Bill 44

                    Current Status

Bill Number:               44
Ratification Number:       27
Act Number                 13
Introducing Body:          Senate
Subject:                   The licensure of hospice programs and to
                           provide a penalty

(A13, R27, S44)

AN ACT TO PROVIDE FOR THE LICENSURE OF HOSPICE PROGRAMS AND TO PROVIDE A PENALTY.

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

Act may be cited

SECTION 1. This act may be cited as the "Hospice Licensure Act".

Definitions

SECTION 2. As used in this act:

(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 a continuum of medically supervised palliative and supportive care for the terminally ill patient and the family, including but not limited to home, outpatient, and inpatient services provided directly or through written agreement.

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) "Licensee" means the individual, corporation, or public entity with whom rests the ultimate responsibility for maintaining approved standards for the hospice.

License required

SECTION 3. 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. This license is effective for a twelve-month period following the date of issue and must prescribe by county the geographic area authorized to be served. A license issued under this act is not assignable or transferable and is subject to suspension or revocation at any time for failure to comply with this act.

Application for license

SECTION 4. A person desiring to obtain a license must file with the department an application on a form prescribed, prepared, and furnished by the department.

Fees

SECTION 5. The department is authorized to establish reasonable fees to be used in the administration of the program.

Department shall promulgate regulations

SECTION 6. The department shall promulgate regulations which define 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 which will promote safe and adequate care and treatment of the patients and their families.

Department authorized to issue, etc., licenses

SECTION 7. 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.

Hospice may be inspected

SECTION 8. 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 act are being followed.

Hospice not to discriminate

SECTION 9. 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 or potential patients.

Prohibition

SECTION 10. 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.

Penalties

SECTION 11. Any person who violates the provisions of this act 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.

Time effective

SECTION 12. This act shall take effect upon approval by the Governor.