H*4093 Session 109 (1991-1992)
H*4093(Rat #0587, Act #0474 of 1992) General Bill, By P.B. Harris, Neilson and
D.C. Waldrop
A Bill to amend Section 44-81-40, Code of Laws of South Carolina, 1976,
relating to the rights of residents in long-term care facilities, so as to
include the right to be informed of the facility's refund policy which a
facility must adopt, to choose a personal physician and rights associated with
treatment and care, to provide an exception to the thirty-day transfer notice
requirement, and to provide for family access to the resident and the right of
family to meet with other families at such facilities.
01/14/92 House Introduced and read first time HJ-179
01/14/92 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-179
03/04/92 House Committee report: Favorable Medical, Military,
Public and Municipal Affairs HJ-6
03/19/92 House Debate adjourned until Tuesday, March 24, 1992 HJ-2
03/24/92 House Debate adjourned until Tuesday, March 31, 1992 HJ-2
03/31/92 House Amended HJ-49
03/31/92 House Read second time HJ-50
04/01/92 House Debate adjourned until Thursday, April 2, 1992 HJ-1
04/02/92 House Read third time and sent to Senate HJ-9
04/06/92 Senate Introduced and read first time SJ-8
04/06/92 Senate Referred to Committee on Medical Affairs SJ-8
04/28/92 Senate Committee report: Favorable with amendment
Medical Affairs SJ-34
04/30/92 Senate Amended SJ-79
04/30/92 Senate Read second time SJ-79
04/30/92 Senate Ordered to third reading with notice of
amendments SJ-79
05/12/92 Senate Read third time and returned to House with
amendments SJ-15
05/14/92 House Debate adjourned on Senate amendments until
Tuesday, May 19, 1992 HJ-315
05/19/92 House Debate adjourned on Senate amendments until
Wednesday, May 20, 1992 HJ-64
05/21/92 House Debate adjourned on Senate amendments until
Tuesday, May 26, 1992 HJ-61
06/02/92 House Non-concurrence in Senate amendment HJ-62
06/02/92 Senate Receded from amendments
06/03/92 House Ordered enrolled for ratification HJ-10
06/04/92 Ratified R 587
06/23/92 Signed By Governor
06/23/92 Effective date 06/23/92
06/23/92 Act No. 474
07/09/92 Copies available
(A474, R587, H4093)
AN ACT TO AMEND SECTION 44-81-40, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE
RIGHTS OF RESIDENTS IN LONG-TERM CARE
FACILITIES, SO AS TO INCLUDE THE RIGHT TO BE
INFORMED OF THE FACILITY'S REFUND POLICY WHICH
A FACILITY MUST ADOPT, TO CHOOSE A PERSONAL
PHYSICIAN AND RIGHTS ASSOCIATED WITH
TREATMENT AND CARE, TO PROVIDE AN EXCEPTION
TO THE THIRTY-DAY TRANSFER NOTICE
REQUIREMENT, AND TO PROVIDE FOR FAMILY ACCESS
TO THE RESIDENT AND THE RIGHT OF FAMILY TO MEET
WITH OTHER FAMILIES AT SUCH FACILITIES.
Be it enacted by the General Assembly of the State of South
Carolina:
Patients' rights
SECTION 1. Section 44-81-40 of the 1976 Code is amended to
read:
"Section 44-81-40. (A) Each resident or the resident's
representative must be given by the facility a written and oral
explanation of the rights, grievance procedures, and enforcement
provisions of this chapter before or at the time of admission to a
long-term care facility. Written acknowledgment of the receipt of
the explanation by the resident or the resident's representative
must be made a part of the resident's file. Each facility must have
posted written notices of the residents' rights in conspicuous
locations in the facility. The written notices must be approved by
the department. The notices must be in a type and a format which
is easily readable by residents and must describe residents' rights,
grievance procedures, and the enforcement provisions provided by
this chapter.
(B) Each resident and the resident's representative must be
informed in writing, before or at the time of admission, of:
(1) available services and of related charges, including all
charges not covered under federal or state programs, by other
third party payers, or by the facility's basic per diem rate;
(2) the facility's refund policy which must be adopted by
each facility and which must be based upon the actual number of
days a resident was in the facility and any reasonable number of
bed-hold days.
Each resident and the resident's representative must be
informed in writing of any subsequent change in services,
charges, or refund policy.
(C) Each resident or the resident's legal guardian has the right
to:
(1) choose a personal attending physician;
(2) participate in planning care and treatment or changes in
care and treatment;
(3) be fully informed in advance about changes in care and
treatment that may affect the resident's well-being;
(4) receive from the resident's physician a complete and
current description of the resident's diagnosis and prognosis in
terms that the resident is able to understand;
(5) refuse to participate in experimental research.
(D) A resident may be transferred or discharged only for
medical reasons, for the welfare of the resident or for the welfare
of other residents of the facility, or for nonpayment and must be
given written notice of not less than thirty days, except that when
the health, safety, or welfare of other residents of the facility
would be endangered by the thirty-day notice requirement, the
time for giving notice must be that which is practicable under the
circumstances. Each resident must be given written notice before
the resident's room or roommate in the facility is changed.
(E) Each resident or the resident's representative may manage
the resident's personal finances unless the facility has been
delegated in writing to carry out this responsibility, in which case
the resident must be given a quarterly report of the resident's
account.
(F) Each resident must be free from mental and physical abuse
and free from chemical and physical restraints except those
restraints ordered by a physician.
(G) Each resident must be assured security in storing personal
possessions and confidential treatment of the resident's personal
and medical records and may approve or refuse their release to
any individual outside the facility, except in the case of a transfer
to another health care institution or as required by law or a third
party payment contract.
(H) Each resident must be treated with respect and dignity and
assured privacy during treatment and when receiving personal
care.
(I) Each resident must be assured that no resident will be
required to perform services for the facility that are not for
therapeutic purposes as identified in the plan of care for the
resident.
(J) The legal guardian, family members, and other relatives of
each resident must be allowed immediate access to that resident,
subject to the resident's right to deny access or withdraw consent
to access at any time. Each resident without unreasonable delay or
restrictions must be allowed to associate and communicate
privately with persons of the resident's choice and must be assured
freedom and privacy in sending and receiving mail. The legal
guardian, family members, and other relatives of each resident
must be allowed to meet in the facility with the legal guardian,
family members, and other relatives of other residents to discuss
matters related to the facility, so long as the meeting does not
disrupt resident care or safety.
(K) Each resident may meet with and participate in activities
of social, religious, and community groups at the resident's
discretion unless medically contraindicated by written medical
order.
(L) Each resident must be able to keep and use personal
clothing and possessions as space permits unless it infringes on
another resident's rights.
(M) Each resident must be assured privacy for visits of a
conjugal nature.
(N) Married residents must be permitted to share a room
unless medically contraindicated by the attending physician in the
medical record."
Time effective
SECTION 2. This act takes effect upon approval by the
Governor.
Approved the 23rd day of June, 1992. |