South Carolina General Assembly
111th Session, 1995-1996

Bill 3269


                    Current Status

Bill Number:                    3269
Ratification Number:            468
Act Number:                     381
Type of Legislation:            General Bill GB
Introducing Body:               House
Introduced Date:                19950117
Primary Sponsor:                Richardson
All Sponsors:                   Richardson, P. Harris, Waldrop,
                                Neilson, J. Brown, Inabinett, Kelley,
                                Rhoad and Shissias 
Drafted Document Number:        br1\18026ac.95
Companion Bill Number:          390
Date Bill Passed both Bodies:   19960529
Date of Last Amendment:         19960522
Governor's Action:              S
Date of Governor's Action:      19960604
Subject:                        Continuing care retirement
                                community

History



Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

------  19960613  Act No. A381
------  19960604  Signed by Governor
------  19960530  Ratified R468
House   19960529  Concurred in Senate amendment, 
                  enrolled for ratification
Senate  19960523  Read third time, returned to House
                  with amendment
Senate  19960522  Amended, read second time, 
                  ordered to third reading 
                  with notice of general amendments
Senate  19960410  Placed on the Second Reading Calendar
                  pursuant to the provisions of Rule 27D
Senate  19960410  Committee report: Favorable with         13 SMA
                  amendment
Senate  19960116  Recommitted to Committee                 13 SMA
Senate  19950531  Debate adjourned
Senate  19950523  Amended, read second time, 
                  ordered to third reading 
                  with notice of general amendments
Senate  19950518  Committee report: Favorable with         13 SMA
                  amendment
Senate  19950411  Introduced, read first time,             13 SMA
                  referred to Committee
House   19950406  Read third time, sent to Senate
House   19950405  Objection withdrawn by Representative            Fair
                                                                   Robinson
House   19950405  Amended, read second time
House   19950405  Objection by Representative                      Fair
                                                                   Marchbanks
                                                                   Robinson
House   19950330  Committee report: Favorable with         27 H3M
                  amendment
House   19950117  Introduced, read first time,             27 H3M
                  referred to Committee

View additional legislative information at the LPITS web site.


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

(A381, R468, H3269)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-69-77 SO AS TO ALLOW A LICENSED CONTINUING CARE RETIREMENT COMMUNITY THAT OPERATES A HOME HEALTH AGENCY AND A NURSING HOME TO SHARE CERTAIN SERVICES BETWEEN THE HOME HEALTH AGENCY AND THE NURSING HOME; AND TO AMEND SECTION 44-69-75, RELATING TO REQUIRING A HOME HEALTH AGENCY TO OBTAIN A CERTIFICATE OF NEED BEFORE BEING LICENSED, SO AS TO EXEMPT CONTINUING CARE RETIREMENT COMMUNITIES FROM OBTAINING A CERTIFICATE OF NEED TO PROVIDE HOME HEALTH SERVICES TO ITS RESIDENTS IF CERTAIN CONDITIONS ARE MET.

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

Sharing of administration, supervision, and services allowed

SECTION 1. The 1976 Code is amended by adding:

"Section 44-69-77. If a continuing care retirement community licensed pursuant to Title 37, Chapter 11 operates a home health agency licensed pursuant to this chapter and a nursing home licensed pursuant to Title 44, Chapter 7, Article 3, the department shall:

(1) allow the home health agency and nursing home to share administration, supervision, and services to the extent the department determines that sharing does not or will not reduce the care, treatment, health, safety, welfare, and comfort of patients served by the home health agency and the nursing home; and

(2) coordinate, to the extent feasible, annual licensing inspections."

Exemption from certificate of need to provide home health services

SECTION 2. Section 44-69-75 of the 1976 Code is amended to read:

"Section 44-69-75. (A) A home health agency shall obtain a certificate of need before licensure. Procedures for applying for a certificate must be in accordance with the `State Certification of Need and Health Facility Licensure Act'. No certificate is required for home health agencies providing home health services before July 1, 1980.

(B) A continuing care retirement community licensed pursuant to Title 37, Chapter 11, may provide home health services and is exempt from subsection (A) if:

(1) the continuing care retirement community furnishes or offers to furnish home health services only to residents who reside in living units provided by the continuing care retirement community pursuant to a continuing care contract;

(2) the continuing care retirement community maintains a current license and meets applicable home health agency licensing standards;

(3) residents of the continuing care retirement community may choose to obtain home health services from other licensed home health agencies.

Staff from other areas of the continuing care retirement community may deliver the home health services, but at no time may staffing levels in any area of the continuing care retirement community fall below minimum licensing standards or impair the services provided.

If the continuing care retirement community includes charges for home health services in its base contract, it is prohibited from billing additional fees for those services. Continuing care retirement communities certified for Medicare or Medicaid, or both, must comply with governmental reimbursement requirements concerning charges for home health services.

For purposes of this subsection `resident', `living unit', and `continuing care contract' have the same meanings as provided in Section 37-11-20.

(C) Subsection (B) applies only to multi-level continuing care retirement communities which incorporate a skilled nursing facility.

(D) The continuing care retirement community shall not bill in excess of its costs. These costs will be determined on nonfacility-based Medicare and/or Medicaid standards."

Time effective

SECTION 3. This act takes effect upon approval by the Governor.

Approved the 4th day of June, 1996.