South Carolina General Assembly

General Appropriations Bill H. 4700 for the fiscal year beginning July 1, 1998

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24     SECTION 9 - J04 - HEALTH AND ENVIRONMENTAL  CONTROL, DEPARTMENT OF
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26         9.1.    (DHEC: County Health Departments Funding)  Out of the appropriation provided in this section for "Public Health Districts",
27     the sum of $25,000 shall be distributed to the county health departments by the Commissioner, with the approval of the Board of
28     Department of Health and Environmental Control, for the following purposes:
29             1.    To insure the provision of a reasonably adequate public health program in each county.
30             2.    To provide funds to combat special health problems that may exist in certain counties.
31             3.    To establish and maintain demonstration projects in improved public health methods in one or more counties in the promotion
32                    of better public health service throughout the State.
33             4.    To encourage and promote local participation in financial support of the county health departments.
34             5.    To meet emergency situations which may arise in local areas.
35             6.    To fit funds available to amounts budgeted when small differences occur.


SECTION 9 - J04 - HEALTH AND ENVIRONMENTAL CONTROL, DEPARTMENT OF PAGE 420 1 The provisions of this proviso shall not supersede or suspend the provisions of Section 13-7-30 of the 1976 Code. 2 9.2. (DHEC: County Special Projects) Counties may continue to fund special projects in conjunction with the County Health 3 Departments. Salaries for county special project employees, including merit increases and fringe benefits, shall be totally funded by the 4 county(s) involved. County special project employees shall not be under the state merit system or state compensation plan and they shall 5 receive their compensation directly from the county(s). 6 9.3. (DHEC: County Health Units) Federal funds made available to the Department of Health and Environmental Control for the 7 allocation to the counties of the State for operation of county health units be allotted on a basis approved by the Board of the Department 8 of Health and Environmental Control and the amount of State funds appropriated herein for "Public Health Districts", except for salary 9 increases, shall be allocated on a basis such that no county budget shall receive less than the amount received in the prior fiscal year. 10 9.4. (DHEC: Camp Burnt Gin) Private donations or contributions for capital improvements at Camp Burnt Gin shall be deposited 11 in a restricted account and carried forward until sufficient amounts are available for such improvements. Any expenditures from the 12 account must first be approved by the Budget and Control Board and the Joint Bond Review Committee. 13 9.5. (DHEC: Children's Rehabilitative Services) The Children's Rehabilitative Services shall be required to utilize any available 14 financial resources including insurance benefits and/or governmental assistance programs, to which the child may otherwise be entitled 15 in providing and/or arranging for medical care and related services to physically handicapped children eligible for such services, as a 16 prerequisite to the child receiving such services. 17 9.6. (DHEC: Cancer/Hemophilia) Notwithstanding any other provisions of this act, the funds appropriated herein for prevention, 18 detection and surveillance of cancer as well as providing for cancer treatment services $1,168,409 and the hemophilia assistance program, 19 $66,477 shall not be transferred to other programs within the agency and when instructed by the Budget and Control Board or the General 20 Assembly to reduce funds within the department by a certain percentage, the Department may not act unilaterally to reduce the funds for 21 any cancer treatment program and hemophilia assistance program provided for herein greater than such stipulated percentage. 22 9.7. (DHEC: Speech & Hearing) The Department of Health and Environmental Control shall utilize so much of the funds appropriated 23 in this section as may be necessary to continue the Speech and Hearing programs. 24 9.8. (DHEC: Local Health Departments) As of July 1, 1981, the counties of the state will be relieved of contribution requirements 25 for salary, fringe benefits and travel reimbursement to local health departments. The amount of $5,430,697 is appropriated for county 26 health department salaries, fringe benefits and travel. These funds and other state funds appropriated for county health units may, based 27 upon need, be utilized in either salary or travel categories. Each county shall provide all other operating expenses of the local health 28 department in an amount at least equal to that appropriated for operations for each county in Fiscal Year 1981. In the event any county 29 makes uniform reductions in appropriations to all agencies or departments for maintenance and operations, exclusive of salaries and fringe 30 benefits, a like reduction shall be made in funds appropriated for the operating expenses of the local health department. 31 9.9. (DHEC: Insurance Refunds) The Department of Health and Environmental Control is authorized to budget and expend monies 32 resulting from insurance refunds for prior year operations for case services in the following programs: Health Promotion, Preventive Health 33 Services, and Maternal and Child Care. 34 9.10. (DHEC: Emergency Medical Services) Funds appropriated herein for Emergency Medical Services, shall be allocated to the 35 Counties for the purpose of improving or upgrading the system, and shall be allocated to the EMS-Regional Councils for administration
SECTION 9 - J04 - HEALTH AND ENVIRONMENTAL CONTROL, DEPARTMENT OF PAGE 421 1 of training programs and technical assistance to the local EMS units and the funds shall be allocated by a ratio of 45 percent to the counties 2 and 55 percent to the EMS Regional Councils. The Department of Health and Environmental Control shall develop guidelines and 3 administer the system to make allocations within each region based on demonstrated need and local match. The $1 million increase 4 provided herein shall not require local match and local match shall not be a factor in determining the allocation. The $1 million increase 5 shall be allocated by a ratio of 81 percent to counties, 12 percent to EMS Regional Councils and 7 percent to the state EMS office. Funds 6 appropriated $1,955,195 to Emergency Medical Services shall not be transferred to other programs within the Department's budget. In 7 addition, when instructed by the Budget and Control Board or the General Assembly to reduce funds by a certain percentage, the 8 Department may not reduce the funds appropriated for EMS Regional Councils or Aid to Counties greater than such stipulated percentage. 9 9.11. (DHEC: Rape Crisis Centers) Of the amounts appropriated in Primary Care-Case Services, $651,107 shall be used for rape crisis 10 centers around the state. Distribution of funds shall be based on DHEC Rape Crisis services standards and expenditures monitored by 11 DHEC. 12 9.12. (DHEC: Sickle Cell Blood Sample Analysis) $16,000 is appropriated in Maternal and Child Care for the Sickle Cell Program 13 for Blood Sample Analysis and shall be used by the Department to analyze blood samples submitted by the four existing regional programs 14 - Region I, Barksdale Sickle Cell Anemia Foundation in Spartanburg; Region II, Clark Sickle Cell Anemia Foundation in Columbia; 15 Region III, Committee on Better Racial Assurance Hemoglobinopathy Program in Charleston; and the Orangeburg Area Sickle Cell 16 Anemia Foundation. 17 9.13. (DHEC: Sickle Cell Programs) $475,000 is appropriated for Sickle Cell program services, 47% is to be designated for the 18 Community Based and Newborn Screening Programs (Sickle Cell) and shall be apportioned as follows: 19 (1) 48% is to be divided equally between the existing Community Based Sickle Cell Programs located in Spartanburg and Columbia; 20 and 21 (2) 52% is for the Community Based Sickle Cell Program in Charleston. 22 The funds shall be used for providing prevention programs, educational programs, testing, counseling and newborn screening. The 23 balance of the total appropriation must be used for Sickle Cell Services operated by Children's Rehabilitative Services of DHEC. The funds 24 appropriated to the community based sickle cell centers shall be reduced to reflect any percent reduction assigned to the Department of 25 Health and Environmental Control by the Budget and Control Board; provided, however, that the Department may not act unilaterally to 26 reduce the funds for the Sickle Cell program greater than such stipulated percentage. The Department shall not be required to undertake 27 any treatment, medical management or health care follow-up for any person with sickle cell disease identified through any neonatal testing 28 program, beyond the level of services supported by funds now or subsequently appropriated for such services. No funds appropriated for 29 ongoing or newly established sickle cell services may be diverted to other budget categories within the DHEC budget. 30 9.14. (DHEC: Genetic Services) The sum of $222,390 appearing under the Maternal and Child Care Section of this Act shall be 31 appropriated to and administered by the Department of Health and Environmental Control for the purpose of providing appropriate genetic 32 services to medically needy and underserved persons. Such funds shall be used by the Department to administer the program and to 33 contract with appropriate providers of genetic services. Such services will include genetic screening, laboratory testing, counseling, and 34 other services as may be deemed beneficial by the Department, and these funds shall be divided equally among the three Regional Genetic 35 Centers of South Carolina, composed of units from the Medical University of South Carolina, the University of South Carolina School
SECTION 9 - J04 - HEALTH AND ENVIRONMENTAL CONTROL, DEPARTMENT OF PAGE 422 1 of Medicine, and the Greenwood Genetic Center. 2 9.15. (DHEC: Revenue Carry Forward Authorization) The Department of Health & Environmental Control is hereby authorized to 3 collect, expend and carry forward revenues in the following programs: Sale of Goods (confiscated goods, arm patches, etc.), sale of meals 4 at Camp Burnt Gin, sale of publications, brochures, photo copies and certificate forms, including but not limited to, pet rabies vaccination 5 certificate books, sale of listings and labels, sale of State Code and Supplements, sale of films and slides, sale of maps, sale of items to 6 be recycled, including used motor oil and batteries, etc., and collection of registration fees for non-DHEC employees. 7 9.16. (DHEC: Pharmacist Permits) The Department of Health and Environmental Control shall be exempted from the requirements 8 of Section 40-43-370 of the 1976 Code of Laws, as amended, as it relates to the requirement that a pharmacist employed by the Department 9 may supervise no more than two adjacent districts. The Department of Health and Environmental Control shall not be exempt from any 10 other provisions of Section 40-43-370. 11 9.17. (DHEC: Safe Drinking Water Act) In order to comply with the provisions of the federal Safe Drinking Water Act, the 12 Department is authorized to collect a fee from each public water system. The fee must be based upon the number of taps through which 13 the system provides water to its customers The fees collected must be returned to the department for the purposes of implementing the 14 Safe Drinking Water Act Regulatory Program including engineering plan review, compliance inspections, and enforcement; and for 15 providing technical assistance and monitoring and laboratory analytical services for the public water systems of the State. The fee shall 16 be as follows: 17 18 COMMUNITY AND NON-TRANSIENT NON-COMMUNITY 19 WATER SYSTEMS 20 21 Fee = Program Administration Component + Distribution Monitoring Component + Source Monitoring Component 22 23 Fee = $10.80 x (# Taps Up To 10) + $7.20 x (# Taps From 11 To 25) + $5.76 x ( # Taps From 26 To 50) + $4.32 x (# Taps From 51 24 To 100) + $2.88 x (# Taps From 101 To 500) + $2.16 x (# Taps From 501 To 1,000) + $1.44 x (# Taps From 1,001 To 5,000) 25 + $1.08 x (# Taps From 5,001 To 10,000) + $0.68 x (# Taps From 10,001 To 15,000) + $0.36 x (# Taps From 15,001 To 25,000) 26 + $0.23 x (# Taps From 25,001 To 50,000) + $0.14 x (# Taps From 50,001 To 100,000) + $0.09 x (# Taps Greater Than 100,000) 27 28 + $158 (Systems Serving Up To 100 Taps); Or, $450 (Systems Serving 101 To 1,000 Taps); Or, $2,250 (Systems Serving 1,001 29 To 15,000 Taps); Or, $4500 (Systems Serving Greater Than 15,000 Taps) 30 31 + [($225 x (#GW Sources)) + ($450 x (#SW Sources))] [Up To 25 Taps]; Or, [($360 x (#GW Sources)) + ($720 x (#SW 32 Sources))] [From 26 To 100 Taps]; Or, [($900 x (#GW Sources)) + ($1800 x (#SW Sources))] [Greater Than 100 Taps]; Or, 33 [Maximum $5,000]
SECTION 9 - J04 - HEALTH AND ENVIRONMENTAL CONTROL, DEPARTMENT OF PAGE 423 1 SYSTEM SIZE PROGRAM ADMINISTRATION 2 (NUMBER OF TAPS) (BASE AMOUNT + RATE PER TAP) 3 BASE RATE PER TAP 4 5 1 To 10 $0 $10.80 First 10 Taps 6 11 To 25 $108 $7.20 Taps 11 To 25 7 26 To 50 $216 $5.76 Taps 26 To 50 8 51 To 100 $360 $4.32 Taps 51 To 100 9 101 To 500 $576 $2.88 Taps 101 To 500 10 501 To 1,000 $1,728 $2.16 Taps 501 To 1,000 11 1,001 To 5,000 $2,808 $1.44 Taps 1,001 To 5,000 12 5,001 To 10,000 $8,568 $1.08 Taps 5,001 To 10,000 13 10,001 To 15,000 $13,968 $0.68 Taps 10,001 To 15,000 14 15,001 To 25,000 $17,343 $0.36 Taps 15,001 To 25,000 15 25,001 To 50,000 $20,943 $0.23 Taps 25,001 To 50,000 16 50,001 To 100,000 $26,568 $0.14 Taps 50,001 To 100,000 17 100,000 And Above $33,318 $0.09 Over 100,000 18 19 SYSTEM SIZE DISTRIBUTING SOURCE MONITORING 20 (NUMBER OF TAPS) MONITORING (RATE PER SOURCE) 21 (FIXED RATE) GROUNDWATER SURFACE WATER 22 23 1 To 10 $ 158 $225 $ 450 24 11 To 25 $ 158 $225 $ 450 25 26 To 50 $ 158 360 $ 720 26 51 To 100 $ 158 $360 $ 720 27 101 To 500 $ 450 $900 $1,800 28 501 To 1,000 $ 450 $900 $1,800 29 1,001 To 5,000 $2,250 $900 $1,800 30 5,001 To 10,000 $2,250 $900 $1,800 31 10,001 To 15,000 $2,250 $900 $1,800 32 15,001 To 25,000 $4,500 $900 $1,800 33 25,001 To 50,000 $4,500 $900 $1,800 34 50,001 To 100,000 $4,500 $900 $1,800 35 100,001 And Above $4,500 $900 $1,800
SECTION 9 - J04 - HEALTH AND ENVIRONMENTAL CONTROL, DEPARTMENT OF PAGE 424 1 OTHER PUBLIC WATER SYSTEMS 2 Transient Non-Community Systems: Fee = $225 3 Systems Serving More Than 1 Tap But Less 4 Than 15 Taps and Serving Less Than 25 People: Fee = $135 5 Systems Serving 1 Tap and Serving Less Than 6 25 People: Fee = $ 90 7 Vending Machines: Fee = $ 45 8 9 For the purposes of this fee schedule, tap is defined as a service connection, the point at which water is delivered to the consumer (building, 10 dwelling, commercial establishment, camping space, industry, etc.) from a distribution system, whether metered or not and regardless of 11 whether there is a user charge for consumption of the water. 12 The Department shall submit an annual report to the Senate Finance Committee, House Ways & Means Committee, South Carolina 13 Section American Water Works Association and the Municipal Association detailing activities funded from safe drinking water fees. The 14 report shall include the amount of fees collected from each waterworks and the listing of expenditures from those fees. The expenditures 15 shall be accompanied by a list of benefits the waterworks receive from the State as a result of the fees. In providing monitoring and 16 laboratory analytical services, DHEC will consider least cost alternatives including contracting with private laboratories when appropriate. 17 DHEC shall include all applicable direct and indirect costs in developing cost comparisons with private laboratories. 18 Penalties: 19 All fees remaining unpaid thirty (30) days after billing will be issued a late notice with no penalty due, however, it will contain 20 advisement of penalty for non-payment after sixty (60) days. Fees remaining unpaid after sixty days will be assessed a ten percent (10%) 21 penalty. Fees remaining unpaid at the end of ninety (90) days will be assessed a twenty-five percent (25%) penalty in addition to the sixty 22 day penalty. The sum of both penalties may not exceed five thousand dollars. Persons delinquent under this paragraph will be notified 23 by the Department by certified mail at their last known address. 24 All returned checks will be subject to a returned check fee as outlined in the DHEC Administrative Policy and Procedures Manual. 25 This penalty will be in addition to those outlined above. 26 No monitoring will be conducted on systems with fees unpaid at the end of ninety (90) days. 27 9.18. (DHEC: Medicaid Nursing Home Bed Days) Pursuant to Section 44-7-84(A) of the 1976 Code, the maximum number of 28 Medicaid patient days for which the Department of Health and Environmental Control is authorized to issue Medicaid nursing home 29 permits is 4,170,965. 30 9.19. (DHEC: Septic Tank & Retail Food Establishments Inspection Fees) The Department shall charge a septic tank inspection 31 fee of $60.00. This fee shall be paid prior to the evaluation of any site for which an application for a septic tank permit has been made. 32 The Department shall charge annual inspection fees for retail food establishments. Retail food establishments obtaining a permit for the 33 first time shall be charged an inspection fee of $60.00. These fees must be paid prior to the issuance of a permit. After the first year, 34 renewal inspection fees shall be based on gross sales of food and food products for the facility's previous business year as follows:
SECTION 9 - J04 - HEALTH AND ENVIRONMENTAL CONTROL, DEPARTMENT OF PAGE 425 1 Gross Sales Annual Fee 2 $299,999 or less $ 60.00 3 $300,000 to 2,999,999 $ 70.00 4 $3,000,000 or more $ 80.00 5 6 The Department shall revise the annual inspection fee schedule for food service establishments to provide for additional breakdowns. 7 Annual renewal fees shall be due thirty (30) days from the billing date. A penalty charge of $30.00 for all facilities shall be assessed 8 for inspection fees that are past due. A second penalty shall be assessed for inspection fees sixty (60) days past due. 9 Owners of retail food establishments shall furnish previous business year sales information on request of the Department. 10 The following retail food establishments shall be exempt from fee charges: 11 12 Retail food establishments that are operated by a public or private school (kindergarten through grade 12); or are operated by a child 13 care facility. 14 15 Retail food establishments operated by health care facilities that are regulated by the Department. 16 17 Retail food establishments that are operated by other state agencies or local governments that provide food for patients, clients or 18 inmates. 19 20 Retail food establishments that are operated by non-profit organizations for the purpose of providing meals or food to needy persons 21 at little or no cost; or for the purpose of raising money for a charitable purpose. 22 23 An entity claiming an exemption from fee charges may be required to submit annually to the Department written evidence that it meets 24 one or more of the above criteria. 25 9.20. (DHEC: Vital Records Fees) The Department of Health and Environmental Control shall revise fees for Vital Records. The 26 following fee schedule shall be implemented effective July 1, 1991 and the revenue generated shall be retained and expended by the agency 27 to offset the cost of operations of the Vital Records System. 28 29 Additional similar certifications of the same 30 record ordered at the same time. . . . . . . . . . . . . . . . . . . . . . . . $ 3.00 31 32 Expedited service (additional to other required fees) . . . . . . . . . . . . $ 5.00 33 34 Index Verification for Government Agencies . . . . . . . . . . . . . . . . . . $ 2.00 35 Fees collected at the county health departments for records searches, amendments of records, delayed birth registration and additional
SECTION 9 - J04 - HEALTH AND ENVIRONMENTAL CONTROL, DEPARTMENT OF PAGE 426 1 copies of the same record requested at the same time shall be distributed as follows: 50% to the county health department and 50% to Vital 2 Records Central Office. 3 9.21. (DHEC: Health Licensing Fee) Funds resulting from an increase in the Health Licensing Fee Schedule shall be retained by 4 the Department to fund increased responsibilities of the health licensing programs. 5 9.22. (DHEC: Controlled Substances Registration Fees) Provided, that the fees assessed for registration under Title 44, Chapter 6 53, Article 3 of the amended Code (the Controlled Substances Act) and set forth under Paragraph 103 of R61-4 of the amended Code shall 7 be increased as follows: 8 (1) The fees set in R61-4, Paragraph 103(a), (c), (d), (e), and (h) at $75.00 per annum are increased to $100.00 per annum. 9 (2) The fees set in R61-4, Paragraph 103(b) at $75.00 per annum are increased to $275.00 per annum. 10 (3) The fees set in R61-4, Paragraph 103(f) at $360.00 per annum are increased to $600.00 per annum. 11 (4) The fees set in R61-4, Paragraph 103(g) at $240.00 per annum are increased to $500.00 per annum. 12 (5) The Department of Health and Environmental Control shall modify R61-4, Paragraph 103 to conform to the fees set forth in this 13 proviso. 14 (6) This proviso shall become effective for the 1992-1993 registration period and shall continue in force until modified by revision 15 of R61-4, Paragraph 103. 16 9.23. (DHEC: Medical & Dental Loan Program) Notwithstanding other provisions of law, unobligated funds in the Medical & 17 Dental Loan program may be expended for other health service programs. 18 9.24. (DHEC: Infectious Waste Contingency Fund) The Department of Health and Environmental Control is authorized to use not 19 more than $75,000 from the Infectious Waste Contingency Fund per year for personnel and operating expenses to implement the Infectious 20 Waste Act. 21 9.25. (DHEC: Nursing Home Medicaid Bed Day Permit) Beginning July 1, 1993, when transfer of a Medicaid patient from a 22 nursing home is necessary due to violations of state or federal law or Medicaid certification requirements, the Medicaid patient day permit 23 shall be transferred with the patient to the receiving nursing home. The receiving facility shall apply to permanently retain the Medicaid 24 patient day permit within sixty days of receipt of the patient. 25 9.26. (DHEC: SC Mining Council) The amount appropriated in this section for "Mining and Reclamation", "Per Diem" and "Travel" 26 may be used for reimbursement of expenses and per diem for the South Carolina Mining Council. 27 9.27. (DHEC: Mineral Sets Revenue) The Department is authorized to charge a reasonable fee for mineral sets. Funds generated 28 from the sale of mineral sets may be retained by the Department in a revolving account with a maximum carry forward of $2,000 and must 29 be expended for mineral set supplies and related mining and reclamation educational products. 30 9.28. (DHEC: Spoil Easement Areas Revenue) The Department is authorized to collect, retain and expend funds received from the 31 sale of and/or third party use of spoil easement areas, for the purpose of meeting the State of South Carolina's responsibility for providing 32 adequate spoil easement areas for the Atlantic Intracoastal Waterway in South Carolina. Any unexpended balance on June 30, of the prior 33 fiscal year would be carried forward into the next fiscal year and expended for the same purposes. 34 9.29. (DHEC: Performance Bond Forfeiture Revenue Carry Forward) The Department is authorized to retain and expend revenue 35 derived from forfeiture of performance bonds to cover the cost of restoring damaged critical areas. Any unexpended balance on June 30,
SECTION 9 - J04 - HEALTH AND ENVIRONMENTAL CONTROL, DEPARTMENT OF PAGE 427 1 of the prior fiscal year would be carried forward into the next fiscal year and expended for the same purposes. 2 9.30. (DHEC: Special Permits) Notwithstanding any other provisions of law or Rule and Regulation where the State of South 3 Carolina is exposed to compensation requirements of the Constitutions, the Department is hereby authorized to issue special permits 4 pursuant to Section 48-39-290(D) for habitable structures not to be larger than 5,000 square feet of heated space. 5 9.31. (DHEC: Permit Application) Permit Application fees collected pursuant to Section 48-39-145 of the 1976 Code must be 6 retained by the department and used to establish the Coastal Resources Access Fund to be administered by the Office of Ocean and Coastal 7 Resource Management. The office shall make matching grants from the fund on a 50/50 basis to local governments in the South Carolina 8 Coastal Zone for projects which enhance the public's use and enjoyment of coastal resources. 9 9.32. (DHEC: Per Visit Rate Bureau of Home Health and Long Term Care) The SCDHEC is authorized to compensate non- 10 permanent, part-time employees on a fixed rate per visit basis. Compensation on a fixed rate per visit may be paid only to Bureau of Home 11 Health and Long Term Care employees for whom the Department receives per visit reimbursement from other sources. These individuals 12 will provide direct patient care in a home environment. The per visit rate may vary based on the discipline providing the care and the 13 geographical location of services rendered. Management may pay exempt or non-exempt employees as defined by the Fair Labor 14 Standards Act only when they are needed to work. Individuals employed in this category may exceed twelve months, but are not eligible 15 for State benefits except for the option of contributing to the State Retirement System. 16 9.33. (DHEC: Grand Strand Beach Renourishment Match) Any funds appropriated by the state for the Grand Strand Beach 17 Renourishment Project cannot be expended until the U.S. Army Corps of Engineers certifies to the Department of Health & Environmental 18 Control that the federal funds and the required funds from local governments for construction of the Grand Strand Beach Renourishment 19 Project are available for expenditure. 20 9.34. (DHEC: Cardiac Care Services) Notwithstanding any other provision of law, any facility which: (1) obtained a certificate of 21 need for diagnostic cardiac catheterization before July 10, 1992; (2) filed to obtain a certificate of need for open-heart surgical services 22 before January 1, 1993; and (3) has a written open-heart surgery back-up agreement with a facility that provides an open-heart surgery 23 service located within a thirty-minute one-way drive may provide therapeutic cardiac catheterizations. The facility's authority to continue 24 to provide therapeutic cardiac catheterizations terminates sixty days after the effective date of any changes to the criteria contained in the 25 State Health Plan for issuing a certificate of need for open heart surgery. A facility may continue to provide therapeutic cardiac 26 catheterizations after the sixty-day period only if the facility has applied for a certificate of need for open heart surgery under the new 27 criteria within sixty days of the new criteria's effective date. The facility's authority to continue to provide therapeutic cardiac 28 catheterizations during the period while its certificate of need application under the new criteria is pending terminates upon the issuance 29 of a final non-appealable decision on the application for a certificate of need under the new criteria. 30 9.35. (DHEC: Allocation Patient Days) The Department will allocate additional Medicaid patient days authorized above the 31 previous fiscal year's level as provided in Proviso 9.18 based on a percentage of need indicated by the Community Long Term Care waiting 32 list. Not withstanding any other provision of law, of the additional patient days authorized above the previous year's level as provided in 33 Proviso 9.18, the Department may approve additional nursing home patient days/beds not to exceed 11,680 patient days/32 beds for those 34 facilities in those rural counties that have (1) only one nursing home; (2) have no more than eighty-eight nursing home beds; (3) have more 35 than 22 percent of the population age sixty-five and over with an income below the poverty level; and, (4) are below the mean of the South
SECTION 9 - J04 - HEALTH AND ENVIRONMENTAL CONTROL, DEPARTMENT OF PAGE 428 1 Carolina median family income. A Certificate of Need application for these rural counties must be received by the Department no later 2 than August 1, 1996, and the Department will reserve Medicaid patient days for up to ninety percent of the number of additional beds. 3 9.36. (DHEC: Underground Storage Tank Data) The Department of Health and Environmental Control should initiate actions in 4 FY 1997-98, to ensure the availability of accurate and complete tank population and financial data, that are necessary to complete a report 5 by March 1999, to the State Reorganization Commission House of Representatives and the Senate, for the purpose of determining whether 6 continued funding from the State Underground Petroleum Environmental Response Bank (SUPERB) thru December 31, 2026, for eligible 7 owners of underground storage tank owners, is in the best interest of the State. The Department should begin to collect accurate and 8 complete information addressing the financial status of the SUPERB Account and the State Financial Responsibility Fund (SFRF) Account, 9 including detailed information regarding the status of reported releases in terms of completed and on-going work. Information should be 10 such that the Department is able to determine whether the SUPERB and SFRF Funds are actuarially sound and that revenues are sufficient 11 to address needed site rehabilitation and third party claims, such that the Department is able to continue funding the most serious and 12 highest ranked projects as determined using the Risk Based Corrective Action ranking system. The Department's actions should also result 13 in compiling accurate and complete information regarding the State's tank population, in terms of the extent to which the tank population 14 meets Environmental Protection Agency standards which become effective December 1998; the number of registered tanks in the state; 15 the number of registered tanks per location, per owner; and the availability and affordability of private insurance for owners of underground 16 storage tank owners. 17 9.37. (DHEC: Babynet Sliding Fee Scale) The Department of Health and Environmental Control shall delay implementation of 18 a sliding fee scale for Babynet recipients until after June 30, 1998. During the current fiscal year, the Department shall study the impact 19 of implementing a sliding fee scale. The study shall include, but not be limited to, cost benefits versus cost of administering such a fee 20 scale, impact on participating Babynet agencies, and impact to potential Babynet clients. The agency shall seek input from all affected 21 parties. The agency shall submit a report of its findings, along with recommendations, to the General Assembly no later than January 30, 22 1998. 23 9.38. (DHEC: Certificate of Public Advantage) Notwithstanding Regulation 61-31, Health Care Cooperative Agreements and other 24 provisions of law, should the Department of Health and Environmental Control issue a Certificate of Public Advantage, the applicant will 25 pay to the Department, an annual monitoring fee to cover the actual cost of audits and monitoring. This fee shall be used by the 26 Department in whatever manner solely for the purpose of monitoring Certificates of Public Advantage as set forth in Section 44-7-570(A). 27 9.39. (DHEC: Beach Restoration) Appropriations for Beach Restoration Projects which are certified by the Department as excess 28 to the final State share of project costs shall be allocated by the Department to other beach restoration projects on a priority basis in 29 accordance with R.30-20. 30 9.40. (DHEC: Lead Screening Program) Of the funds appropriated to the Department of Health and Environmental Control, the 31 director is authorized to allocate $100,000 to the continuation of the lead paint screening program. 32 9.41. (DHEC: Immunization System) The Department of Health & Environmental Control, in conjunction with the Department of 33 Health & Human Services, shall use the funds appropriated for the immunization program to enhance the vaccination delivery system, 34 emphasizing public/private partnerships in the funding and delivery systems, increase community participation, education and 35 partnerships. The strategic objective of this system shall be to eliminate vaccine-preventable diseases in South Carolina. These agencies
SECTION 9 - J04 - HEALTH AND ENVIRONMENTAL CONTROL, DEPARTMENT OF PAGE 429 1 will monitor the quality and effectiveness of this system through the development of an accessible statewide immunization information 2 system and shall report annually by January 15th to the Governor, the Senate Finance Committee, and the House Ways and Means 3 Committee. However, if adequate federal funds are made available, any excess funds must be remitted to the General Fund. 4 9.42. (DHEC: Teenage Pregnancy) The Department is directed to review the status of teenage pregnancy in South Carolina, the 5 resulting health and social problems which impact families and the various programs currently in place within the state which are intended 6 to prevent teen pregnancy. After a thorough review of the existing or proposed programs, the Department is authorized to expend, from 7 the funds appropriated herein, up to $50,000 to establish or replicate those programs proven to have a significant impact on reducing 8 the number of teen births. A report on the outcome of the research and implementation of successful projects shall be provided to the 9 Governor and Chairmen of the House Ways and Means and Senate Finance Committees not later than July 1, 1999. 10 9.43. (DHEC: Osteoporosis Education) From the funds appropriated herein, the Department is directed to provide up to $100,000 11 for implementation of programs consistent with the provisions of the Osteoporosis Prevention, Treatment and Education Act of 1997 (Act 12 No. A79). 13