S*255 Session 110 (1993-1994)
S*0255(Rat #0196, Act #0159) General Bill, By Giese, Matthews and Reese
Similar(H 3086)
A Bill to amend Title 44, Chapter 38, Code of Laws of South Carolina, 1976,
relating to head and spinal cord injuries, so as to add Article 3 to create
the South Carolina Head and Spinal Cord Injury Service Delivery System to
develop, coordinate, and enhance delivery of services; to designate agency
responsibilities in the System; to establish an Advisory Council; to provide
eligibility criteria for receiving case management services; to provide that
this Article does not create an entitlement program; to provide for staggered
terms for initial appointees to the Council; to provide that implementation of
this system is contingent upon sufficient funding; and to designate Sections
44-38-10 through 44-38-90 as Article 1 of Chapter 38, Title 44, and to rename
Chapter 38 of Title 44.-amended title
01/20/93 Senate Introduced and read first time SJ-13
01/20/93 Senate Referred to Committee on Medical Affairs SJ-13
04/01/93 Senate Committee report: Favorable with amendment
Medical Affairs SJ-11
04/06/93 Senate Amended SJ-19
04/06/93 Senate Read second time SJ-19
04/07/93 Senate Read third time and sent to House SJ-31
04/13/93 House Introduced and read first time HJ-21
04/13/93 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-21
04/28/93 House Committee report: Favorable with amendment
Medical, Military, Public and Municipal Affairs HJ-10
05/06/93 House Debate adjourned until Tuesday, May 11, 1993 HJ-71
05/12/93 House Amended HJ-60
05/12/93 House Read second time HJ-65
05/13/93 House Read third time and returned to Senate with
amendments HJ-14
05/20/93 Senate Non-concurrence in House amendment SJ-33
05/25/93 House House insists upon amendment and conference
committee appointed Reps. J. Wilder, Wofford &
Neal HJ-4
05/27/93 Senate Conference committee appointed Sens. Matthews,
Giese, Reese SJ-5
06/01/93 House Conference report received and adopted HJ-116
06/01/93 Senate Conference report received and adopted SJ-74
06/01/93 Senate Ordered enrolled for ratification SJ-74
06/10/93 Ratified R 196
06/15/93 Signed By Governor
06/15/93 Effective date 06/15/93
08/10/93 Copies available
(A159, R196, S255)
AN ACT TO AMEND TITLE 44, CHAPTER 38, CODE OF LAWS
OF SOUTH CAROLINA, 1976, RELATING TO HEAD AND SPINAL
CORD INJURIES, SO AS TO ADD ARTICLE 3 TO CREATE THE
SOUTH CAROLINA HEAD AND SPINAL CORD INJURY SERVICE
DELIVERY SYSTEM TO DEVELOP, COORDINATE, AND ENHANCE
DELIVERY OF SERVICES; TO DESIGNATE AGENCY
RESPONSIBILITIES IN THE SYSTEM; TO ESTABLISH AN
ADVISORY COUNCIL; TO PROVIDE ELIGIBILITY CRITERIA FOR
RECEIVING CASE MANAGEMENT SERVICES; TO PROVIDE THAT
THIS ARTICLE DOES NOT CREATE AN ENTITLEMENT PROGRAM;
TO PROVIDE FOR STAGGERED TERMS FOR INITIAL APPOINTEES
TO THE COUNCIL; TO PROVIDE THAT IMPLEMENTATION OF
THIS SYSTEM IS CONTINGENT UPON SUFFICIENT FUNDING;
AND TO DESIGNATE SECTIONS 44-38-10 THROUGH 44-38-90 AS
ARTICLE 1 OF CHAPTER 38, TITLE 44, AND TO RENAME
CHAPTER 38 OF TITLE 44.
Be it enacted by the General Assembly of the State of South Carolina:
Head and Spinal Cord Injury Service Delivery System
established; functions; agency responsibilities; Advisory Council
created
SECTION 1. Title 44, Chapter 38 of the 1976 Code, as added by Act 457
of 1992, is amended by adding:
" Article 3
Head and Spinal Cord Injury
Service Delivery System
Section 44-38-310. There is established the South Carolina Head and
Spinal Cord Injury Service Delivery System to develop, coordinate, and
enhance the delivery of services to persons with head and spinal cord
injuries. Services provided pursuant to this article supplement and do not
supplant existing services or the development of new services.
Section 44-38-320. As used in this article :
(1) `System' means the South Carolina Head and Spinal Cord Injury
Service Delivery System as established in this article .
(2) `State Plan' means the plan developed by the State Department of
Mental Retardation pursuant to this article for a comprehensive system of
services for persons with head and spinal cord injuries.
Section 44-38-330.
The primary functions of the system are planning, intake and referral,
case management, and education and prevention. The State Department of
Mental Retardation is designated as the General Services Coordinator for
the system and shall perform the planning and education and prevention
functions of the system.
The University Affiliated Program of the University of South Carolina
shall perform the intake and referral functions; and the State Department of
Mental Retardation and the State Agency of the Department of Vocational
Rehabilitation shall perform the case management functions.
Section 44-38-340. As General Services Coordinator, the State
Department of Mental Retardation shall:
(1) develop a state plan for a comprehensive system of services for
persons with head and spinal cord injuries, including short-term and
long-term goals and objectives for implementing the plan;
(2) receive surveillance data from the South Carolina Head and Spinal
Cord Injury Information System to use in developing and revising the state
plan to meet the changing needs of this population;
(3) identify gaps in services for head and spinal cord injured persons
and spearhead development of those services needed for the comprehensive
system of service delivery;
(4) develop licensing, program, and contract guidelines to be used by
case managers in working with service delivery agencies;
(5) in conjunction with other state agencies, prepare, coordinate, and
advocate for state appropriations needed to fund and to develop services
needed to implement the state plan;
(6) seek funding from other sources, private and federal including, but
not limited to, medicaid waivers and expansion of the medicaid program, to
provide services outlined in the state plan;
(7) evaluate the state plan including, but not limited to, how well head
and spinal cord injured persons are identified, referred, and served by the
system and its impact on their quality of life, including reintegration and
productivity in the community;
(8) promote public awareness through programs relating to head and
spinal cord injury prevention, treatment, and rehabilitation;
(9) promote research on the causes, effects, prevention, treatment, and
rehabilitation of head and spinal cord injuries.
Section 44-38-350. The University Affiliated Program, in performing
the intake and referral functions of the service delivery system, shall:
(1) serve as the central and initial point for receiving referrals for case
management services from the South Carolina Head and Spinal Cord Injury
Information System and all other sources;
(2) determine a person's eligibility for case management services
based on criteria provided in Section 44-38-370, conduct a preliminary
assessment of services needed, and refer the person to the appropriate case
management agency pursuant to criteria developed by the University
Affiliated Program;
(3) develop policies and procedures to be used by the case managers
to assure, among other things, that a person with a head or spinal cord
injury receives equal access to available services and that case management
services maximize the person's self-determination and self-advocacy;
(4) develop training programs for case managers and other
professionals to prepare and assist them in working with persons with head
and spinal cord injuries;
(5) provide technical assistance and consultation to the General
Services Coordinator and other agencies providing services under this
article ;
(6) upon request provide consultation and technical assistance to an
agency and its clients who have been referred or who are receiving services
under this article if a complaint arises or if a problem develops which
interferes with the client receiving services.
Section 44-38-360. The State Agency of Vocational Rehabilitation and
the State Department of Mental Retardation, in carrying out the case
management function of the system shall:
(1) receive referrals from the University Affiliated Program and
develop, in conjunction with service providers, where appropriate, an
individualized treatment plan designed to meet the specific needs of that
person;
(2) coordinate the delivery of services and assure that services are
appropriate and delivered in a timely manner;
(3) seek funds for special services from federal, state, or private
sources, as appropriate, for services needed to carry out the individualized
treatment plan;
(4) advocate for persons with head and spinal cord injuries to assist
them in receiving equal access to services and services which promote
independence and productivity.
Section 44-38-370. A person is eligible for case management services
under this article when at the time of determining eligibility the person has
a severe chronic limitation that:
(1) is attributed to a physical impairment, including head injury, spinal
cord injury, or both, or a similar disability, regardless of the age of onset
but not associated with the process of a progressive degenerative illness or
disease, dementia, or a neurological disorder related to aging;
(2) is likely to continue indefinitely without intervention;
(3) results in substantial functional limitations in at least two of these
life activities:
(a) self-care;
(b) receptive and expressive communication;
(c) learning;
(d) mobility;
(e) self-direction;
(f) capacity for independent living;
(g) economic self-sufficiency; and
(4) reflects the person's need for a combination and sequence of special
interdisciplinary or generic care or treatment or other services which are of
lifelong or extended duration and are individually planned and
coordinated.
Section 44-38-380. (A) There is created an Advisory Council to the
South Carolina Head and Spinal Cord Service Delivery System composed
of:
(1) the following members or a designee, who shall serve ex
officio:
(a) Chairperson for the Joint Legislative Committee for the
Disabled;
(b) Commissioner of the State Department of Mental
Retardation;
(c) Commissioner of the State Agency for Vocational
Rehabilitation;
(d) Director of the University Affiliated Program of the University of
South Carolina;
(e) Director of the South Carolina Developmental Disabilities
Council;
(f) Director of Special Education of the State Department of
Education;
(g) Director of the Interagency Office of Disability Prevention;
(h) Executive Director of the Continuum of Care for Emotionally
Disturbed Children;
(i) Executive Director of the South Carolina Health and Human
Services Finance Commission;
(j) Commissioner of the State Department of Mental Health;
(k) Commissioner of the South Carolina Department of Health and
Environmental Control;
(l) Commissioner of the South Carolina Commission for the
Blind;
(2) the following members or a designee:
(a) President of the South Carolina Head Injury Association;
(b) President of the South Carolina Association of Independent Head
Injury Groups;
(c) President of the South Carolina Spinal Cord Injury
Association;
(d) Director of the South Carolina Disabilities Research
Commission;
(3) the following members to be appointed by the Governor for
four-year terms and until their successors are appointed and qualified:
(a) three health care providers knowledgeable in head injuries and
spinal cord injuries;
(b) three consumers of case management services or family members
or legal guardians of consumers of case management services.
(B) The Governor, with recommendation from the Chairperson of the
Joint Legislative Committee for the Disabled, shall appoint a primary or
secondary consumer of services of the system as chairperson of the council
for a two-year term; no person may serve more than one term as
chairperson.
(C) Members of the Advisory Council shall serve at no expense to the
State.
(D) The Advisory Council shall work with the State Department of
Mental Retardation, the State Agency of Vocational Rehabilitation, and the
University Affiliated Program of the University of South Carolina in
carrying out their responsibilities under this article . In working with these
agencies the council shall, but is not limited to:
(1) provide oversight for the implementation of the state plan and
operation of the system;
(2) review budget matters related to the system and the responsibilities
of the agencies within the system;
(3) monitor effectiveness of the state plan.
Section 44-38-390. Nothing contained in this article may be construed
to establish or authorize creation of an entitlement program or
benefit."
Staggered terms
SECTION 2. Of those members first appointed to the Advisory Council to
the State Head and Spinal Cord Service Delivery System pursuant to
Section 44-38-380(A)(3)(a) and (b), two of the health care providers and
two of the consumers or family members of consumers shall serve
four-year terms and one health care provider and one consumer or family
member of a consumer shall serve two-year terms.
Implementation contingent on funding
SECTION 3. Implementation of the South Carolina Head and Spinal Cord
Injury Service Delivery System as created in Section 1 of this act and
requirements under this act are contingent upon annual appropriations of
sufficient funding.
Code sections redesignated; references changed
SECTION 4. Sections 44-38-10 through 44-38-90 of the 1976 Code are
designated as Article 1 of Chapter 38, Title 44, and entitled "Head
and Spinal Cord Injury Information System" and all references to
"chapter" within these code sections must be changed to
" article". The title of Chapter 38, Title 44, is changed to
"Head and Spinal Cord Injuries".
Time effective
SECTION 5. This act takes effect upon approval by the Governor.
Approved the 15th day of June, 1993. |