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TO AMEND SECTION 15-78-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS OF TERMS IN THE TORT CLAIMS ACT, SO AS TO INCLUDE IN THE DEFINITION OF "GOVERNMENTAL HEALTH CARE FACILITY" A NURSING HOME THAT PROVIDES SERVICES THROUGH MEDICAID, MEDICARE, OR BY CONTRACT WITH THE VETERANS ADMINISTRATION AND THOSE SERVICES CONSTITUTE AT LEAST TWENTY-FIVE PERCENT OF THE GROSS REVENUE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 15-78-30(j) of the 1976 Code, as last amended by Act 271 of 1996, is further amended to read:
"(j) 'Governmental health care facility' means:
(i) one a health care facility which is operated by the State or a political subdivision through a governing board appointed or elected pursuant to statute or ordinance and which is tax-exempt under pursuant to state and federal laws as a governmental entity and from which no part of its net income from its operation accrues to the benefit of any individual or nongovernmental entity.;
(ii) Health care facility includes any a facility as defined in Title 44, S. C. Code Ann. for the provision of mental or physical care to individuals, whether or not it is required to be licensed under pursuant to those provisions.; and
(iii) a nursing home, as defined in Section 44-7-130, that provides services through Medicaid, Medicare, or by contract with the Veterans Administration and the services provided constitute at least twenty-five percent of the gross revenue of the nursing home."
SECTION 2. This act takes effect upon approval by the Governor.
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