Bill Text: SC S0354 | 2017-2018 | 122nd General Assembly | Amended
Bill Title: Certificate of need
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2017-04-28 - Act No. 10 [S0354 Detail]
Download: South_Carolina-2017-S0354-Amended.html
RECALLED
April 5, 2017
S. 354
S. Printed 4/5/17--H.
Read the first time March 28, 2017.
A BILL
TO AMEND SECTION 44-7-130 OF THE 1976 CODE, RELATING TO DEFINITIONS FOR THE STATE CERTIFICATION OF NEED AND HEALTH FACILITIES LICENSURE ACT, TO DEFINE CRISIS STABILIZATION UNIT FACILITY; TO AMEND SECTION 44-7-170(A), RELATING TO THE APPLICABILITY OF THE CERTIFICATE OF NEED PROCESS TO CERTAIN PROJECTS, TO MAKE THE CERTIFICATE OF NEED PROCESS INAPPLICABLE TO CRISIS STABILIZATION UNIT FACILITIES; AND TO AMEND SECTION 44-7-260(A), RELATING TO REQUIREMENTS FOR LICENSURE FOR HEALTH FACILITIES, TO REQUIRE CRISIS STABILIZATION UNIT FACILITIES OBTAIN A LICENSE FROM THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 44-7-130 of the 1976 Code is amended by adding:
"(26) 'Crisis stabilization unit facility' means a facility, other than a health care facility, operated by the Department of Mental Health or operated in partnership with the Department of Mental Health that provides a short-term residential program, offering psychiatric stabilization services and brief, intensive crisis services to individuals eighteen and older, twenty-four hours a day, seven days a week."
SECTION 2. Section 44-7-170(A) of the 1976 Code is amended to read:
"(A) The following are exempt from Certificate of Need review:
(1) the acquisition by a person of medical equipment to be used solely for research, the offering of an institutional health service by a person solely for research, or the obligation of a capital expenditure by a person to be made solely for research if it does not:
(a) affect the charges imposed by the person for the provision of medical or other patient care services other than the services that are included in the research;
(b) change the bed capacity of a health care facility; or
(c) substantially change the medical or other patient care services provided by the person.
A written description of the proposed research project must be submitted to the department in order for the department to determine if these conditions are met. A Certificate of Need is required in order to continue use of the equipment or service after the equipment or service is no longer being used solely for research;
(2) the offices of a licensed private practitioner whether for individual or group practice except as provided for in Section 44-7-160(1) and (6);
(3) the replacement of like equipment for which a Certificate of Need has been issued which does not constitute a material change in service or a new service.;
(4) crisis stabilization unit facilities. Notwithstanding subsection (C), crisis stabilization unit facilities will not require a written exemption from the department."
SECTION 3. Section 44-7-260(A) of the 1976 Code is amended to read:
"Section 44-7-260. (A) If they provide care for two or more unrelated persons, the following facilities or services may not be established, operated, or maintained in this State without first obtaining a license in the manner provided by this article and regulations promulgated by the department:
(1) hospitals, including general and specialized hospitals;
(2) nursing homes;
(3) residential treatment facilities for children and adolescents;
(4) ambulatory surgical facilities;
(5) Reserved crisis stabilization unit facilities;
(6) community residential care facilities;
(7) facilities for chemically dependent or addicted persons;
(8) end-stage renal dialysis units;
(9) day care facilities for adults;
(10) any other facility operating for the diagnosis, treatment, or care of persons suffering from illness, injury;, or other infirmity and for which the department has adopted standards of operation by regulation.;
(11) intermediate care facilities for persons with intellectual disability;
(12) freestanding or mobile technology.;
(13) facilities wherein abortions are performed.;
(14) birthing centers."
SECTION 4. This act takes effect upon approval by the Governor.
