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COMMITTEE REPORT
May 27, 1999
S. 95
S. Printed 5/27/99--S.
Read the first time January 12, 1999.
To whom was referred a Bill (S. 95), to amend the Code of Laws of South Carolina, 1976, by adding Section 44-71-65 so as to provide that a hospice care facility is subject to regulations, etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. The 1976 Code is amended by adding:
"Section 44-71-65. Notwithstanding any other provision of law, a hospice care facility must comply with the regulations promulgated by the department pursuant to this chapter and is not subject to regulations pertaining to the licensure and regulation of nursing homes or community residential care facilities."
SECTION 2. The 1976 Code is amended by adding:
"Section 44-71-95. Nothing in this chapter may be construed to prohibit a health care facility from providing hospice services through contractual arrangements with a licensed hospice operation."
SECTION 3. Section 44-7-130(10) of the 1976 Code, as last amended by Act 303 of 1998, is further amended to read:
"(10) 'Health care facility' means acute care hospitals, psychiatric hospitals, alcohol and substance abuse hospitals, methadone treatment facilities, tuberculosis hospitals, nursing homes, ambulatory surgical facilities, hospice 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."
SECTION 4. Section 44-71-20 of the 1976 Code is amended to read:
"Section 44-71-20. As used in this chapter:
(1) 'Board' means the South Carolina Board of Health and Environmental Control.
(2) 'Department' means the South Carolina Department of Health and Environmental Control.
(3) 'Hospice' means a centrally administered, interdisciplinary health care program. This program must provide a continuum of medically supervised palliative and supportive care for the terminally ill patient and the family, including, but not limited to, outpatient, and inpatient services provided directly or through written agreement. Inpatient services include, but are not limited to, services provided by a hospice in a hospice facility.
Admission to a hospice program of care is based on the voluntary request of the hospice patient alone or in conjunction with designated family members.
(4) 'Hospice facility' means an institution, place, or building in which a hospice provides room, board, and appropriate hospice services on a twenty-four hour basis to individuals requiring hospice care pursuant to the orders of a physician.
(4)(5) 'Licensee' means the individual, corporation, or public entity with whom rests the ultimate responsibility for maintaining approved standards for the hospice or hospice facility."
SECTION 5. Section 44-71-60 of the 1976 Code is amended to read:
"Section 44-71-60. The department shall promulgate regulations which define needs, services, and standards for the care, treatment, health, safety, welfare, and comfort of patients and their families served by hospices and for the maintenance and operation of hospices, including hospice facilities, which will promote safe and adequate care and treatment of the patients and their families."
SECTION 6. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
RALPH ANDERSON, for Committee.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-71-65 SO AS TO PROVIDE THAT A HOSPICE CARE FACILITY IS SUBJECT TO REGULATIONS PROMULGATED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL PURSUANT TO TITLE 44, CHAPTER 71 AND THAT SUCH FACILITIES ARE NOT SUBJECT TO REGULATIONS PERTAINING TO THE LICENSURE AND REGULATION OF NURSING HOMES OR COMMUNITY RESIDENTIAL CARE FACILITIES; TO AMEND SECTION 44-7-130, AS AMENDED, RELATING TO DEFINITIONS IN THE STATE CERTIFICATION OF NEED AND HEALTH FACILITY LICENSURE ACT AND SECTION 44-7-170, AS AMENDED, RELATING TO EXEMPTIONS FROM THE CERTIFICATE OF NEED PROCESS, BOTH SO AS TO EXEMPT HOSPICE CARE FACILITIES FROM THE CERTIFICATE OF NEED PROCESS; TO AMEND SECTION 44-71-20, RELATING TO DEFINITIONS FOR THE LICENSURE OF HOSPICE PROGRAMS, SO AS TO CLARIFY THE SCOPE OF INPATIENT HOSPICE SERVICES AND TO DEFINE HOSPICE CARE FACILITIES; AND TO AMEND SECTION 44-71-60, RELATING TO THE PROMULGATION OF REGULATIONS FOR HOSPICE PROGRAMS, SO AS TO INCLUDE REGULATIONS FOR HOSPICE CARE FACILITIES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 44-71-65. Notwithstanding any other provision of law, a hospice care facility must comply with the regulations promulgated by the department pursuant to this chapter and is not subject to regulations pertaining to the licensure and regulation of nursing homes or community residential care facilities."
SECTION 2. Section 44-7-130(10) of the 1976 Code, as last amended by Act 303 of 1998, is further amended by adding at the end:
"A health care facility does not include a hospice care facility as defined in Section 44-71-20."
SECTION 3. Section 44-7-170(B) of the 1976 Code, as last amended by Act 303 of 1998, is further amended by adding an appropriately numbered item at the end to read:
"( ) a hospice care facility as defined in Section 44-71-20."
SECTION 4. Section 44-71-20 of the 1976 Code is amended to read:
"Section 44-71-20. As used in this chapter:
(1) 'Board' means the South Carolina Board of Health and Environmental Control.
(2) 'Department' means the South Carolina Department of Health and Environmental Control.
(3) 'Hospice' means a centrally administered, interdisciplinary health care program. This program must provide a continuum of medically supervised palliative and supportive care for the terminally ill patient and the family, including, but not limited to, outpatient, and inpatient services provided directly or through written agreement. Inpatient services include, but are not limited to, services provided by a hospice in a hospice care facility.
Admission to a hospice program of care is based on the voluntary request of the hospice patient alone or in conjunction with designated family members.
(4) 'Hospice care facility' means an institution, place, or building in which a hospice provides room, board, and appropriate hospice services on a twenty-four hour basis to individuals requiring terminal medically supervised care pursuant to the orders of a physician.
(4)(5) 'Licensee' means the individual, corporation, or public entity with whom rests the ultimate responsibility for maintaining approved standards for the hospice."
SECTION 5. Section 44-71-60 of the 1976 Code is amended to read:
"Section 44-71-60. The department shall promulgate regulations which define services and standards for the care, treatment, health, safety, welfare, and comfort of patients and their families served by hospices and for the maintenance and operation of hospices, including hospice care facilities, which will promote safe and adequate care and treatment of the patients and their families."
SECTION 6. This act takes effect upon approval by the Governor.
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