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Sponsors: Reps. Chalk, Mitchell, Lowe and Clemmons
Document Path: l:\council\bills\nbd\11436ab07.doc
Introduced in the House on March 27, 2007
Currently residing in the House Committee on Ways and Means
Summary: In-home care service provider licensure
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 3/27/2007 House Introduced and read first time HJ-94 3/27/2007 House Referred to Committee on Medical, Military, Public and Municipal Affairs HJ-94 4/17/2008 House Committee report: Favorable with amendment Medical, Military, Public and Municipal Affairs HJ-22 4/22/2008 Scrivener's error corrected 4/24/2008 House Member(s) request name added as sponsor: Mitchell, Lowe, Clemmons 4/24/2008 House Requests for debate-Rep(s). Kennedy, Hayes, Hosey, Clyburn, JH Neal, Ott, Frye, Thompson, Pinson, Knight, and Bedingfield HJ-52 4/29/2008 House Requests for debate removed-Rep(s). JH Neal HJ-42 4/29/2008 House Requests for debate-Rep(s). Crawford, Chalk, Lowe, and Stavrinakis HJ-42 4/29/2008 House Committed to Committee on Ways and Means HJ-60 4/29/2008 House Roll call Yeas-75 Nays-23 HJ-61
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
April 17, 2008
S. Printed 4/17/08--H. [SEC 4/22/08 4:54 PM]
Read the first time March 27, 2007.
To whom was referred a Bill (H. 3797) to amend Section 44-7-130, Code of Laws of South Carolina, 1976, relating to definitions used in connection with the licensure of health facilities, so as to add, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Title 44 of the 1976 Code is amended by adding:
Section 44-70-10. This chapter may be cited as the 'Licensure of In-Home Care Provider Act'.
Section 44-70-20. As used in this chapter:
(1) 'Department' means the South Carolina Department of Health and Environmental Control.
(2) 'In-home care' means care:
(a) primarily intended to assist an individual with an activity of daily living or in meeting a personal rather than a medical need, but not including skilled care or specific therapy for an illness or injury;
(b) given to assist an individual in an activity of daily living, such as walking, getting in and out of bed, bathing, dressing, feeding, using the toilet, preparing special diets, and supervising self-administered medication; and
(c) personal in nature but not mandating continuing attention or supervision from trained and licensed medical personnel.
(3) 'In-home care provider' means a person, business entity, corporation, or association, whether operated for profit or not for profit, that for compensation directly provides or makes provision for in-home care services through its own employees or agents or through contractual arrangements with independent contractors or through referral of other persons to render in-home care services when the individual making the referral has a financial interest in the delivery of those services by those other persons who would deliver those services. The service is provided for individuals who are elderly, convalescing, or who have a disability. An in-home care provider does not include:
(a) a home health agency, hospice, or another person licensed under Section 44-7-260;
(b) an individual who provides only a house cleaning service; or
(c) an individual who provides in-home care at no more than four locations if the care recipients at each location are related family members within the third degree of consanguinity.
Section 44-70-30. An in-home care provider must apply for and obtain a license issued by the department that shall be effective for a specified time period following the date of issue as determined by the department.
Section 44-70-40. The department shall promulgate regulations for the licensure of an in-home care provider. These regulations must include a:
(1) process a provider must follow to apply for a license or renew a license;
(2) list of responsibilities and duties of a licensee, including requirements for bonding, record keeping, and reporting;
(3) fee the department may charge to process an application for a license, the issuance of a license, the renewal of a license, or the reinstatement of revoked or suspended license;
(4) list of criteria that a licensee's employee, agent, independent contractor, or referral must satisfy before they may provide an in-home care service. These criteria must include personal information, completion of a minimum education requirement, screening for communicable diseases, and a criminal background check. Prior to becoming licensed as an in-home care provider or employed as a caregiver by a licensed in-home care provider, a person who can provide verification of residency in South Carolina for at least one year prior to application shall undergo a state criminal records check, supported by fingerprints, by the South Carolina Law Enforcement Division (SLED). Verification of residency may be provided through:
(a) rent, mortgage, or utility receipts in the applicant's name for a home within South Carolina;
(b) pay stubs in the applicant's name from a business located in South Carolina;
(c) bank records in the applicant's name showing a deposit or checking account held in a South Carolina branch office of a bank; or
(d) a driver's license or identification card issued by the State of South Carolina;
(5) sanction that the department may impose for a violation of this chapter, including the suspension or revocation of a license or the imposition of a monetary penalty; and
(6) requirement that if a person seeking to become a licensed in-home care provider or to be employed as a caregiver by a licensed in-home care provider cannot verify residency in South Carolina for at least one year prior to his application, he must also undergo a national criminal records check, supported by fingerprints, by the Federal Bureau of Investigation (FBI). The results of these criminal records checks must be reported to the department. SLED is authorized to retain the fingerprints for certification purposes and for notification of the department regarding criminal charges. The cost of the state criminal records check must be paid to the department by the caregiver or the in-home care provider upon application for the state check. The cost of the national records check must be paid to the department by the caregiver or the in-home care provider upon application for the national check. A person may provide licensed in-home care provider services on a provisional basis after the favorable completion of the state criminal background check and until such time as the national criminal background check is completed.
Section 44-70-50. A license to operate as an in-home care provider is:
(1) not transferable or assignable; and
(2) subject to suspension or revocation for failure to comply with a provision of this chapter or regulations promulgated by the department.
Section 44-70-60. A fee established by this chapter must be remitted to the department in a separate and distinct account and exclusively must be used to support activities pursuant to this chapter."
SECTION 2. This act takes effect upon approval by the Governor, except the licensure requirements of Section 44-70-30 will become effective upon implementation of the department regulations./
Renumber sections to conform.
Amend title to conform.
/TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 70 TO TITLE 44 SO AS TO CREATE THE "LICENSURE OF IN-HOME CARE PROVIDER ACT"./
LEON HOWARD for Committee.
EXPLANATION OF IMPACT:
Department of Health & Environmental Control (DHEC)
The bill requires DHEC to begin licensing "in-home health care providers." The number of such providers is unknown. However, DHEC estimates first year cost of licensing such facilities at between $155,100 and $231,050 assuming between 100 and 300 facilities would need to be licensed. Recurring annual cost can be estimated at between $117,100 and $193,075 annually thereafter. The number of additional FTEs needed to implement the licensing requirement is estimated at between 3.50 and 5.50.
The Departments of Health & Human Services, and Disabilities and Special Needs each indicate this bill would have no impact on the General Fund of the State or on federal and/or other funds.
The section of the Code amended by this bill deals with the Certificate of Need program and authorizes DHEC to charge an application fee, filing fee and a review fee. All such fees are remitted to the General Fund of the State.
Office of State Budget
TO AMEND SECTION 44-7-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN CONNECTION WITH THE LICENSURE OF HEALTH FACILITIES, SO AS TO ADD A DEFINITION FOR AN "IN-HOME CARE SERVICE PROVIDER"; AND TO AMEND SECTION 44-7-260, RELATING TO REQUIREMENTS FOR LICENSURE OF A HEALTH FACILITY, SO AS TO MAKE THE LICENSURE REQUIREMENTS APPLICABLE TO AN "IN-HOME CARE SERVICE PROVIDER".
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 44-7-130 of the 1976 Code, is amended by adding an appropriately numbered item at the end to read:
"( ) 'In-home care service provider' means a public or private agency that, in exchange for compensation, provides a service to a client at the client's residence including a nursing service, a task normally performed by a sitter or companion, or assistance with a task related to personal care and daily living. The agency may provide the service through its own employee, agent, independent contractor, or the referral of a private individual. This definition specifically excludes a private individual used by a client for in-home service if state, federal, or institutional funds are not used to compensate the private individual providing the in-home service."
SECTION 2. Section 44-7-260(A) of the 1976 Code, is amended by adding an appropriately numbered subitem at the end to read:
"( ) in-home care service provider."
SECTION 3. This act takes effect upon approval by the Governor.
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