South Carolina General Assembly
109th Session, 1991-1992

Bill 4101


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Introducing Body:               House
Bill Number:                    4101
Primary Sponsor:                P. Harris
Type of Legislation:            GB
Subject:                        Certification of need program
Residing Body:                  House
Companion Bill Number:          1107
Date Tabled:                    Apr 02, 1992
Computer Document Number:       BR1/1897.AC
Introduced Date:                Jan 14, 1992
Last History Body:              House
Last History Date:              Apr 02, 1992
Last History Type:              Tabled
Scope of Legislation:           Statewide
All Sponsors:                   P. Harris
                                Carnell
                                J. Harris
                                Mattos
Type of Legislation:            General Bill



History


 Bill  Body    Date          Action Description              CMN
 ----  ------  ------------  ------------------------------  ---
 4101  House   Apr 02, 1992  Tabled
 4101  House   Apr 02, 1992  Reconsidered vote whereby
                             debate was adjourned
 4101  House   Apr 01, 1992  Debate adjourned until
                             Wednesday, April 8, 1992
 4101  House   Mar 25, 1992  Debate adjourned until
                             Wednesday, April 1, 1992
 4101  House   Mar 24, 1992  Debate Adjourned until
                             Wednesday, March 25, 1992
 4101  House   Mar 19, 1992  Debate Adjourned until
                             Tuesday, March 24, 1992
 4101  House   Mar 04, 1992  Committee Report: Favorable     27
 4101  House   Jan 14, 1992  Introduced, read first time,    27
                             referred to Committee

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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

COMMITTEE REPORT

March 4, 1992

H. 4101

Introduced by REPS. P. Harris, Carnell, J. Harris and Mattos

S. Printed 3/4/92--H.

Read the first time January 14, 1992.

THE COMMITTEE ON MEDICAL,

MILITARY, PUBLIC AND MUNICIPAL AFFAIRS

To whom was referred a Bill (H. 4101), to amend Section 44-7-170, as amended, Code of Laws of South Carolina, 1976, relating to institutions and transactions exempt from the State Certification of Need Program, etc., respectfully

REPORT:

That they have duly and carefully considered the same, and recommend that the same do pass:

DAVE C. WALDROP, for Committee.

STATEMENT OF ESTIMATED FISCAL IMPACT

1. Estimated Cost to State-First Year $-0-

2. Estimated Cost to State-Annually

Thereafter $-0-

H. 4101 amends Section 44-7-170 of the Code of Laws of South Carolina by providing an exemption from the certificate of need process for community-based housing designed to promote independent living for persons with mental or physical disabilities. Because of the wording of the bill, it affects both the Department of Mental Health and the Department of Mental Retardation.

By themselves, the provisions of H. 4101 would have no fiscal impact. Facilities owned and operated by DMH and DMR are already exempt from the certificate of need process. Exemption from the COM process under H. 4101, could possibly encourage building of community residences by private/non-profit organizations that qualify to provide services to the mentally ill or to the mentally retarded as ICF/MR's. However, such facilities could be reimbursed for their services only if DMH and/or DMR contracted with them or if they contracted directly with the Finance Commission. H. 4101 does not require any such contractual arrangements. Accordingly, enactment of H. 4101, as written, would not have any fiscal impact on the General Fund in the absence of new monies appropriated by the legislature.

Prepared By: Approved By:

Aaron Krute George N. Dorn, Jr.

State Budget Analyst State Budget Division

A BILL

TO AMEND SECTION 44-7-170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSTITUTIONS AND TRANSACTIONS EXEMPT FROM THE STATE CERTIFICATION OF NEED PROGRAM, SO AS TO EXEMPT COMMUNITY-BASED HOUSING DESIGNED TO PROMOTE INDEPENDENT LIVING FOR PERSONS WITH MENTAL OR PHYSICAL DISABILITIES.

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

SECTION 1. Section 44-7-170(B) of the 1976 Code, as last amended by Act 670 of 1988, is further amended by adding:

"(6) community-based housing designed to promote independent living for persons with mental or physical disabilities."

SECTION 2. This act takes effect upon approval by the Governor.

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