Current Status Bill Number:3269 Ratification Number:468 Act Number:381 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19950117 Primary Sponsor:Richardson All Sponsors:Richardson, P. Harris, Waldrop, Neilson, J. Brown, Inabinett, Kelley, Rhoad and Shissias Drafted Document Number:br1\18026ac.95 Companion Bill Number:390 Date Bill Passed both Bodies:19960529 Date of Last Amendment:19960522 Governor's Action:S Date of Governor's Action:19960604 Subject:Continuing care retirement community
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
------ 19960613 Act No. A381
------ 19960604 Signed by Governor
------ 19960530 Ratified R468
House 19960529 Concurred in Senate amendment,
enrolled for ratification
Senate 19960523 Read third time, returned to House
with amendment
Senate 19960522 Amended, read second time,
ordered to third reading
with notice of general amendments
Senate 19960410 Placed on the Second Reading Calendar
pursuant to the provisions of Rule 27D
Senate 19960410 Committee report: Favorable with 13 SMA
amendment
Senate 19960116 Recommitted to Committee 13 SMA
Senate 19950531 Debate adjourned
Senate 19950523 Amended, read second time,
ordered to third reading
with notice of general amendments
Senate 19950518 Committee report: Favorable with 13 SMA
amendment
Senate 19950411 Introduced, read first time, 13 SMA
referred to Committee
House 19950406 Read third time, sent to Senate
House 19950405 Objection withdrawn by Representative Fair
Robinson
House 19950405 Amended, read second time
House 19950405 Objection by Representative Fair
Marchbanks
Robinson
House 19950330 Committee report: Favorable with 27 H3M
amendment
House 19950117 Introduced, read first time, 27 H3M
referred to Committee
View additional legislative information at the LPITS web site.
(A381, R468, H3269)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-69-77 SO AS TO ALLOW A LICENSED CONTINUING CARE RETIREMENT COMMUNITY THAT OPERATES A HOME HEALTH AGENCY AND A NURSING HOME TO SHARE CERTAIN SERVICES BETWEEN THE HOME HEALTH AGENCY AND THE NURSING HOME; AND TO AMEND SECTION 44-69-75, RELATING TO REQUIRING A HOME HEALTH AGENCY TO OBTAIN A CERTIFICATE OF NEED BEFORE BEING LICENSED, SO AS TO EXEMPT CONTINUING CARE RETIREMENT COMMUNITIES FROM OBTAINING A CERTIFICATE OF NEED TO PROVIDE HOME HEALTH SERVICES TO ITS RESIDENTS IF CERTAIN CONDITIONS ARE MET.
Be it enacted by the General Assembly of the State of South Carolina:
Sharing of administration, supervision, and services allowed
SECTION 1. The 1976 Code is amended by adding:
"Section 44-69-77. If a continuing care retirement community licensed pursuant to Title 37, Chapter 11 operates a home health agency licensed pursuant to this chapter and a nursing home licensed pursuant to Title 44, Chapter 7, Article 3, the department shall:
(1) allow the home health agency and nursing home to share administration, supervision, and services to the extent the department determines that sharing does not or will not reduce the care, treatment, health, safety, welfare, and comfort of patients served by the home health agency and the nursing home; and
(2) coordinate, to the extent feasible, annual licensing inspections."
Exemption from certificate of need to provide home health services
SECTION 2. Section 44-69-75 of the 1976 Code is amended to read:
"Section 44-69-75. (A) A home health agency shall obtain a certificate of need before licensure. Procedures for applying for a certificate must be in accordance with the `State Certification of Need and Health Facility Licensure Act'. No certificate is required for home health agencies providing home health services before July 1, 1980.
(B) A continuing care retirement community licensed pursuant to Title 37, Chapter 11, may provide home health services and is exempt from subsection (A) if:
(1) the continuing care retirement community furnishes or offers to furnish home health services only to residents who reside in living units provided by the continuing care retirement community pursuant to a continuing care contract;
(2) the continuing care retirement community maintains a current license and meets applicable home health agency licensing standards;
(3) residents of the continuing care retirement community may choose to obtain home health services from other licensed home health agencies.
Staff from other areas of the continuing care retirement community may deliver the home health services, but at no time may staffing levels in any area of the continuing care retirement community fall below minimum licensing standards or impair the services provided.
If the continuing care retirement community includes charges for home health services in its base contract, it is prohibited from billing additional fees for those services. Continuing care retirement communities certified for Medicare or Medicaid, or both, must comply with governmental reimbursement requirements concerning charges for home health services.
For purposes of this subsection `resident', `living unit', and `continuing care contract' have the same meanings as provided in Section 37-11-20.
(C) Subsection (B) applies only to multi-level continuing care retirement communities which incorporate a skilled nursing facility.
(D) The continuing care retirement community shall not bill in excess of its costs. These costs will be determined on nonfacility-based Medicare and/or Medicaid standards."
Time effective
SECTION 3. This act takes effect upon approval by the Governor.
Approved the 4th day of June, 1996.