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Current Status Bill Number:View additional legislative information at the LPITS web site.4498 Ratification Number:176 Act Number:370 Type of Legislation:Joint Resolution JR Introducing Body:House Introduced Date:20020115 Primary Sponsor:Quinn All Sponsors:Quinn Drafted Document Number:l:\council\bills\nbd\11064ac02.doc Date Bill Passed both Bodies:20020130 Governor's Action:S Date of Governor's Action:20010205 Subject:Nursing home annual franchise fee History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ ------ 20021017 Act No. A370 ------ 20020205 Signed by Governor ------ 20020205 Ratified R176 House 20020130 Concurred in Senate amendment, enrolled for ratification Senate 20020124 Read third time, returned with amendment Senate 20020123 Amended, read second time, notice of general amendments Senate 20020122 Introduced, read first time, placed on Calendar without reference House 20020117 Read third time, sent to Senate House 20020116 Read second time House 20020115 Introduced, read first time, placed on Calendar without reference Versions of This Bill Revised on January 15, 2002 - Word format Revised on January 22, 2002 - Word format Revised on January 23, 2002 - Word format
(A370, R176, H4498)
A JOINT RESOLUTION TO PROVIDE THAT BEGINNING FEBRUARY 1, 2002, NURSING HOMES MUST PAY AN ANNUAL FRANCHISE FEE BASED UPON THE TOTAL PATIENT DAYS SERVED BY THE NURSING HOME MULTIPLIED BY A THREE DOLLAR PER PATIENT DAY FEE FOR 2002 AND A FOUR DOLLAR PER PATIENT DAY FEE FOR STATE FISCAL YEAR 2003, AND TO FURTHER PROVIDE FOR THE CALCULATION AND COLLECTION OF THIS FEE.
Be it enacted by the General Assembly of the State of South Carolina:
Nursing home franchise fee established
SECTION 1. Notwithstanding any other provision of law, beginning February 1, 2002:
(a) Each nursing home, except those owned or operated by this State, shall pay a nursing home franchise fee beginning February 1, 2002. The fee must be remitted in monthly payments. The annual franchise fee must be calculated for each nursing home based upon the total patient days served by the nursing home during its FYE 2000 reporting period, multiplied by a per patient day fee of three dollars. Total patient day information for each nursing home must be obtained from either the nursing home's FYE 2000 Medicaid cost report or the South Carolina Department of Health and Environmental Control's FY 2000 Joint Annual Report of Nursing Care Facilities. In the event that FY 2000 data is unavailable under either report, FY 1999 data must be used. Nursing homes which filed partial year 2000, or 1999, patient day data shall have its data annualized. The South Carolina Department of Health and Human Services shall provide to the South Carolina Department of Revenue by January 25, 2002, the amount of the annual SFY 2002 franchise fee to be collected from each nursing home. The South Carolina Department of Revenue shall bill each nursing home monthly for one-twelfth of the annual fee amount beginning February 1, 2002. The Department of Revenue shall administer and enforce the collection of these fees in accordance with the provisions of Chapter 54, Title 12 of the 1976 Code. The Department of Revenue may promulgate regulations for that purpose. Fees collected must be remitted to the State Treasurer to be credited to the Department of Health and Human Services.
(b) The nursing home franchise fee for state fiscal year 2003 must be calculated and billed using the methodology provided in subsection (a) except that the per patient day fee must be four dollars for state fiscal year 2003. The South Carolina Department of Health and Human Services shall provide to the South Carolina Department of Revenue, by June 30, 2002, the amount of the annual SFY 2003 franchise fee to be collected from each nursing home.
(c) For new nursing homes licensed after December 31, 2001, the franchise fee must be initially calculated using projected total patient days served during the first full year of operation multiplied by a per patient day fee of three dollars. Subsequent franchise fees must be based upon actual patient days served on an annual basis. For nursing homes which were licensed during calendar year 2000 and 2001 that have not reported total patient day information to either the South Carolina Department of Health and Human Services or the South Carolina Department of Health and Environmental Control, the franchise fee must be calculated using actual or projected, depending upon the date of licensure, total patient days served during the first full year of operation multiplied by a per patient day fee of three dollars. Subsequent franchise fees must be based upon actual patient days served on an annual basis for those nursing homes which used projected total patient days to determine that initial franchise fee.
Time effective
SECTION 2. This joint resolution takes effect upon approval by the Governor.
Ratified the 5th day of February, 2002.
Approved the 5th day of February, 2002.
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Tuesday, December 8, 2009 at 11:35 A.M.