South Carolina General Assembly
122nd Session, 2017-2018

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A10, R18, S354

STATUS INFORMATION

General Bill
Sponsors: Senators Alexander and Verdin
Document Path: l:\s-res\tca\010cris.dmr.tca.docx
Companion/Similar bill(s): 3666

Introduced in the Senate on February 2, 2017
Introduced in the House on March 28, 2017
Last Amended on March 22, 2017
Passed by the General Assembly on April 7, 2017
Governor's Action: April 24, 2017, Signed

Summary: Certificate of need

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
    2/2/2017  Senate  Introduced and read first time (Senate Journal-page 6)
    2/2/2017  Senate  Referred to Committee on Medical Affairs 
                        (Senate Journal-page 6)
   3/16/2017  Senate  Committee report: Favorable with amendment Medical 
                        Affairs (Senate Journal-page 11)
   3/17/2017          Scrivener's error corrected
   3/22/2017  Senate  Committee Amendment Adopted (Senate Journal-page 27)
   3/22/2017  Senate  Read second time (Senate Journal-page 27)
   3/22/2017  Senate  Roll call Ayes-40  Nays-0 (Senate Journal-page 27)
   3/23/2017  Senate  Read third time and sent to House 
                        (Senate Journal-page 15)
   3/24/2017          Scrivener's error corrected
   3/28/2017  House   Introduced and read first time (House Journal-page 10)
   3/28/2017  House   Referred to Committee on Ways and Means 
                        (House Journal-page 10)
    4/5/2017  House   Recalled from Committee on Ways and Means 
                        (House Journal-page 72)
    4/6/2017  House   Read second time (House Journal-page 23)
    4/6/2017  House   Roll call Yeas-108  Nays-0 (House Journal-page 23)
    4/6/2017  House   Unanimous consent for third reading on next legislative 
                        day (House Journal-page 24)
    4/7/2017  House   Read third time and enrolled (House Journal-page 1)
   4/19/2017          Ratified R 18
   4/24/2017          Signed By Governor
   4/27/2017          Effective date 4/24/17
   4/28/2017          Act No. 10

View the latest legislative information at the website

VERSIONS OF THIS BILL

2/2/2017
3/16/2017
3/17/2017
3/22/2017
3/24/2017
4/5/2017


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

(A10, R18, S354)

AN ACT TO AMEND SECTION 44-7-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR THE STATE CERTIFICATION OF NEED AND HEALTH FACILITY LICENSURE ACT, SO AS TO DEFINE "CRISIS STABILIZATION UNIT FACILITY"; TO AMEND SECTION 44-7-170, AS AMENDED, RELATING TO THE REQUIREMENT FOR A CERTIFICATE OF NEED REVIEW, SO AS TO EXEMPT CRISIS STABILIZATION UNIT FACILITIES; AND TO AMEND SECTION 44-7-260, AS AMENDED, RELATING TO REQUIREMENTS FOR LICENSURE FOR HEALTH FACILITIES, SO AS TO REQUIRE CRISIS STABILIZATION UNIT FACILITIES TO OBTAIN A LICENSE FROM THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.

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

Certificate of Need and Health Facility Licensure Act definitions

SECTION    1.    Section 44-7-130 of the 1976 Code, as last amended by Act 173 of 2014, is further amended by adding:

"(26)    'Crisis stabilization unit facility' means a facility, other than a health care facility, operated by the Department of Mental Health or operated in partnership with the Department of Mental Health that provides a short-term residential program, offering psychiatric stabilization services and brief, intensive crisis services to individuals eighteen and older, twenty-four hours a day, seven days a week."

Exemptions from Certificate of Need review

SECTION    2.    Section 44-7-170(A) of the 1976 Code, as last amended by Act 278 of 2010, is further amended to read:

"(A)    The following are exempt from Certificate of Need review:

(1)    the acquisition by a person of medical equipment to be used solely for research, the offering of an institutional health service by a person solely for research, or the obligation of a capital expenditure by a person to be made solely for research if it does not:

(a)    affect the charges imposed by the person for the provision of medical or other patient care services other than the services that are included in the research;

(b)    change the bed capacity of a health care facility; or

(c)    substantially change the medical or other patient care services provided by the person.

A written description of the proposed research project must be submitted to the department in order for the department to determine if these conditions are met. A Certificate of Need is required in order to continue use of the equipment or service after the equipment or service is no longer being used solely for research;

(2)    the offices of a licensed private practitioner whether for individual or group practice except as provided for in Section 44-7-160(1) and (6);

(3)    the replacement of like equipment for which a Certificate of Need has been issued which does not constitute a material change in service or a new service;

(4)    crisis stabilization unit facilities. Notwithstanding subsection (C), crisis stabilization unit facilities will not require a written exemption from the department."

Licensure requirements for health facilities

SECTION    3.    Section 44-7-260(A) of the 1976 Code, as last amended by Act 47 of 2011, is further amended to read:

"(A)    If they provide care for two or more unrelated persons, the following facilities or services may not be established, operated, or maintained in this State without first obtaining a license in the manner provided by this article and regulations promulgated by the department:

(1)    hospitals, including general and specialized hospitals;

(2)    nursing homes;

(3)    residential treatment facilities for children and adolescents;

(4)    ambulatory surgical facilities;

(5) crisis stabilization unit facilities;

(6)    community residential care facilities;

(7)    facilities for chemically dependent or addicted persons;

(8)    end-stage renal dialysis units;

(9)    day care facilities for adults;

(10)    any other facility operating for the diagnosis, treatment, or care of persons suffering from illness, injury, or other infirmity and for which the department has adopted standards of operation by regulation;

(11)    intermediate care facilities for persons with intellectual disability;

(12)    freestanding or mobile technology;

(13)    facilities wherein abortions are performed;

(14)    birthing centers."

Time effective

SECTION    4.    This act takes effect upon approval by the Governor.

Ratified the 19th day of April, 2017.

Approved the 24th day of April, 2017.

__________


This web page was last updated on May 4, 2017 at 3:04 PM