TO POWERS AND DUTIES OF THE DIRECTOR.
TO AMEND SECTIONS 1-30-35, 44-20-30, 44-20-210, 44-20-220,44-20-240, 44-20-320, 44-20-350, 44-20-360, 44-20-430, 44-20-1120, 44-20-1130, 44-20-1140, 44-20-1150, 44-20-1160, AND, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS, SO AS TO PROVIDE THAT THE DEPARTMENT IS HEADED AND GOVERNED BY A DIRECTOR APPOINTED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE AND THAT THE SOUTH CAROLINA COMMISSION ON DISABILITIES AND SPECIAL NEEDS SERVES AS AN ADVISORY BOARD TO THE DIRECTOR; AND TO REPEAL SECTION 44-20-230 RELATING TO POWERS AND DUTIES OF THE DIRECTOR. Be it enacted by the General Assembly of the State of South Carolina: SECTION 1. Section 1-30-35 of the 1976 Code is amended to read:
"Section 1-30-35. Effective
SECTION 2. Section 44-20-30 of the 1976 Code amended to read: "Section 44-20-30. As used in this chapter: (1) 'Applicant' means a person who is believed to have intellectual disability, one or more related disabilities, one or more head injuries, one or more spinal cord injuries, or an infant at high risk of a developmental disability who has applied for services of the South Carolina Department of Disabilities and Special Needs. (2) 'Client' is a person who is determined by the Department of Disabilities and Special Needs to have intellectual disability, a related disability, head injury, or spinal cord injury and is receiving services or is an infant at risk of having a developmental disability and is receiving services.
(3) 'Commission' means the South Carolina Commission on Disabilities and Special Needs, (4) 'County disabilities and special needs boards' means the local public body administering, planning, coordinating, or providing services within a county or combination of counties for persons with intellectual disability, related disabilities, head injuries, or spinal cord injuries and recognized by the department. (5) 'Day programs' are programs provided to persons with intellectual disability, related disabilities, head injuries, or spinal cord injuries outside of their residences affording development, training, employment, or recreational opportunities as prescribed by the Department of Disabilities and Special Needs. (6) 'Department' means the South Carolina Department of Disabilities and Special Needs.
(7) 'Director' means the
(8) 'Disabilities and special needs services'
(9) 'High risk infant' means a child less than thirty-six months of age whose genetic, medical, or environmental history is predictive of a substantially greater risk for a developmental disability than that (10) 'Least restrictive environment' means the surrounding circumstances that provide as little intrusion and disruption from the normal pattern of living as possible.
(11) 'Improvements' means the construction (12) 'Intellectual disability' means significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested during the developmental period.
(13) 'Obligations' means the obligations in the form of notes or bonds or contractual agreements issued or entered into by the
(14) 'Regional residential center'
(15) 'Related disability'
(a)
(b)
(c)
(d)
(16) 'Residential programs' (17) 'Revenues' or 'its revenues' means revenue derived from paying clients at regional residential centers and community residences but does not include Medicaid, Medicare, or other federal funds received with the stipulation that they be used to provide services to clients. (18) 'State capital improvement bonds' means bonds issued pursuant to Act 1377 of 1968.
(19) 'Department' SECTION 3. Section 44-20-210 of the 1976 Code is amended to read:
"Section44-20-210. There is created the South Carolina Commission on Disabilities and Special Needs. The commission serves as an advisory board to the department and consists of seven members. One member must be a resident of each congressional district appointed by the Governor upon the advice and consent of the Senate. SECTION 4. Section 44-20-220 of the 1976 Code is amended to read:
"Section 44-20-220. The SECTION 5. Section 44-20-240 of the 1976 Code is amended to read:
"Section 44-20-240. There is created the South Carolina Department of Disabilities and Special Needs which has authority over all of the state's services and programs for the treatment and training of persons with intellectual disability, related disabilities, head injuries, and spinal cord injuries. This authority does not include services delivered by other agencies of the State as prescribed by statute. The department must be comprised of an Intellectual Disability Division, an Autism Division, and a Head and Spinal Cord Injuries Division. The department may be divided into additional divisions and named as may be determined by the director SECTION 6. Section 44-20-320 of the 1976 Code is amended to read:
"Section 44-20-320. The department or any of its programs may accept gifts, bequests, devises, grants, and donations of money, real property, and personal property for use in expanding and improving services to persons with intellectual disability, related disabilities, head injuries, and spinal cord injuries available to the people of this State. However, nothing may be accepted by the department with the understanding that it diminishes an obligation for paying care and maintenance charges or other SECTION 7. Section 44-20-350 of the 1976 Code is amended to read: "Section44-20-350. (A) Reasonable reimbursement to the State for its fiscal outlay on behalf of services rendered by the department or any other agency authorized by the department to offer services to clients is a just obligation of the person with intellectual disability, a related disability, head injury, or spinal cord injury, his estate, or his parent or guardian under the conditions and terms provided in this section.
(B) The department or an agency authorized by the department to offer services to clients may charge for its services. However, no service may be denied a client or his parent or guardian because of inability to pay part or all of the department's or other agency's expenses in providing that service. Where federal reimbursement is authorized for services provided, the department initially shall seek federal reimbursement. No charge or combination of charges may exceed the actual cost of services rendered. The
(C) Parents, guardians, or other responsible relatives must not be charged for regional center or community residential services provided by the department for their child or ward. However, a person receiving nonresidential services or his parent or guardian may be assessed a charge for services received, not to exceed cost. The department (D) The department shall establish a hearing and review procedure so that a client or his parent or guardian may appeal charges made for services or may present to officials of the department information or evidence to be considered in establishing charges. The department may utilize legal procedures to collect lawful claims. (E) The department may establish by regulation charges for other services it renders." SECTION 8. Section 44-20-360 of the 1976 Code is amended to read: "Section44-20-360. (A) The physical boundaries of Midlands Center, Coastal Center, Pee Dee Center, and Whitten Center are designated as independent school districts. These facilities may elect to participate in the usual activities of the districts, to receive state and federal aid, and to utilize other benefits enjoyed by independent school districts in general.
(B) The SECTION 9. Section 44-20-430 of the 1976 Code is amended to read:
"Section 44-20-430. The director or his designee has the final authority over applicant eligibility, determination, or services and admission order SECTION 10. Section 44-20-1120 of the 1976 Code is amended to read:
"Section 44-20-1120. The SECTION 11. Section 44-20-1130 of the 1976 Code is amended to read:
"Section44-20-1130. The aggregate of the outstanding principal amounts of state capital improvement bonds issued for the SECTION 12. Section 44-20-1140 of the 1976 Code is amended to read:
"Section 44-20-1140. If the (1) a description of the improvements sought and their estimated cost; (2) the number of paying clients receiving services from the department, the amount of fees received from the clients during the preceding fiscal year, and the estimated amount to be received from them during the next succeeding fiscal year; (3) the revenues derived from the paying clients during the preceding three fiscal years;
(4) a suggested maturity schedule, which may not exceed twenty years, for the repayment of (5) a statement showing the debt service requirements of other outstanding obligations." SECTION 13. Section 44-20-1150 of the 1976 Code is amended to read:
"Section 44-20-1150. The State Fiscal Accountability Authority or Department of Administration, as appropriate, may approve, in whole or in part, or may modify an application received from the SECTION 14. Section 44-20-1160 of the 1976 Code is amended to read:
"Section 44-20-1160. Upon receiving the approval of the State Fiscal Accountability Authority or Department of Administration, as appropriate, the SECTION 15. Section 44-20-1170 of the 1976 Code is amended to read:
"Section 44-20-1170. (A) Following the execution and delivery of its obligations, the
(B) If the accumulation of revenues of the SECTION 16. Section 44-20-230 of the 1976 Code is repealed. SECTION 17. This act takes effect upon approval by the Governor.
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