S 1110 Session 109 (1991-1992)
S 1110 General Bill, By I.E. Lourie, Giese, Passailaigue and M.T. Rose
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.
12/02/91 Senate Prefiled
12/02/91 Senate Referred to Committee on Medical Affairs
01/14/92 Senate Introduced and read first time SJ-31
01/14/92 Senate Referred to Committee on Medical Affairs SJ-31
03/10/92 Senate Committee report: Favorable Medical Affairs SJ-9
03/11/92 Senate Read second time SJ-31
03/12/92 Senate Read third time and sent to House SJ-21
03/17/92 House Introduced and read first time HJ-12
03/17/92 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-12
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
March 10, 1992
S. 1110
Introduced by SENATORS Lourie, Giese, Passailaigue and Rose
S. Printed 3/10/92--S.
Read the first time January 14, 1992.
THE COMMITTEE ON MEDICAL AFFAIRS
To whom was referred a Bill (S. 1110), to amend Section 44-81-40,
Code of Laws of South Carolina, 1976, relating to the rights of residents
in long- term care facilities, etc., respectfully
REPORT:
That they have duly and carefully considered the same, and
recommend that the same do pass:
JAMES E. BRYAN, JR., for Committee.
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.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 44-81-40 of the 1976 Code is amended to read:
"Section 44-81-40. (A) Each resident or his 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 act 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 his the
resident's representative is must be made a part of
the resident's file. Each facility shall post 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 shall must
describe residents' rights, grievance procedures, and the enforcement
provisions provided by this act chapter.
(B) Each resident and his the resident's
representative must be informed in writing, prior to
before or at the time of admission, of:
(1) available services and of related charges, including
all charges not covered either under federal or state programs,
or 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 his the resident's representative
must be informed in writing of any subsequent change in services or
charges.
(C) Each resident or his the resident's legal
guardian shall 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 his the resident's
physician a complete and current description of his the
resident's diagnosis, plan for treatment, and prognosis in
terms which he that the resident is able to
understand. Each resident or his legal guardian has the
right to;
(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 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 notice before the resident's room or roommate in the
facility is changed.
(E) Each resident or his the resident's
representative may manage his 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 his 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 his 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
his 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 he no resident
will not 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 his 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.
(K) Each resident may meet with and participate in activities of
social, religious, and community groups at his 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
any other 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."
SECTION 2. This act takes effect upon approval by the Governor.
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