Bill 253

                    Current Status

Bill Number:               253
Ratification Number:       247
Act Number                 174
Introducing Body:          Senate
Subject:                   Commission on Aging

(A174, R247, S253)

AN ACT TO AMEND CHAPTER 21 OF TITLE 43, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSION ON AGING, BY ADDING SECTIONS 43-21-130 AND 43-21-140 SO AS TO CREATE THE LONG-TERM CARE COUNCIL AND PROVIDE FOR ITS COMPOSITION, DUTIES, AND RESPONSIBILITIES.

Be it enacted by the General Assembly of the State of South Carolina:

Long-Term Care Council created

SECTION 1. Chapter 21 of Title 43 of the 1976 Code is amended by adding:

"Section 43-21-130. There is hereby created the Long-Term Care Council (council) composed of the following voting members:

(1) the Governor or his designee;

(2) the Commissioner of the Department of Social Services;

(3) the Commissioner of the Department of Health and Environmental Control;

(4) the Commissioner of the Department of Mental Health;

(5) the Commissioner of the Department of Mental Retardation;

(6) the Executive Director of the Commission on Aging;

(7) the Executive Director of the Health and Human Services Finance Commission.

The Chairman of the Joint Legislative Health Care Planning and Oversight Committee and the Chairman of the Joint Legislative Committee to Study Public and Private Services, Programs and Facilities for the Aging, or their designees, shall serve as nonvoting, ex-officio members of the council. One representative of long-term care providers, one representative of long-term care consumers, and one representative of the insurance industry who is developing or marketing a long-term care product must be appointed annually by the Governor to serve as nonvoting, ex officio members of the council. Members appointed by the Governor to represent private groups shall serve without compensation.

The council shall meet at least quarterly, provide for its own officers, and shall make an annual report to the General Assembly on or before January first of each year. This report must include any new council recommendations and a report on the implementation status of past council recommendations.

Section 43-21-140. The council has no authority to direct or require any implementing action from any member agency. The council shall identify future policy issues in long-term care and may conduct research and demonstration activities related to these issues. Through close coordination of each member agency's planning efforts, the council shall develop recommendations for a statewide service delivery system for all health-impaired elderly or disabled persons, regardless of the persons' resources or source of payment. These recommendations must be updated annually as needed. The service delivery system must provide for:

(1) charges based on ability to pay for persons not eligible for Medicaid;

(2) coordination of community services;

(3) access to and receipt of an appropriate mix of long-term care services for all health impaired elderly or disabled persons;

(4) case management; and

(5) discharge planning and services.

The council, through its member agencies, shall study and make recommendations concerning the costs and benefits of: adult day care centers, in-home and institutional respite care, adult foster homes, incentives for families to provide in-home care, such as cash assistance, tax credits or deductions, and home-delivered services to aid families caring for chronicallyimpaired elderly relatives."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.