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

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.