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Indicates Matter Stricken
Indicates New Matter
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 70 TO TITLE 44 SO AS TO CREATE THE "LICENSURE OF IN-HOME CARE PROVIDER ACT".
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Title 44 of the 1976 Code is amended by adding:
Section 44-70-10. This chapter may be cited as the 'Licensure of In-Home Care Provider Act'.
Section 44-70-20. As used in this chapter:
(1) 'Department' means the South Carolina Department of Health and Environmental Control.
(2) 'In-home care' means care:
(a) primarily intended to assist an individual with an activity of daily living or in meeting a personal rather than a medical need, but not including skilled care or specific therapy for an illness or injury;
(b) given to assist an individual in an activity of daily living, such as walking, getting in and out of bed, bathing, dressing, feeding, using the toilet, preparing special diets, and supervising self-administered medication; and
(c) personal in nature but not mandating continuing attention or supervision from trained and licensed medical personnel.
(3) 'In-home care provider' means a person who for compensation provides an in-home care service directly or through an employee, agent, independent contractor, or the referral of a private individual. An in-home care provider does not include a:
(a) home health agency, hospital, hospice, or long-term care facility licensed under another provision of law;
(b) individual who provides only a house cleaning service;
(c) individual who provides in-home care to no more than two clients; or
(d) person licensed under Section 44-7-260.
(4) 'Person' means an individual; a trust or estate; a partnership; a corporation including an association, joint stock company, insurance company, or a health maintenance organization; a state; a political subdivision; an instrumentality including a municipal corporation of a state; or a legal entity recognized by a state.
Section 44-70-30. A person may not provide in-home care or represent himself as being an in-home care provider without a license from the department.
Section 44-70-40. The department shall promulgate regulations for the licensure of an in-home care provider. These regulations must include:
(1) a process a provider must follow to apply for a license or renew a license;
(2) a list of responsibilities and duties of a licensee, including requirements for bonding, record keeping, and reporting;
(3) a fee that the department may charge to process an application for a license, the issuance of a license, the renewal of a license, or the reinstatement of revoked or suspended license;
(4) a list of criteria that a licensee's employee, agent, independent contractor, or referral must satisfy before they may provide an in-home care service. These criteria must include personal information, completion of a minimum education requirement, screening for communicable diseases, and a criminal background check; and
(5) sanctions that the department may impose for a violation of this chapter, including the suspension or revocation of a license or the imposition of a monetary penalty.
Section 44-70-50. A license to operate as an in-home care provider is:
(1) effective for one year from the date it is issued;
(2) not transferable or assignable; and
(3) subject to suspension or revocation for failure to comply with a provision of this chapter.
Section 44-70-60. Fees established by this chapter must be remitted to the department in a separate and distinct account and must be used exclusively to support activities pursuant to this chapter."
SECTION 2. This act takes effect upon approval by the Governor.
This web page was last updated on Monday, June 22, 2009 at 3:09 P.M.