Bill 573

                    Current Status

Bill Number:               573
Ratification Number:       145
Act Number                 213
Introducing Body:          Senate
Subject:                   To construct additional Medicaid-
                           certified nursing home beds and provide
                           adequate funds to pay for the care

(A213, R145, S573)

A JOINT RESOLUTION TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO CONSTRUCT ADDITIONAL MEDICAID-CERTIFIED NURSING HOME BEDS AND PROVIDE ADEQUATE FUNDS TO PAY FOR THE CARE GIVEN TO THE ADDITIONAL MEDICAID PATIENTS WHEN THESE NEW BEDS ARE CONSTRUCTED AND CERTIFIED, SET FORTH THE FEDERAL LIMITATION ON THE NUMBER OF PATIENTS ALLOWED ADDING TO THE DEMAND FOR THE BEDS, AUTHORIZE THE DEPARTMENT TO CONTRACT WITH NURSING HOMES IN GEORGIA AND NORTH CAROLINA, WITHIN BUDGET LIMITATIONS, TO PROVIDE CARE FOR MEDICAID PATIENTS FROM THIS STATE DURING THE FIRST FISCAL YEAR BEFORE THE AUTHORIZED ADDITIONAL BEDS ARE CONSTRUCTED, PROVIDE FOR THE ADMISSION PROCEDURES FOR PATIENTS, REQUIRE THE STATE HEALTH AND HUMAN SERVICES FINANCE COMMISSION TO EXPAND THE HOSPITAL "SWING BED" PROGRAM TO THE MAXIMUM EXTENT ALLOWED BY FEDERAL LAW, DEFINE "SMALL RURAL HOSPITALS", AND PROVIDE FOR THE HOSPITALS TO CONVERT A PORTION OF THEIR LICENSED HOSPITAL BEDS TO MEDICAID-CERTIFIED NURSING HOME BEDS WHICH MUST NOT BE COUNTED IN THE MEDICAL FACILITIES PLAN UNTIL 1991.

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

Findings; federal requirements

SECTION 1. The General Assembly finds that over six hundred Medicaid patients are awaiting admission to a nursing home, causing great hardship on these patients and their families. It is the intent of the General Assembly to authorize construction of additional Medicaid-certified nursing home beds and provide adequate funds in the future to pay for the care given to the additional Medicaid patients when these new beds are constructed and certified. Additionally, federal requirements in the Community Long Term Care program limit the number of patients who can receive community services in their homes, thus adding to the demand for nursing home beds. If this limitation is not lifted, more than the additional Medicaid-certified nursing home beds authorized in this act will be needed.

Authorization of construction of Medicaid-certified nursing home beds

SECTION 2. (A) The Department of Health and Environmental Control shall authorize the construction of at least one thousand five hundred Medicaid-certified nursing home beds through the Certificate of Need Program. In addition to existing criteria used by the department to evaluate applicants for the construction of the beds, the department shall give priority to applicants who can begin construction as soon as possible and complete construction within a reasonable time.

(B) Notwithstanding the provisions of Section 44-7-230 of the 1976 Code, a certificate of need granted pursuant to this section is valid for six months from the date of issuance. Extensions may be granted only upon evidence that substantial progress has been made.

Contracts with Georgia and North Carolina nursing homes

SECTION 3. (A) Because the Medicaid-certified nursing home beds authorized in Section 2 will not be available for patient care during fiscal year 1989-90, the State Health and Human Services Finance Commission is authorized within budget limitations to contract with nursing homes in Georgia and North Carolina to provide care for Medicaid patients from South Carolina during that fiscal year.

(B) Before a Medicaid patient is admitted to a nursing home in Georgia or North Carolina pursuant to this section, the admission must be approved by the Community Long Term Care Program. This approval may be granted only if no nursing home in South Carolina, within a reasonable distance of the patient's home, will admit the patient. If a patient is admitted to an out-of-state nursing home during fiscal year 1989-90, Medicaid coverage of his stay may continue until his discharge.

"Swing bed" program

SECTION 4. The State Health and Human Services Finance Commission shall expand the hospital "swing bed" program to the maximum extent allowed by federal law.

"Small rural hospitals"; conversion to Medicaid-certified nursing home beds

SECTION 5. (A) For purposes of this section, "small rural hospitals" means hospitals which meet federal criteria for participation in the Medicare or Medicaid swing bed program.

(B) Small rural hospitals are authorized to convert a portion of their licensed hospital beds to Medicaid-certified nursing home beds without obtaining a certificate of need from the Department of Health and Environmental Control.

(C) Qualifying hospitals must notify the department by January 1, 1990, of their intent to convert hospital beds pursuant to this section.

(D) New Medicaid-certified nursing home beds authorized by this section may not be counted in the South Carolina Medical Facilities Plan until 1991.

Time effective

SECTION 6. This act takes effect upon approval by the Governor.