South Carolina General Assembly
116th Session, 2005-2006

Download This Bill in Microsoft Word format

Indicates Matter Stricken
Indicates New Matter

S. 1260

STATUS INFORMATION

General Bill
Sponsors: Senator Hutto
Document Path: l:\council\bills\nbd\12260ac06.doc

Introduced in the Senate on March 16, 2006
Currently residing in the Senate Committee on Medical Affairs

Summary: Private duty home health care agencies

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   3/16/2006  Senate  Introduced and read first time SJ-4
   3/16/2006  Senate  Referred to Committee on Medical Affairs SJ-4

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

3/16/2006

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND SECTION 44-69-75, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTIFICATE OF NEED REQUIREMENTS FOR HOME HEALTH AGENCIES, SO AS TO EXEMPT FROM THESE REQUIREMENTS PRIVATE DUTY HOME CARE AGENCIES THAT PARTICIPATE IN STATE-FUNDED WAIVER PROGRAMS, THAT CONTINUOUSLY HAVE PROVIDED THESE SERVICES SINCE JANUARY 1, 2001, AND THAT ARE ACCREDITED BY THE JOINT COMMISSION FOR THE ACCREDITATION OF HEALTH CARE ORGANIZATIONS.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    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)(1)    A continuing care retirement community licensed pursuant to Title 37, Chapter 11, may provide home health services and is exempt from the certificate of need requirements provided for in subsection (A) if:

(1)(a)    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)(b)    the continuing care retirement community maintains a current license and meets applicable home health agency licensing standards;

(3)(c)    residents of the continuing care retirement community may choose to obtain home health services from other licensed home health agencies.

(2)    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.

(3)    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.

(4)    For purposes of this subsection 'resident', 'living unit', and 'continuing care contract' have the same meanings as provided in Section 37-11-20.

(C)(5)    This subsection (B) applies only to multi-level continuing care retirement communities which that incorporate a skilled nursing facility.

(D)(6)    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.

(C)    A private duty home care agency that presently participates in state-funded waiver programs including, but not limited to, those administered by Community Long Term Care and the Department of Disabilities and Special Needs is exempt from the certificate of need requirements provided for in subsection (A) if the agency:

(1)    continuously has provided home health services since January 1, 2001; multiple locations within the same home health agency are also exempt if at least one location satisfies the requirements of this subsection;

(2)    is accredited by the Joint Commission for the Accreditation of Health Care Organizations or a similar accrediting entity. Future locations of a home care agency that satisfies the requirements of this subsection also are exempt if participation among state-funded waiver programs continues within the service area of a new location. An agency's future locations have a thirty-six month grace period to become accredited by the Joint Commission for the Accreditation of Health Care Organizations."

SECTION    2.    This act takes effect upon approval by the Governor.

----XX----

This web page was last updated on Friday, December 4, 2009 at 3:36 P.M.