H*4639 Session 109 (1991-1992)
H*4639(Rat #0613, Act #0511 of 1992) General Bill, By J. Rama, R.L. Altman,
J.G. Felder, P.B. Harris, W.S. Houck, S.G. Manly, J.W. Tucker and J.M. White
A Bill to Title 44, Code of Laws of South Carolina, 1976, relating to health,
by adding Section 44-7-265 so as to require the Department of Health and
Environmental Control to promulgate regulations regarding freestanding or
mobile technology; to amend Section 37-6-604, as amended, relating to the
functions and duties of the Division of Consumer Advocacy, so as to include
providing legal representation of consumer interest concerning certificates of
need; to amend Section 44-7-120, as amended, relating to the purpose of the
Certificate of Need and Health Licensure Act, so as to change references from
the State Medical Facilities Plan to the State Health Plan; to amend Section
44-7-130, as amended, relating to definitions, so as to revise the definition
of "affected person", "health care facility", "health service" and
"freestanding or mobile technology", and to add the definition of "like
equipment with similar capabilities"; to amend Section 44-7-160, as amended,
relating to circumstances requiring certificate of need, so as to delete
provisions relating to acquisition of medical equipment owned by or located in
a health care facility; to amend Section 44-7-170, as amended, relating to
transactions and institutions exempt from the Article, so as to delete
provisions relating to the initiation of services through contractual
arrangements for shared mobile diagnostic and therapeutic devices; to amend
Section 44-7-180, as amended, relating to the State Medical Facilities Plan,
so as to change this Plan to the State Health Plan, to provide for a Health
Planning Committee, its members and terms, and to provide that the committee
shall advise in the preparation of the Plan, to revise the content, approval,
and revision procedures for the Plan, and to establish fees for operation of
the Certificate of Need Program; to amend Section 44-7-200, as amended,
relating to Certificate of Need applications, so as to prohibit certain
Department personnel from communicating with other persons about pending
applications; to amend Section 44-7-210, as amended, relating to procedures
following completion of a Certificate of Need application so as to provide for
project review criteria and procedures; to amend Section 44-7-230, as amended,
relating to the nontransferability of Certificate of Need, so as to require
project reports and inspections to assure compliance and to extend a
Certificate of Need from six months to one year on major hospital construction
projects; to amend Section 44-7-240, as amended, relating to a state
construction program, so as to change the reference from State Facilities Plan
to State Health Plan; to provide for Certificate of Need exemptions for
medical equipment under certain conditions; to require Department of Health
and Environmental Control to evaluate the adequacy of heart surgery and heart
catheterization units in the State; to provide for staggered terms for members
appointed to the Health Planning Committee; and to amend Section 44-7-260, as
amended, relating to facilities and services requiring licensure, so as to
include freestanding or mobile technology.-amended title
03/31/92 House Introduced and read first time HJ-39
03/31/92 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-40
04/15/92 House Committee report: Favorable with amendment
Medical, Military, Public and Municipal Affairs HJ-9
04/29/92 House Amended HJ-291
04/29/92 House Read second time HJ-295
04/30/92 House Read third time and sent to Senate HJ-20
05/05/92 Senate Introduced, read first time, placed on calendar
without reference SJ-8
05/07/92 Senate Read second time SJ-61
05/07/92 Senate Ordered to third reading with notice of
amendments SJ-61
05/19/92 Senate Amended SJ-25
05/19/92 Senate Read third time and returned to House with
amendments SJ-26
05/21/92 House Concurred in Senate amendment and enrolled HJ-66
06/04/92 Ratified R 613
07/10/92 Signed By Governor
07/10/92 Effective date 07/10/92
07/10/92 Act No. 511
07/28/92 Copies available
(A511, R613, H4639)
AN ACT TO AMEND TITLE 44, CODE OF LAWS OF
SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY
ADDING SECTION 44-7-265 SO AS TO REQUIRE THE
DEPARTMENT OF HEALTH AND ENVIRONMENTAL
CONTROL TO PROMULGATE REGULATIONS
REGARDING FREESTANDING OR MOBILE
TECHNOLOGY; TO AMEND SECTION 37-6-604, AS
AMENDED, RELATING TO THE FUNCTIONS AND DUTIES
OF THE DIVISION OF CONSUMER ADVOCACY, SO AS TO
INCLUDE PROVIDING LEGAL REPRESENTATION OF
CONSUMER INTEREST CONCERNING CERTIFICATES OF
NEED; TO AMEND SECTION 44-7-120, AS AMENDED,
RELATING TO THE PURPOSE OF THE CERTIFICATE OF
NEED AND HEALTH LICENSURE ACT, SO AS TO CHANGE
REFERENCES FROM THE STATE MEDICAL FACILITIES
PLAN TO THE STATE HEALTH PLAN; TO AMEND
SECTION 44-7-130, AS AMENDED, RELATING TO
DEFINITIONS, SO AS TO REVISE THE DEFINITION OF
"AFFECTED PERSON", "HEALTH CARE
FACILITY", "HEALTH SERVICE" AND
"FREESTANDING OR MOBILE TECHNOLOGY",
AND TO ADD THE DEFINITION OF "LIKE
EQUIPMENT WITH SIMILAR CAPABILITIES"; TO
AMEND SECTION 44-7-160, AS AMENDED, RELATING TO
CIRCUMSTANCES REQUIRING CERTIFICATE OF NEED,
SO AS TO DELETE PROVISIONS RELATING TO
ACQUISITION OF MEDICAL EQUIPMENT OWNED BY OR
LOCATED IN A HEALTH CARE FACILITY; TO AMEND
SECTION 44-7-170, AS AMENDED, RELATING TO
TRANSACTIONS AND INSTITUTIONS EXEMPT FROM THE
ARTICLE, SO AS TO DELETE PROVISIONS RELATING TO
THE INITIATION OF SERVICES THROUGH
CONTRACTUAL ARRANGEMENTS FOR SHARED MOBILE
DIAGNOSTIC AND THERAPEUTIC DEVICES; TO AMEND
SECTION 44-7-180, AS AMENDED, RELATING TO THE
STATE MEDICAL FACILITIES PLAN, SO AS TO CHANGE
THIS PLAN TO THE STATE HEALTH PLAN, TO PROVIDE
FOR A HEALTH PLANNING COMMITTEE, ITS MEMBERS
AND TERMS, AND TO PROVIDE THAT THE COMMITTEE
SHALL ADVISE IN THE PREPARATION OF THE PLAN, TO
REVISE THE CONTENT, APPROVAL, AND REVISION
PROCEDURES FOR THE PLAN, AND TO ESTABLISH FEES
FOR OPERATION OF THE CERTIFICATE OF NEED
PROGRAM; TO AMEND SECTION 44-7-200, AS AMENDED,
RELATING TO CERTIFICATE OF NEED APPLICATIONS,
SO AS TO PROHIBIT CERTAIN DEPARTMENT
PERSONNEL FROM COMMUNICATING WITH OTHER
PERSONS ABOUT PENDING APPLICATIONS; TO AMEND
SECTION 44-7-210, AS AMENDED, RELATING TO
PROCEDURES FOLLOWING COMPLETION OF A
CERTIFICATE OF NEED APPLICATION, SO AS TO
PROVIDE FOR PROJECT REVIEW CRITERIA AND
PROCEDURES; TO AMEND SECTION 44-7-230, AS
AMENDED, RELATING TO THE NONTRANSFERABILITY
OF CERTIFICATE OF NEED, SO AS TO REQUIRE PROJECT
REPORTS AND INSPECTIONS TO ASSURE COMPLIANCE
AND TO EXTEND A CERTIFICATE OF NEED FROM SIX
MONTHS TO ONE YEAR ON MAJOR HOSPITAL
CONSTRUCTION PROJECTS; TO AMEND SECTION
44-7-240, AS AMENDED, RELATING TO A STATE
CONSTRUCTION PROGRAM, SO AS TO CHANGE THE
REFERENCE FROM STATE FACILITIES PLAN TO STATE
HEALTH PLAN; TO PROVIDE FOR CERTIFICATE OF NEED
EXEMPTIONS FOR MEDICAL EQUIPMENT UNDER
CERTAIN CONDITIONS; TO REQUIRE THE DEPARTMENT
OF HEALTH AND ENVIRONMENTAL CONTROL TO
EVALUATE THE ADEQUACY OF HEART SURGERY AND
HEART CATHETERIZATION UNITS IN THE STATE; TO
PROVIDE FOR STAGGERED TERMS FOR MEMBERS
APPOINTED TO THE HEALTH PLANNING COMMITTEE;
AND TO AMEND SECTION 44-7-260, AS AMENDED,
RELATING TO FACILITIES AND SERVICES REQUIRING
LICENSURE, SO AS TO INCLUDE FREESTANDING OR
MOBILE TECHNOLOGY.
Be it enacted by the General Assembly of the State of South
Carolina:
Purpose
SECTION 1. Section 44-7-120 of the 1976 Code, as last amended
by Act 670 of 1988, is further amended to read:
"Section 44-7-120. The purpose of this article is to
promote cost containment, prevent unnecessary duplication of
health care facilities and services, guide the establishment of
health facilities and services which will best serve public needs,
and ensure that high quality services are provided in health
facilities in this State. To achieve these purposes, this article
requires:
(1) the issuance of a Certificate of Need before undertaking a
project prescribed by this article;
(2) adoption of procedures and criteria for submittal of an
application and appropriate review before issuance of a Certificate
of Need;
(3) preparation and publication of a State Health Plan;
(4) the licensure of facilities rendering medical, nursing, and
other health care."
Definitions
SECTION 2. Section 44-7-130(1) of the 1976 Code, as last
amended by Act 670 of 1988, is further amended to read:
"(1) `Affected person' means the applicant, a person
residing within the geographic area served or to be served by the
applicant, persons located in the health service area in which the
project is to be located and who provide similar services to the
proposed project, persons who before receipt by the department of
the proposal being reviewed have formally indicated an intention
to provide similar services in the future, persons who pay for
health services in the health service area in which the project is to
be located and who have notified the department of their interest
in Certificate of Need applications, the State Consumer Advocate,
and the State Ombudsman. Persons from another state who would
otherwise be considered `affected persons' are not included unless
that state provides for similar involvement of persons from South
Carolina in its certificate of need process."
Definitions
SECTION 3. Section 44-7-130(10) of the 1976 Code, as last
amended by Act 670 of 1988, is further amended to read:
"(10) `Health care facility' means acute care hospitals,
psychiatric hospitals, alcohol and substance abuse hospitals,
tuberculosis hospitals, nursing homes, kidney disease treatment
centers, including free-standing hemodialysis centers, ambulatory
surgical facilities, rehabilitation facilities, residential treatment
facilities for children and adolescents, habilitation centers for
mentally retarded persons or persons with related conditions, and
any other facility for which Certificate of Need review is required
by federal law."
Definitions
SECTION 4. Section 44-7-130(11) of the 1976 Code, as last
amended by Act 670 of 1988, is further amended to read:
"(11) `Health service' means clinically related,
diagnostic, treatment, or rehabilitative services and includes
alcohol, drug abuse, and mental health services for which specific
standards or criteria are prescribed in the State Health
Plan."
Definitions
SECTION 5. Section 44-7-130 of the 1976 Code, as last amended
by Part II, Section 64, Act 612 of 1990, is further amended by
adding an appropriately numbered item to read:
"( ) `Like equipment with similar capabilities' means
medical equipment which does not increase the potential volume
or type of procedures possible."
Certificate of need required under certain
circumstances
SECTION 6. Section 44-7-160 of the 1976 Code, as last amended
by Act 670 of 1988, is further amended to read:
"Section 44-7-160. A person or health care facility as
defined in this article is required to obtain a Certificate of Need
from the department before undertaking any of the following:
(1) the construction or other establishment of a new health care
facility;
(2) a change in the existing bed complement of a health care
facility through the addition of one or more beds or change in the
classification of licensure of one or more beds;
(3) an expenditure by or on behalf of a health care facility in
excess of an amount to be prescribed by regulation which, under
generally acceptable accounting principles consistently applied, is
considered a capital expenditure except those expenditures
exempted in Section 44-7-170(B)(1). The cost of any studies,
surveys, designs, plans, working drawings, specifications, and
other activities essential to the development, acquisition,
improvement, expansion, or replacement of any plant or
equipment must be included in determining if the expenditure
exceeds the prescribed amount;
(4) a capital expenditure by or on behalf of a health care
facility which is associated with the addition or substantial
expansion of a health service for which specific standards or
criteria are prescribed in the State Health Plan;
(5) the offering of a health service by or on behalf of a health
care facility which has not been offered by the facility in the
preceding twelve months and which has an annual operating cost
in excess of an amount to be prescribed by regulation and for
which specific standards or criteria are prescribed in the State
Health Plan;
(6) the acquisition of medical equipment which is to be used
for diagnosis or treatment if the total project cost is in excess of
that prescribed by regulation;
(7) the acquisition or change in ownership or in controlling
interest of a health care facility or entity owning a health care
facility directly or indirectly by purchase, lease, gift, donation,
sale of stock, or comparable arrangement if the acquisition or
change in ownership or controlling interest may result in an
increase in cost to the facility or increase in
government-sponsored reimbursement;
(8) the acquisition of an existing health care facility by a
person who has failed to notify the department and seeks an
exemption before entering into a contractual arrangement to
acquire an existing facility;
(9) an expenditure or financial obligation made in preparation
for the offering or developing of a project which requires
certification of need pursuant to this section if the expenditure or
financial obligation is in excess of an amount to be prescribed by
regulation."
Exemptions from article
SECTION 7. Section 44-7-170(B) of the 1976 Code, as last
amended by an act of 1992 bearing ratification number 361, is
further amended to read:
"(B) The Certificate of Need provisions of this article do
not apply to:
(1) an expenditure by or on behalf of a health care facility for
nonmedical projects for services such as refinancing existing debt,
parking garages, laundries, roof replacements, computer systems,
telephone systems, heating and air conditioning systems,
upgrading facilities which do not involve additional square feet or
additional health services, replacement of like equipment with
similar capabilities, or similar projects as described in regulations;
(2) facilities owned and operated by the State Department of
Mental Health and the South Carolina Department of Mental
Retardation, except an addition of one or more beds to the total
number of beds of the departments' health care facilities existing
on July 1, 1988;
(3) educational and penal institutions maintaining infirmaries
for the exclusive use of their respective student bodies and inmate
populations;
(4) any federal health care facility sponsored and operated by
this State;
(5) community-based housing designed to promote
independent living for persons with mental or physical
disabilities. This does not include a facility defined in this article
as a `health care facility'."
Health Planning Committee; State Health Plan; Certificate of
Need fees
SECTION 8. Section 44-7-180 of the 1976 Code, as last amended
by Act 670 of 1988, is further amended to read:
"Section 44-7-180. (A) There is created a health
planning committee comprised of fourteen members. The
Governor shall appoint twelve members, at least one member
from each congressional district. Each of the following groups
must be equally represented among the Governor's appointees:
health care consumers, health care financiers to include business
and insurance, and health care providers. The chairman of the
board shall appoint one member. The South Carolina Consumer
Advocate or the Consumer Advocate's designee is an ex officio
nonvoting member. Members are appointed for four-year terms,
may serve only two consecutive terms, and are allowed the usual
mileage and subsistence as provided for members of boards,
committees, and commissions.
(B) With the advice of the health planning committee, the
department shall prepare a State Health Plan for use in the
administration of the Certificate of Need Program provided in this
article. The plan at a minimum must include:
(1) an inventory of existing health care facilities, beds,
specified health services, and equipment;
(2) projections of need for additional health care facilities,
beds, health services, and equipment;
(3) standards for distribution of health care facilities, beds,
specified health services, and equipment including scope of
services to be provided, utilization, and occupancy rates, travel
time, regionalization, other factors relating to proper placement of
services, and proper planning of health care facilities; and
(4) a general statement as to the project review criteria
considered most important in evaluating certificate of need
applications for each type of facility, service, and equipment,
including a finding as to whether the benefits of improved
accessibility to each such type of facility, service, and equipment
may outweigh the adverse affects caused by the duplication of any
existing facility, service, or equipment.
The State Health Plan must address and include projections and
standards for specified health services and equipment which have
a potential to substantially impact health care cost and
accessibility. Nothing in this provision shall be construed as
requiring the department to approve any project which is
inconsistent with the State Health Plan.
(C) Upon approval by the health planning committee, the
State Health Plan must be submitted at least once every two years
to the board for final revision and adoption. Once adopted by the
board, the plan may later be revised through the same planning
and approval process. The department shall adopt by regulation a
procedure to allow public review and comment, including
regional public hearings, before adoption or revision of the
plan.
(D) The Department of Health and Environmental Control
may charge and collect fees to cover the cost of operating the
Certificate of Need program. Upon submission of a complete
Certificate of Need application, the applicant must pay a fee of
five hundred dollars plus five-tenths of one percent of the project
cost for review of the project, not to exceed seven thousand, five
hundred dollars; however, for an applicant whose review fee
would exceed seven thousand, five hundred dollars an additional
fee of seven thousand, five hundred dollars is imposed if the
applicant is awarded a Certificate of Need, which must be paid at
the time of the award. Fees paid pursuant to this subsection must
be deposited to the credit of the general fund of the
State."
Application for Certificate of Need
SECTION 9. Section 44-7-200 of the 1976 Code, as last amended
by Act 471 of 1990, is further amended to read:
"Section 44-7-200. (A) An application for a Certificate
of Need must be submitted to the department in a form established
by regulation. The application must address all applicable
standards and requirements set forth in departmental regulations,
Project Review Criteria of the department, and the State Health
Plan. The application must include the payment of a
nonrefundable initial application fee of five hundred dollars. The
department shall deduct this fee from the Certificate of Need
filing fee which is payable in accordance with departmental
regulations when the application is determined to be complete.
(B) Within twenty days before submission of an application,
the applicant shall publish notification that an application is to be
submitted to the department in a newspaper serving the area
where the project is to be located for three consecutive days. The
notification must contain a brief description of the scope and
nature of the project. No application may be accepted for filing
by the department unless accompanied by proof that publication
has been made for three consecutive days within the prior
twenty-day period and payment of the initial application fee has
been received.
(C) Upon publication of this notice and until a contested case
hearing is requested pursuant to Section 44-7-210:
(1) members of the board and persons appointed by the board
to hear appeals from department staff decisions may not
communicate directly or indirectly with any person in connection
with the application; and
(2) no person shall communicate, or cause another to
communicate, as to the merits of the application with members of
the board and persons appointed by the board to hear appeals from
department staff decisions.
A person who violates this subsection is subject to the penalties
provided in Section 1-23-360.
(D) After receipt of an application with proof of publication
and payment of the initial application fee, the department shall
publish in the State Register a notice that an application has been
accepted for filing. Within thirty days of acceptance of the
application, the department may request additional information as
may be necessary to complete the application. The applicant has
thirty days from the date of the request to submit the additional
information. If the applicant fails to submit the requested
information within the thirty-day period, the application is
considered withdrawn."
Certificate of Need project review process
SECTION 10. Section 44-7-210 of the 1976 Code, as last
amended by Act 471 of 1990, is further amended to read:
"Section 44-7-210. (A) After the department has
determined that an application is complete, affected persons must
be notified in accordance with departmental regulations. The
notification of affected persons begins the review period. During
the review process, the department shall determine the relative
importance of the project review criteria for this project and shall
notify the applicant of this determination. The applicant has thirty
days from the date of the receipt of this notice to submit any
additional information. The review period for a completed
application is sixty days from the date of notification of affected
persons, or up to sixty days from the date that applicants are
notified of the relative importance of project review criteria
provided for in this section, whichever is longer. One extension
of up to sixty days may be granted by the department in
accordance with departmental regulations with the exception of an
extension that is granted to comply with a request for a public
hearing.
(B) The department may hold a public hearing, if timely
requested, to gather information and obtain public comment and
opinion about the proposed project.
(C) The department may not issue a Certificate of Need unless
an application complies with the State Health Plan, Project
Review Criteria, and other regulations. Based on project review
criteria and other regulations, which must be identified by the
department, the department may refuse to issue a Certificate of
Need even if an application complies with the State Health Plan.
In the case of competing applications, the department shall award
a Certificate of Need, if appropriate, on the basis of which, if any,
most fully complies with the requirements, goals, and purposes of
this article and the State Health Plan, Project Review Criteria, and
the regulations adopted by the department.
(D) On the basis of staff review of the application, the staff of
the department shall make a proposed decision to grant or deny
the Certificate of Need. Notice of the proposed decision must be
sent to the applicant and affected persons who have asked to be
notified. The proposed decision becomes the final agency
decision within ten days after the receipt of a notice of the
proposed decision by the applicant unless:
(1) a reconsideration by the staff of the department is
requested in writing within the ten-day period by an affected
person showing good cause for reconsideration of the proposed
decision; or
(2) a contested case hearing before the board, or its designee,
regarding the grant or denial of the Certificate of Need is
requested in writing within the ten-day period by the applicant or
other affected person with standing to contest the grant or denial
of the application.
Reconsideration by the staff must occur within thirty days from
receipt of the request.
(E) The department's proposed decision is not final until the
completion of reconsideration or contested case proceedings. The
burden of proof in a reconsideration or contested case hearing
must be upon the moving party. The contested case hearing
before the board or its designee is conducted as a contested case
under the Administrative Procedures Act. The issues considered
at the contested case hearing are limited to those presented or
considered during the staff review and decision
process."
Certificate of Need, reports and project inspections
SECTION 11. Section 44-7-230(A) of the 1976 Code, as last
amended by Act 670 of 1988, is further amended to read:
"(A) The Certificate of Need, if issued, is valid only for
the project described in the application including location, beds
and services to be offered, physical plant, capital or operating
costs, or other factors as set forth in the application, except as may
be modified in accordance with regulations. The department shall
require periodic reports and make inspections to determine
compliance with the Certificate of Need. Implementation of the
project or operation of the facility or medical equipment that is
not in accordance with the Certificate of Need application or
conditions subsequently agreed to by the applicant and the
department may be considered a violation of this
article."
Certificate of Need length of validity
SECTION 12. Section 44-7-230(D) of the 1976 Code, as last
amended by Act 471 of 1990, is further amended to read:
"(D) A Certificate of Need is valid for six months from
the date of issuance except for projects involving construction or
replacement of, or major renovations or additions to, an acute care
hospital. For these projects the Certificate of Need is valid for
one year from the date of issuance. A Certificate of Need must be
issued with a timetable submitted by the applicant and approved
by the department to be followed for completion of the project.
The holder of the Certificate of Need shall submit periodic
progress reports on meeting the timetable as may be required by
the department. Failure to meet the timetable results in the
revocation of the Certificate of Need by the department unless the
department determines that extenuating circumstances beyond the
control of the holder of the Certificate of Need are the cause of the
delay. The department may grant two extensions of up to six
months each upon evidence that substantial progress has been
made in accordance with procedures set forth in regulations. The
board may grant further extensions of up to six months each only
if it determines that substantial progress has been made in
accordance with the procedures set forth in regulations."
Construction program
SECTION 13. Section 44-7-240 of the 1976 Code, as last
amended by Act 670 of 1988, is further amended to read:
"Section 44-7-240. The department may establish a
construction program providing for adequate facilities in this State
and, insofar as possible, shall provide for the distribution of
facilities and services throughout this State in such manner as to
make all types of health services reasonably accessible to all
persons in this State. The State Health Plan as required by this
article may be used for purposes of establishing the relative need
of projects for which applications are submitted under this
construction program. Submittal of applications and review and
approval of projects for which federal funds are requested must be
in accordance with regulations adopted by the department and
applicable federal act."
Special Certificate of Need exemption
SECTION 14. Medical equipment lawfully leased or purchased
before this act's effective date or an outpatient facility project,
including medical equipment, which was exempt from Certificate
of Need requirements before this act's effective date and which
exemption has been documented by the South Carolina
Department of Health and Environmental Control on or before
January 1, 1992, which involves expenditures in an amount in
excess of that prescribed by the department by regulation, is
exempt from the provisions of Section 44-7-160(6) as contained
in Section 6 of this act, provided that an application for an
exemption is made within six months of this act's effective date.
The application must be in the form required by the department
and must include current utilization data for the equipment.
Health planning committee; staggered terms
SECTION 15. Of the twelve members initially appointed by the
Governor to the health planning committee created by this act, six
members, to be designated by the Governor, are appointed for
two-year terms.
Definition
SECTION 16. Section 44-7-130 of the 1976 Code, as last
amended by Section 64, Part II, Act 612 of 1990, is further
amended by adding:
"(20) `Freestanding or mobile technology' means
medical equipment owned or operated by a person other than a
health care facility for which the total cost is in excess of that
prescribed by regulation and for which specific standards or
criteria are prescribed in the State Health Plan."
Facility or service required to be licensed
SECTION 17. Section 44-7-260(A) of the 1976 Code, as last
amended by Act 501 of 1990, is further amended by adding:
"(12) freestanding or mobile technology."
Freestanding or mobile technology regulations to be
promulgated
SECTION 18. The 1976 Code is amended by adding:
"Section 44-7-265. The department shall promulgate
regulations for licensing freestanding or mobile technology. At a
minimum, the regulations must include:
(1) standards for the maintenance and operation of freestanding
or mobile technology to ensure the safe and effective treatment of
persons served;
(2) a description of the professional qualifications necessary
for personnel to operate the equipment and interpret the test
results;
(3) minimum staffing requirements to ensure the safe operation
of the equipment and interpret the test results; and
(4) that all freestanding or mobile technology must be in
conformance with professional organizational
standards."
Functions, duties, Division of Consumer Advocacy
SECTION 19. Section 37-6-604(1) of the 1976 Code, as last
amended by Act 148 of 1989, is further amended to read:
"(1) To provide legal representation of the consumer
interest before the state and federal regulatory agencies which
undertake to fix rates or prices for consumer products or services
or to enact regulations or establish policies related thereto and to
provide legal representation of the consumer interest concerning
Certificates of Need for health facilities and services, as required
for an activity under Section 44-7-160, health care licensing
procedures, and other health related-matters."
Evaluate whether heart surgery and catheterization units are
serving their purpose
SECTION 20. Within five years of this act's effective date the
South Carolina Department of Health and Environmental Control
shall determine if each open heart surgery unit or heart
catheterization unit operating in a health care facility in this State
under a Certificate of Need issued pursuant to Chapter 7, Title 44
of the 1976 Code is adequately serving its purpose. This
determination must be based upon the number of procedures being
performed and the quality of the operation according to national
or statewide results, or both.
Effective date for certain provisions
SECTION 21. The amendments to Section 44-7-210 of the 1976
Code as contained in Section 10 of this act apply only to
Certificate of Need applications submitted after April 1, 1992.
Time effective
SECTION 22. This act takes effect upon approval by the
Governor.
Approved the 10th day of July, 1992. |