Reference is to Introduced Version.
Amend the bill, as and if amended, by striking all after the enacting language and inserting:
/SECTION 1. Chapter 71, Title 44 of the 1976 Code is amended to read:
Section 44-71-10.
This chapter may be cited as the 'Quality Hospice
Licensure Programs Act'.
Section 44-71-20. As
used in this chapter:
(1) 'Board' means the
South Carolina Board of Health and Environmental Control.
(2) 'Department' means
the South Carolina Department of Health and Environmental
Control.
(3) 'Hospice' means a
centrally administered, interdisciplinary health care
program. This program must provide, which
provides a continuum of medically supervised palliative and
supportive care for the terminally ill patient and the family
including, but not limited to, outpatient and inpatient services
provided directly or through written agreement. Inpatient
services include, but are not limited to, services provided by a
hospice in a licensed hospice facility.
Admission to a hospice program of care is based on the voluntary
request of the hospice patient alone or in conjunction with
designated family members.
(4) 'Hospice facility'
means an institution, place, or building in which a licensed
hospice provides room, board, and appropriate hospice services
on a twenty-four hour basis to individuals requiring hospice
care pursuant to the orders of a physician.
(5) 'Licensee' means
the individual, corporation, or public entity with whom rests
the ultimate responsibility for maintaining approved standards
for the hospice or hospice facility.
(6) 'Multiple
location' means a properly registered additional site, other
than the licensed primary office, from which a parent hospice
organization provides hospice services. 'Multiple location' does
not mean a 'work station' as defined in item (7).
(7) 'Work
station' means a site operated within the licensed service area
of a hospice solely for the convenience of the staff where they
may conduct activities including, but not limited to, completing
paperwork, checking messages, or storing equipment. These work
stations must not have signage with an address or operating
hours, must not be advertised, and must not be open to the
public for any reason, such as to distribute supplies or to
receive referrals.
(8) 'Parent
hospice organization' means a properly licensed hospice that, in
addition to its primary office, also provides hospice services
from a multiple location as defined in item (6).
Section 44-71-30.
(A) No person, private or
public organization, political subdivision, or other
governmental agency may establish, conduct, or maintain a
hospice or represent itself as a hospice without first obtaining
a license from the department.
(B)
This A license obtained
pursuant to this section is effective for a twelve-month
period following the date of issue and must prescribe by
county the geographic area authorized to be served.
(C) The
license must prescribe by county the geographic area authorized
to be served. A hospice must be licensed only to serve eligible
patients in the county in which the hospice's primary or sole
office is housed or counties that are contiguous to the county
in which the hospice's primary or sole office is housed. A
hospice that wishes to expand its licensed service area to
include additional counties authorized in this section must
first notify the department, in accordance with Section
44-71-40, and then receive approval from the department.
(D) A license
issued under this chapter is not assignable or transferable and
is subject to suspension or revocation at any time for failure
to comply with this chapter.
(E) The
department shall publish a current list of all licensed
hospices, including all registered multiple locations, on its
website and shall include a list of all counties served by the
licensed hospice and each multiple location.
Section 44-71-35.
(A) A parent hospice
organization, or any other hospice, may not establish, conduct,
or maintain a multiple location or represent itself as such
without first registering the multiple location with the
department and receiving approval of the registration from the
department. Upon approval by the department, a multiple location
must be listed on the license of the parent hospice
organization.
(B) A
registration may be filed at any time and is effective until the
expiration of the license of the parent hospice organization
that is in effect at the time of the initial approval of the
multiple location. The registration and approval of a multiple
location is effective for a period running coterminous with the
parent hospice organization's license, and, as such, the
registration and approval of a multiple location must be
reviewed by the department annually at the time of the parent
hospice organization's license renewal and as a part of that
process as prescribed by the department in regulation.
(C) The
registration of a multiple location must prescribe by county the
geographic area authorized to be served. A multiple location
must be approved only to serve eligible patients in the county
in which the multiple location is housed or counties that are
contiguous to the county in which the multiple location is
housed. A multiple location that wishes to expand its
service area to include additional counties authorized in this
section shall first notify the department, in accordance with
Section 44-71-40, and then receive approval from the department.
(D) A
multiple location approval granted pursuant to this chapter is
not assignable or transferable and is subject to suspension or
revocation at any time for failure to comply with this chapter.
Section 44-71-40.
(A) A person, private or
public organization, political subdivision, or other
governmental agency desiring to obtain a license must file
with the department an application on a form prescribed,
prepared, and furnished by the department.
(B) A parent
hospice organization, or any other hospice, desiring to obtain
approval for the registration of a multiple location shall file
with the department an application on a form prescribed,
prepared, and furnished by the department.
(C) A parent
hospice organization, or any other hospice, desiring to expand
its licensed service area to include additional counties
authorized in this chapter shall first file with the department
an application on a form prescribed, prepared, and furnished by
the department.
Section 44-71-50. The department is authorized to establish reasonable fees to be used in the administration of the program.
Section 44-71-60. The department shall promulgate regulations which define needs, services, and standards for the care, treatment, health, safety, welfare, and comfort of patients and their families served by hospices and for the maintenance and operation of hospices, including hospice facilities and multiple locations, which will promote safe and adequate care and treatment of the patients and their families.
Section 44-71-65. Notwithstanding any other provision of law, a hospice facility must comply with the regulations promulgated by the department pursuant to this chapter and is not subject to regulations pertaining to the licensure and regulation of nursing homes or community residential care facilities.
Section 44-71-70.
(A) The department is
authorized to issue, deny, suspend, or revoke licenses in
accordance with regulations promulgated pursuant to this
section. Such regulations must include hearing procedures
related to denial, suspension, or revocation of licenses.
(B) The
department shall approve a request of a properly filed
application for the expansion of a hospice's licensed service
area to include additional counties if additional requested
counties are contiguous to the county in which the hospice's
primary or sole office or properly registered multiple locations
are housed.
Section 44-71-75.
(A) The department shall
approve a registration for a multiple location for which a
parent hospice organization submits an application as long
as:
(1)
the parent hospice organization is properly
licensed, operating in accordance with all South Carolina laws
and regulations;
(2)
the multiple location will provide the full
scope of hospice services in all areas outlined in Section
44-71-30;
(3)
the multiple location will share administration,
supervision, and services with the parent hospice organization;
and
(4)
the multiple location will be included in the
quality improvement activities of the parent hospice
organization.
(B) The
department is authorized to deny, suspend, or revoke approvals
of multiple locations in accordance with regulations promulgated
pursuant to this section when there is evidence or reason to
believe that any of the requirements or conditions in subsection
(A) are not being met.
(C) The
department shall approve a request to expand the service area of
a multiple location to include additional counties only when the
additional counties requested in a properly filed application
are counties that are contiguous to the county in which the
multiple location is housed.
(D)
Regulations pertaining to the denial, suspension, or
revocation of approvals must include hearing procedures related
to denial, suspension, or revocation of licenses.
Section 44-71-80. Each hospice for which a license has been issued must be inspected by an authorized representative of the department at least once a year for the purpose of ensuring that the provisions of this chapter are being followed. Inspections of hospices that have multiple locations must be rotated annually among all locations to ensure the full provisions of this chapter are being followed.
Section 44-71-90. Hospices must not discriminate based on age, sex, race, color, religion, or source of payment, location of patient, acceptance or provision of goods and services to patients of potential patients.
Section 44-71-95. Nothing in this chapter may be construed to prohibit a health care facility from providing hospice services through contractual arrangements with a licensed hospice operation.
Section 44-71-100. Hospices may not participate in, or offer, or imply an offer to participate in the practice known generally as rebate, kickbacks, or fee-splitting arrangements.
Section 44-71-110. Any person who violates the provisions of this chapter is guilty of a misdemeanor and upon conviction shall be fined not to exceed five hundred dollars or imprisoned for a period not to exceed six months or both."
SECTION 2. This act takes effect twenty-four months after approval of the Governor, except that the provisions of Section 44-71-30(E) of this act take effect immediately upon the approval of the Governor. /
Renumber sections to conform.
Amend title to conform.