A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 44-7-262, RELATING TO MINIMUM RESIDENT-STAFF RATIOS FOR NURSING HOMES, SO AS TO ALLOW FOR THE DIVISION OF MEMORY CARE FACILITIES AND ASSISTED LIVING FACILITIES AND TO REQUIRE SUFFICIENT STAFF TO PROVIDE APPROPRIATE CARE FOR THE RESIDENTS.

 

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

 

SECTION 1.  Section 44-7-262 of the S.C. Code is amended to read:

 

    Section 44-7-262.  (A)(1) The department is authorized to reorganize or promulgate regulations that provide separate requirements for memory care facilities and assisted living facilities in nursing homes.  The regulations shall require a sufficient number of staff to provide appropriate nursing care and related services to each resident of a nursing home at all times.

       (2) As a condition of licensure, in addition to the number of licensed nursing personnel required by R61-17, or any other regulation, a nursing home must provide sufficient staff and at a minimum these resident-staff ratios for staff who provide nursing care:

           (1)(a) 9 to 1 for shift 1;

           (2)(b) 13 to 1 for shift 2;

           (3)(c) 22 to 1 for shift 3.

        (3) In those facilities utilizing two twelve-hour shifts, the staffing ratios for shift one apply to the twelve-hour shift occurring primarily during the day, and the staffing ratios for shift three apply to the twelve-hour shift occurring primarily during the night.

    (B) For purposes of this section:

       (1) "Shift 1" means a work shift that occurs primarily during the daytime hours including, but not limited to, a 7:00 a.m. to 3:00 p.m. shift;

       (2) "Shift 2" means a work shift that generally includes both daytime and evening hours including, but not limited to, a 3:00 p.m. to 11:00 p.m. shift;

       (3) "Shift 3" means a work shift that occurs primarily during the nighttime hours including, but not limited to, an 11:00 p.m. to 7:00 a.m. shift.

 

SECTION 2.  This act takes effect upon approval by the Governor.

----XX----