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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3 TO CHAPTER 38, TITLE 43 SO AS TO CREATE THE VOLUNTEER LONG TERM CARE ADVOCATE PROGRAM UNDER THE LONG TERM CARE OMBUDSMAN PROGRAM WITHIN THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, TO ESTABLISH THE STRUCTURE OF THE VOLUNTEER PROGRAM, TO PROVIDE FOR THE DUTIES AND RESPONSIBILITIES OF THE DEPARTMENT AND THE OMBUDSMAN PROGRAM, AND TO REQUIRE THE DEPARTMENT INITIALLY TO IMPLEMENT THIS PROGRAM IN LIMITED AREAS USING CIVIL MONEY PENALTIES FUNDS AND TO EXPAND THE PROGRAM AS FUNDS BECOME AVAILABLE, AND TO DESIGNATE SECTIONS 43-38-10 THROUGH 43-38-60 AS ARTICLE 1, CHAPTER 38, TITLE 43 AND TO NAME ARTICLE 1 "HEALTH FACILITY INVESTIGATIONS".
Whereas, the South Carolina Long Term Care Ombudsman Program within the Department of Health and Human Services, authorized by the federal older American Act and state law, is charged with the responsibility to protect the rights and privileges of residents of long term care facilities and to investigate and resolve complaints made by or on behalf of facility residents; and
Whereas, the Ombudsman Program is responsible for approximately 39,005 residents in 879 long term care facilities and is required to investigate complaints in certain facilities operated by or through contract with the Department of Mental Health and the Department of Disabilities and Special Needs; and
Whereas, in 2001 the Ombudsman Program investigated 4,000 complaints, of which 3,323 were in nursing homes, 1,018 were in community residential care facilities, and 450 were in all other facilities, representing a trend of continuing increase in such complaints; and
Whereas, South Carolina is one of only a few states that does not have a volunteer long term care advocate program, which national studies have shown contribute significantly to the cost effectiveness of state ombudsman programs, and in light of the ongoing increase in complaints, South Carolina and its long term care residents would benefit greatly from such a volunteer advocate program. Now therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 38 , Title 43 of the 1976 Code is amended by adding:
Section 43-38-300. There is created the Volunteer Long Term Care Advocate Program under the Long Term Care Ombudsman Program. The purpose of this program is to augment the services provided by the Ombudsman Program by assisting the program in providing a higher level of service to long term care residents and by maintaining a higher degree of presence in long term care facilities.
Section 43-38-310. The department shall contract with area agencies on aging, authorized under the federal Older Americans Act and which operate regional ombudsman programs, to employ a volunteer coordinator for each agency and one statewide volunteer coordinator. The Long Term Care Ombudsman Program shall assist the volunteer coordinators in recruiting, screening, training, and placing volunteers, and staff of the regional ombudsman programs shall supervise the volunteer coordinators and provide ongoing guidance and direction to the volunteer advocates. The Long Term Care Ombudsman shall supervise the statewide volunteer coordinator and provide guidance and technical assistance to the regional volunteer programs.
Section 43-38-320. In carrying out this program, volunteer advocates may, among other things:
(1) make regular visits to long term care facilities;
(2) intervene informally to address concerns of long term care residents and families;
(3) provide information to and assistance in gathering information for regional ombudsmen.
Section 43-38-330. For purposes of this article, 'long term care facilities' means nursing homes, intermediate care facilities, and community residential care facilities.
Section 43-38-340. The Department of Health and Human services initially shall implement this program in a limited number of areas using funds from civil money penalties, provided under federal law, and as funds become available, the department shall expand the program statewide.
Section 43-38-350. The Department of Health and Human Services shall promulgate regulations to implement the provisions of this article including, but not limited to, volunteer training and certification requirements and the scope of volunteer activities."
SECTION 2. Sections 43-38-10 through 43-38-60 of the 1976 Code are designated as Article 1 of Chapter 38, Title 43 and named 'Health Facility Investigations'.
SECTION 3. This act takes effect upon approval by the Governor.
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