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INTRODUCED
January 22, 2002
H. 4498
S. Printed 1/22/02--S.
Read the first time January 22, 2002.
TO PROVIDE THAT BEGINNING FEBRUARY 1, 2002 THROUGH JUNE 30, 2003, NURSING HOMES MUST PAY AN ANNUAL FRANCHISE FEE BASED UPON THE TOTAL PATIENT DAYS SERVED BY THE NURSING HOME MULTIPLIED BY A THREE DOLLAR PER PATIENT DAY FEE AND TO FURTHER PROVIDE FOR THE CALCULATION AND COLLECTION OF THIS FEE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Notwithstanding any other provision of law, beginning February 1, 2002 through June 30, 2003:
(a) to maintain a license issued by the Department of Health and Environmental Control pursuant to Article 3, Chapter 7, Title 44 of the 1976 Code, each nursing home shall pay a nursing home franchise fee beginning February 1, 2002. The fee must be remitted in monthly payments. The annual franchise fee must be calculated for each nursing home based upon the total patient days served by the nursing home during its FYE 2000 reporting period, multiplied by a per patient day fee of three dollars. Total patient day information for each nursing home must be obtained from either the nursing home's FYE 2000 Medicaid cost report, or the South Carolina Department of Health and Environmental Control's FY 2000 Joint Annual Report of Nursing Care Facilities. In the event that FY 2000 data is unavailable under either report, FY 1999 data must be used. Nursing homes which filed partial year 2000, or 1999, patient day data shall have its data annualized. The South Carolina Department of Health and Human Services shall provide to the South Carolina Department of Revenue by January 25, 2002, the amount of the annual SFY 2002 franchise fee to be collected from each nursing home. The South Carolina Department of Revenue shall bill each nursing home monthly for one-twelfth of the annual fee amount beginning February 1, 2002. The Department of Revenue shall administer and enforce the collection of these fees in accordance with the provisions of Chapter 54, Title 12 of the 1976 Code. The Department of Revenue may promulgate regulations for that purpose.
(b) The nursing home franchise fee for SFY 2002 must be calculated and billed using the methodology provided in subsection (a). The South Carolina Department of Health and Human Services shall provide to the South Carolina Department of Revenue, by June 30, 2002, the amount of the annual SFY 2002 franchise fee to be collected from each nursing home.
(c) For new nursing homes licensed after December 31, 2001, the franchise fee must be initially calculated using projected total patient days served during the first full year of operation multiplied by a per patient day fee of three dollars. Subsequent franchise fees must be based upon actual patient days served on an annual basis. For nursing homes which were licensed during calendar year 2000 and 2001 that have not reported total patient day information to either the South Carolina Department of Health and Human Services or the South Carolina Department of Health and Environmental Control, the franchise fee must be calculated using actual or projected, depending upon the date of licensure, total patient days served during the first full year of operation multiplied by a per patient day fee of three dollars. Subsequent franchise fees must be based upon actual patient days served on an annual basis for those nursing homes which used projected total patient days to determine that initial franchise fee.
SECTION 2. This joint resolution takes effect upon approval by the Governor.
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