South Carolina General Assembly
116th Session, 2005-2006

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Bill 582


Indicates Matter Stricken
Indicates New Matter


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND SECTION 44-7-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE HEALTH PLANNING COMMITTEE INCLUDING THE DEVELOPMENT AND CONTENTS OF THE STATE HEALTH PLAN FOR USE IN THE ADMINISTRATION OF THE CERTIFICATE OF NEED PROGRAM, SO AS TO REQUIRE THE STATE HEALTH PLAN TO INCLUDE A PROVISION THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL SHALL APPROVE A CERTIFICATE OF NEED APPLICATION FOR OPEN HEART SURGERY IF THE APPLICANT MEETS CERTAIN CRITERIA.

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

SECTION    1.    Section 44-7-180(B) of the 1976 Code is amended to read:

"(B)    With the advice of the health planning committee, the department shall prepare a State Health Plan for use in the administration of the Certificate of Need Program provided in this article. The plan at a minimum must include:

(1)    an inventory of existing health care facilities, beds, specified health services, and equipment;

(2)    projections of need for additional health care facilities, beds, health services, and equipment;

(3)    standards for distribution of health care facilities, beds, specified health services, and equipment including scope of services to be provided, utilization, and occupancy rates, travel time, regionalization, other factors relating to proper placement of services, and proper planning of health care facilities; and

(4)    a general statement as to the project review criteria considered most important in evaluating certificate of need applications for each type of facility, service, and equipment, including a finding as to whether the benefits of improved accessibility to each such type of facility, service, and equipment may outweigh the adverse affects caused by the duplication of any existing facility, service, or equipment.; and

(5)    a requirement that, notwithstanding any other review criteria or standards, the department shall approve a certificate of need application for new open heart surgery services if:

(a)    there are no open heart surgery programs located in the same county as the applicant; and

(b)    the applicant currently offers cardiac catheterization services and has performed a minimum of twelve hundred diagnostic equivalents in the previous year of operation.

The State Health Plan must address and include projections and standards for specified health services and equipment which have a potential to substantially impact health care cost and accessibility. Nothing in this provision shall be construed as requiring the department to approve any project which is inconsistent with the State Health Plan."

SECTION    2.    This act takes effect upon approval by the Governor and the State Health Plan then in effect is deemed amended to include the provision set forth in Section 44-7-180(B)(5) of the 1976 Code, as added by Section 1 of this act.

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