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Indicates Matter Stricken
Indicates New Matter
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
May 14, 2008
H. 4750
S. Printed 5/14/08--S.
Read the first time April 30, 2008.
To whom was referred a Bill (H. 4750) to amend Section 37-11-100, as amended, Code of Laws of South Carolina, 1976, relating to disciplinary procedures for those who manage continuing care facilities, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass:
DAVID L. THOMAS for Committee.
EXPLANATION OF IMPACT:
Other Agencies
The Department of Consumer Affairs and the Administrative Law Court indicate that this bill would have no impact on the General Fund of the State or on federal and/or other funds as it merely clarifies the current disciplinary process exercised by the department.
Attorney General's Office
The agency has been forwarded a copy of the bill for their review. The impact on this office, if any, will be submitted after review and analysis.
Approved By:
Harry Bell
Office of State Budget
TO AMEND SECTION 37-11-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISCIPLINARY PROCEDURES FOR THOSE WHO MANAGE CONTINUING CARE FACILITIES, SO AS TO DELETE OBSOLETE PROVISIONS, PROVIDE GROUNDS FOR WHICH DISCIPLINARY ACTION MAY BE TAKEN, REQUIRE THAT DISCIPLINARY ACTION OCCUR SUBJECT TO THE ADMINISTRATIVE PROCEDURES ACT, AND REQUIRE A PERSON WHO HAS UNDERTAKEN UNLAWFUL CONDUCT TO REPAY COSTS OF ENFORCEMENT OF THE CHAPTER; BY ADDING SECTION 37-11-125 SO AS TO PROVIDE THAT THE ATTORNEY GENERAL MAY FILE AN ACTION IN CIVIL COURT TO ENFORCE PROVISIONS OF THIS CHAPTER; TO AMEND SECTION 37-11-135, RELATING TO EXEMPTIONS FROM DISCIPLINARY PROCEDURES, SO AS TO PROVIDE THAT EXEMPT COMMUNITIES MUST OBTAIN A LETTER OF NONAPPLICABILITY; BY ADDING SECTION 37-11-137 SO AS TO PROVIDE THAT FUNDS COLLECTED BY THE DEPARTMENT MUST BE USED TO IMPLEMENT THE PROVISIONS OF THIS CHAPTER; AND TO AMEND SECTION 37-11-140, RELATING TO THE EFFECTIVE DATE OF THE CHAPTER, SO AS TO DELETE OBSOLETE PROVISIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 37-11-100 of the 1976 Code, as last amended by Act 128 of 2005, is further amended to read:
"Section 37-11-100. The department may file a request for a contested case hearing with the Administrative Law Court to suspend or revoke a license issued pursuant to this chapter or assess a monetary penalty for violation of a provision of this chapter or a regulation promulgated pursuant to this chapter. (A)For the purposes of this section, 'conviction' includes a plea of guilty or nolo contendere or a finding of guilt.
(B) The department may take disciplinary action against a licensee or an operator for violation of a provision of this chapter or a regulation promulgated pursuant to this chapter.
(C) Upon finding that a licensee, operator, or person who manages the community on a day-to-day basis has violated one or more provisions of this section, the department may:
(1) deny an application for a license;
(2) revoke, restrict, suspend, or refuse to renew a license;
(3) impose an administrative penalty in an amount not less than one thousand dollars for each violation, but not more than ten thousand dollars;
(4) issue a reprimand;
(5) issue a cease and desist order; or
(6) place the licensee, operator, or person who manages the community on a day-to-day basis on probation for a period and subject to conditions and restrictions that the department specifies.
(D) A disciplinary action, denial of an application for a new or renewal license, license revocation, or license suspension must occur subject to the Administrative Procedures Act, with notice to, and an opportunity for a hearing by, the affected applicant, licensee, or operator. A contested hearing pursuant to this section must be held before the Administrative Law Court.
(E) A licensee, operator, or person who manages the community on a day-to-day basis who is found to be engaged in unlawful conduct may be assessed the reasonable costs necessary to the investigation, disciplinary proceeding, court proceeding, or other action to enforce the provisions of this chapter."
SECTION 2. Chapter 11, Title 37 of the 1976 Code is amended by adding:
"Section 37-11-125. The department or the Attorney General may file an action in the Administrative Law Court or circuit court to enforce the provisions of this chapter."
SECTION 3. Section 37-11-135 of the 1976 Code is amended to read:
"Section 37-11-135. A continuing care retirement community which does not require payment of an entrance fee is exempt from the requirements of this chapter. In order to qualify for this exemption, a facility must obtain a letter of nonapplicability from the department."
SECTION 4. Chapter 11, Title 37 of the 1976 Code is amended by adding:
"Section 37-11-137. All funds collected by the department pursuant to this chapter must be retained and used to implement the provisions of this chapter."
SECTION 5. Section 37-11-140 of the 1976 Code is amended to read:
"Section 37-11-140. (A) A continuing care retirement community in operation, or for which binding financial commitments have been made, as of the effective date of this chapter is not required to meet the criteria established by the department pursuant to Section 37-11-40(1), (2), and (3) and Section 37-11-50(2) and (3) until July 1, 1992.
(B) A continuing care retirement community in operation, or for which binding financial commitments have been made, as of the effective date of this chapter, is exempt from the requirements of Section 37-11-90(B)(2) until July 1, 1994.
(C)(A) The provisions of Section 37-11-35 do not apply to a continuing care contract entered into before the effective date of this chapter.
(D)(B) The provisions of subsections subsection (A), (B), and (C) do not limit the department's authority to deny, suspend, or revoke a license or assess a monetary penalty if it finds fraud or gross financial mismanagement."
SECTION 6. This act takes effect upon approval by the Governor.
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