Bill 2922

                    Current Status

Bill Number:               2922
Ratification Number:       612
Act Number                 494
Introducing Body:          House
Subject:                   Relating to charges for services
                           rendered by the Department of Mental
                           Retardation

(A494, R612, H2922)

AN ACT TO AMEND SECTION 44-2-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHARGES FOR SERVICES RENDERED BY THE DEPARTMENT OF MENTAL RETARDATION, SO AS TO PROVIDE THAT FEDERAL FUNDS AVAILABLE TO PAY FOR DEPARTMENT SERVICES SHALL BE APPLIED FOR PRIOR TO CHARGING PATIENTS OR THEIR PERSONAL REPRESENTATIVES FOR SUCH SERVICES AND PROVIDE THAT CHARGES MAY BE MADE FOR NONRESIDENTIAL OUTPATIENT SERVICES OF THE DEPARTMENT.

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

Department may charge for services

Section 1. Section 44-21-260 of the 1976 Code is amended to read:

"Section 44-21-260. The General Assembly declares that reasonable reimbursement to the State for its fiscal outlay in behalf of services rendered by the Department to mentally retarded persons is a just obligation of the mentally retarded person, his estate, or his parent or guardian under the conditions and terms herein provided.

The Department may charge for its services provided that no service shall be denied a qualifying mentally retarded person, his parent, or guardian, because of inability to pay part or all of the Department's expense in providing that service. Where federal reimbursement is authorized for services provided, the Department shall in all cases initially seek such reimbursement. No charge or combination of charges may exceed the actual cost of services rendered. The Commission shall approve the procedures established to determine ability to pay and may authorize its designees to reduce or waive charges based upon their findings.

Parents, guardians, or other responsible relatives will not be charged for residential services provided by the Department for their child or ward. Residential services shall include all services rendered a mentally retarded person while under the Department's jurisdiction as an inpatient. Provided, however, that persons admitted temporarily to the Department's jurisdiction for the specific purpose of receiving services of essentially an outpatient nature, or their parent or guardian, may be assessed a charge for services received, not to exceed cost.

The Department shall establish a hearing and review procedure so that a mentally retarded person under the Department's jurisdiction, or his parent or guardian, may appeal charges made for services or may present to the departmental officials information or evidence to be considered in establishing charges. The Department may utilize all legal procedures to collect lawful claims.

The Department may establish by regulation charges for other services rendered by the Department."

Time Effective

Section 2. This act shall take effect upon approval by the Governor.