Whereas, the 1993 South Carolina Health Plan of the Department of Health and Environmental Control limits the ability of some hospitals to offer local patients, purchasers, and physicians a comprehensive array of services by requiring comprehensive cardiac catheterization laboratories to be located in hospitals which provide open heart surgery while the plan only permits open heart surgery units at one hospital in Greenville, one hospital in Spartanburg, one hospital in Florence, two hospitals in Columbia, and four hospitals in the Charleston area; and
Whereas, the department recently waived concerns about unnecessary duplication of existing programs and negative impact upon existing programs in approving an open heart surgery program at a hospital in Myrtle Beach; and
Whereas, the General Assembly finds that to participate fully in the increased development of managed care and comprehensive community care networks in South Carolina, hospitals must be able to offer local patients, purchasers, and physicians a comprehensive array of inpatient and outpatient services; and
Whereas, the General Assembly further finds that it is important for the Department of Health and Environmental Control to balance efforts to avoid duplication of health care resources against the need to preserve health care providers close to communities they traditionally serve and improve access to health care for citizens in those communities, while always assuring high quality care. Now, therefore,
( ) SECTION 1. Section 44-7-170 of the 1976 Code, as last amended by Act 511 of 1992, is further amended by adding:
"(C) Notwithstanding the State Health Plan prepared by the department pursuant to Section 44-7-180, the department shall permit a hospital to maintain an open heart surgery unit if the hospital is at least forty miles from another hospital licensed by the department which has an existing open heart surgery unit.
Since there is a relationship between the number of open heart surgery procedures performed by an open heart surgery program's surgical team
Renumber sections to conform.
Amend title to conform.
Rep. CORNING raised the Point of Order that Amendment No. 17 was out of order as it was not germane in that it dealt with open heart surgery.
The SPEAKER sustained the Point of Order and ruled the amendment out of order.
Rep. RUDNICK proposed the following Amendment No. 18 (Doc Name L:\council\legis\amend\CYY\16025AC.94), which was ruled out of order.
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION . Section 44-7-170 of the 1976 Code is amended by adding at the end:
"(C) Notwithstanding the State Health Plan prepared by the department pursuant to Section 44-7-180, in an emergency the department shall permit a hospital to perform open heart surgery if the hospital is at least forty miles from another hospital licensed by the department which has an existing open heart surgery unit.
To allow emergency open heart surgery the department shall impose and the hospital shall comply with reasonable additional quality assurance standards as needed."/
Renumber sections to conform.
Amend title to conform.
Rep. CORNING raised the Point of Order that Amendment No. 18 was out of order as it was not germane in that it dealt with open heart surgery.
The SPEAKER sustained the Point of Order and ruled the amendment out of order.
Rep. RUDNICK spoke against the Bill.
Rep. CROMER spoke in favor of the Bill.
Rep. RUDNICK moved to recommit the Bill.
Those who voted in the affirmative are:
Askins Breeland Brown, J. Cobb-Hunter Hines Kennedy Keyserling Martin Moody-Lawrence Rudnick Shissias Spearman Whipper
Those who voted in the negative are:
Alexander, M.O. Allison Bailey, J. Baker Baxley Brown, H. Cato Chamblee Clyborne Cromer Davenport Delleney Gamble Gonzales Harrell Harrison Haskins Hodges Huff Hutson Inabinett Jaskwhich Keegan Kelley Kirsh Lanford Law Littlejohn Marchbanks McCraw Meacham Neilson Quinn Riser Robinson Scott Sheheen Simrill Smith, D. Smith, R. Stille Stoddard Stone Sturkie Townsend Trotter Tucker Vaughn Waldrop Walker Wells Wilder, D. Wilder, J. Wilkes Witherspoon Worley Wright
So, the House refused to recommit the Bill.
Rep. DELLENEY spoke in favor of the Bill.
The SPEAKER granted Rep. MEACHAM a leave of absence for the remainder of the day.
Rep. SPEARMAN spoke against the Bill.
Rep. J. WILDER spoke in favor of the Bill.
Rep. WILKES moved that the House do now adjourn.
Rep. KLAUBER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Askins Bailey, J. Baxley Harrelson Holt Houck Jennings Keyserling Kirsh Martin McAbee McCraw McElveen Moody-Lawrence Rudnick Sheheen Spearman Stille Tucker Waites Waldrop Wilder, D. Wilder, J. Wilkes
Those who voted in the negative are:
Alexander, T.C. Allison Anderson Bailey, G. Baker Breeland Brown, H. Brown, J. Byrd Cato Chamblee Clyborne Cobb-Hunter Corning Cromer Davenport Delleney Fair Fulmer Gamble Gonzales Govan Hallman Harrell Harrison Haskins Hines Huff Inabinett Keegan Kelley Kennedy Klauber Law Littlejohn Marchbanks McMahand Neal Neilson Quinn Richardson Riser Robinson Scott Shissias
Simrill Smith, D. Smith, R. Stoddard Stone Stuart Sturkie Townsend Trotter Vaughn Walker Wells Whipper White Wilkins Williams Witherspoon Wofford Wright
So, the House refused to adjourn.
Rep. KEYSERLING spoke against the Bill.
Rep. WAITES spoke in favor of the Bill.
Rep. WILKES spoke against the Bill.
Rep. J. BAILEY spoke in favor of the Bill.
Rep. HOLT requested that the Bill be read in its entirety.
The Reading Clerk read the Bill.
Rep. JENNINGS spoke against the Bill.
Rep. HARRELSON spoke in favor of the Bill.
Reps. MARTIN and ROGERS spoke against the Bill.
Rep. RUDNICK moved that the House do now adjourn.
Rep. KLAUBER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Askins Bailey, J. Harris, J. Harwell Hodges Holt Houck Keyserling McCraw McKay Rogers Rudnick Stoddard Waites Wilder, D. Wilder, J.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Allison Anderson Bailey, G. Baker Barber Beatty Boan Breeland Brown, H. Brown, J. Byrd Cato Chamblee Clyborne Cobb-Hunter Cooper Corning Cromer Davenport Delleney Fair Fulmer Gamble Gonzales Govan Hallman Harrell Harrelson Harrison Haskins Hines Hutson Inabinett Jaskwhich Jennings Keegan Kelley Kennedy Kirsh Klauber Koon Lanford Law Littlejohn Marchbanks Mattos McMahand Moody-Lawrence Neal Neilson Quinn Richardson Riser Robinson Scott Sharpe Sheheen Shissias Simrill Smith, D. Snow Spearman Stille Stuart Sturkie Townsend Trotter Tucker Vaughn Waldrop Walker Wells Whipper White Wilkins Williams Witherspoon Wofford Worley Wright Young, A.
So, the House refused to adjourn.
Rep. HODGES moved to commit the Bill to the Committee on Ways and Means.
Rep. WALKER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Askins Breeland Brown, J. Byrd Cobb-Hunter Hodges Holt Keyserling Moody-Lawrence Neal Rudnick Scott Shissias Stoddard Whipper White Wilder, J.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Allison Anderson Bailey, G. Bailey, J. Baker Barber Boan Brown, H. Cato Chamblee Clyborne Cooper Corning Cromer Davenport Delleney Fair Fulmer Gamble Gonzales Govan Hallman Harrelson Harris, J. Harrison Harwell Haskins Hines Hutson Inabinett Jaskwhich Keegan Kelley Kennedy Kirsh Klauber Koon Lanford Law Littlejohn Marchbanks Mattos McCraw McKay McMahand Neilson Quinn Richardson Riser Robinson Sharpe Sheheen Simrill Smith, D. Smith, R. Spearman Stille Stuart Sturkie Townsend Trotter Tucker Vaughn Waites Waldrop Walker Wells Wilder, D. Wilkes Wilkins Williams Witherspoon Wofford Wright Young, A. Young, R.
So, the House refused to commit the Bill.
Rep. CORNING demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Brown, J. Byrd Cobb-Hunter Hines Holt Moody-Lawrence Rudnick Whipper White Williams
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Allison Anderson Bailey, G. Bailey, J. Baker Barber Boan Brown, H. Cato Chamblee Clyborne Cooper Corning Cromer Davenport Delleney Fair Fulmer Gamble Gonzales Govan Hallman Harrell Harrelson Harris, J. Harrison Harwell Haskins Hodges Hutson Inabinett Jaskwhich Jennings Keegan Kelley Kennedy Kirsh Klauber Koon Lanford Law Littlejohn Marchbanks Martin Mattos McCraw McElveen McMahand Neal Neilson Quinn Richardson Riser Robinson Scott Sheheen Simrill Smith, D. Smith, R. Spearman Stille Stone Stuart Sturkie Townsend Trotter Tucker Vaughn Waites Waldrop Walker Wells Wilder, D. Wilder, J. Wilkes Wilkins
Witherspoon Wofford Worley Wright Young, A.
So, the House refused to table the Bill.
The question then recurred to the passage of the Bill, as amended, on second reading.
Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Allison Anderson Bailey, G. Bailey, J. Baker Barber Boan Brown, H. Cato Chamblee Clyborne Cooper Cromer Davenport Delleney Fair Fulmer Gamble Gonzales Govan Hallman Harrell Harrelson Harris, J. Harrison Harwell Haskins Hines Hodges Holt Houck Hutson Inabinett Jaskwhich Jennings Keegan Kelley Kennedy Kirsh Klauber Koon Lanford Law Littlejohn Marchbanks Martin Mattos McAbee McCraw McElveen McKay McMahand Moody-Lawrence Neilson Quinn Richardson Riser Robinson Scott Sheheen Simrill Smith, D. Smith, R. Snow Spearman Stille Stoddard Stone Stuart Sturkie Townsend Trotter Tucker Vaughn Waites Waldrop Walker Wells Wilder, D.
Wilder, J. Wilkes Wilkins Witherspoon Wofford Worley Wright Young, A. Young, R.
Those who voted in the negative are:
Askins Breeland Brown, J. Byrd Cobb-Hunter Keyserling Neal Rudnick Whipper White Williams
So, the Bill, as amended, was read the second time and ordered to third reading.
Rep. Shissias (Present) Nay
Rep. Meacham (Absent) Aye
Rep. HASKINS moved that under Rule 8.11, that the House proceed to the Motion Period.
The SPEAKER stated that the motion was out of order.
Rep. HASKINS: "The Motion Period is a matter in the orders of the day not regularly reached. The motion period has not been reached since February 24. Mr. Speaker, what else would that mean, Rule 8.11, that we may make a motion to take up any matters in the orders of the day not regularly reached."
SPEAKER SHEHEEN: "I don't know what that means. Nobody has ever made that motion since I've been here. I can only tell you that the Chair has never entertained a motion to take up anything out of order on the Calendar other than by Special Order of the Rules Committee which sometimes comes too frequently."
Rep. HASKINS: "But, Mr. Speaker, a precedent wouldn't override the stated rule."
SPEAKER SHEHEEN: "Well, I'm telling you that you can't make that motion and I overrule."