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Current Status Bill Number:View additional legislative information at the LPITS web site.95 Ratification Number:263 Act Number:248 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19990112 Primary Sponsor:Giese All Sponsors:Giese, Elliott Drafted Document Number:l:\council\bills\psd\7025ac99.doc Date Bill Passed both Bodies:20000411 Date of Last Amendment:20000330 Governor's Action:S Date of Governor's Action:20000501 Subject:Hospice facility, regulation by Health and Environmental Control Department; Medical, Patients, Hospitals History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ ------ 20000516 Act No. A248 ------ 20000501 Signed by Governor ------ 20000426 Ratified R263 Senate 20000411 Concurred in House amendment, enrolled for ratification House 20000405 Read third time, returned to Senate with amendment House 20000404 Debate adjourned until Wednesday, 20000405 House 20000330 Amended, read second time House 20000329 Committee report: Favorable 27 H3M with amendment House 19990603 Introduced, read first time, 27 H3M referred to Committee Senate 19990603 Read third time, sent to House Senate 19990602 Read second time, unanimous consent for third reading on Thursday, 19990603 Senate 19990602 Committee amendment adopted Senate 19990527 Committee report: Favorable with 13 SMA amendment Senate 19990112 Introduced, read first time, 13 SMA referred to Committee Senate 19981118 Prefiled, referred to Committee 13 SMA Versions of This Bill Revised on May 27, 1999 - Word format Revised on June 2, 1999 - Word format Revised on March 29, 2000 - Word format Revised on March 30, 2000 - Word format
(A248, R263, S95)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-71-65 SO AS TO PROVIDE THAT A HOSPICE 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 ADD SECTION 44-71-95 SO AS TO PROVIDE THAT A HEALTH CARE FACILITY IS NOT PROHIBITED FROM PROVIDING HOSPICE SERVICES THROUGH CONTRACTUAL ARRANGEMENTS WITH A LICENSED HOSPICE ORGANIZATION; TO AMEND SECTION 44-7-130, AS AMENDED, RELATING TO DEFINITIONS IN THE STATE CERTIFICATION OF NEED AND HEALTH FACILITY LICENSURE ACT, SO AS TO INCLUDE HOSPICE FACILITIES IN THE DEFINITION OF A HEALTH CARE FACILITY; 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 FACILITIES; AND TO AMEND SECTION 44-71-60, RELATING TO THE PROMULGATION OF REGULATIONS FOR HOSPICE PROGRAMS, SO AS TO INCLUDE REGULATIONS FOR HOSPICE FACILITIES.
Be it enacted by the General Assembly of the State of South Carolina:
Hospice facilities subject to certain regulations
SECTION 1. The 1976 Code is amended by adding:
"Section 44-71-65. Notwithstanding any other provision of law, a hospice 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."
Health care facility not prohibited from providing hospice services
SECTION 2. The 1976 Code is amended by adding:
"Section 44-71-95. Nothing in this chapter may be construed to prohibit a health care facility from providing hospice services through contractual arrangements with a licensed hospice operation."
Definition
SECTION 3. Section 44-7-130(10) of the 1976 Code, as last amended by Act 303 of 1998, is further amended to read:
"(10) 'Health care facility' means acute care hospitals, psychiatric hospitals, alcohol and substance abuse hospitals, methadone treatment facilities, tuberculosis hospitals, nursing homes, ambulatory surgical facilities, hospice facilities, rehabilitation facilities, residential treatment facilities for children and adolescents, habilitation centers for mentally retarded persons or persons with related conditions, and any other facility for which Certificate of Need review is required by federal law."
Definitions
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 licensed hospice 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 facility' means an institution, place, or building in which a licensed hospice provides room, board, and appropriate hospice services on a twenty-four hour basis to individuals requiring hospice care pursuant to the orders of a physician.
(5) 'Licensee' means the individual, corporation, or public entity with whom rests the ultimate responsibility for maintaining approved standards for the hospice or hospice facility."
Regulations to include hospice facilities
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 needs, 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 facilities, which will promote safe and adequate care and treatment of the patients and their families."
Time effective
SECTION 6. This act takes effect upon approval by the Governor.
Ratified the 26th day of April, 2000.
Approved the 1st day of May, 2000.
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