reglab/housing_qa huggingface dataset:
SC Code § 44-7-120 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts|Section 44-7-120. Declaration of purpose.

 The purpose of this article is to promote cost containment, prevent unnecessary duplication of health care facilities and services, guide the establishment of health facilities and services which will best serve public needs, and ensure that high quality services are provided in health facilities in this State. To achieve these purposes, this article requires:  (1) the issuance of a Certificate of Need before undertaking a project prescribed by this article;  (2) adoption of procedures and criteria for submittal of an application and appropriate review before issuance of a Certificate of Need;  (3) preparation and publication of a State Health Plan;  (4) the licensure of facilities rendering medical, nursing, and other health care.  HISTORY: 1962 Code Section 32-763; 1952 Code Section 32-763; 1947 (45) 510; 1971 (57) 376; 1979 Act No. 51 Section 1; 1981 Act No. 16, Section 1; 1988 Act No. 670, Section 1; 1992 Act No. 511, Section 1.
SC Code § 44-7-140 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts|Section 44-7-140. Department as sole agency for control of program.

 The department is designated the sole state agency for control and administration of the granting of Certificates of Need and licensure of health facilities and other activities necessary to be carried out under this article.  HISTORY: 1962 Code Section 32-762.1; 1952 Code Section 32-762.1; 1951 (47) 132; 1971 (57) 376; 1979 Act No. 51 Section 1; 1988 Act No. 397, Section 4. 670, Section 1.
SC Code § 44-7-150 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts|Section 44-7-150. Duties of department.

 In carrying out the purposes of this article, the department shall:  (1) require reports and make inspections and investigations as considered necessary;  (2) to the extent that is necessary to effectuate the purposes of this article, enter into agreements with other departments, commissions, agencies, and institutions, public or private;  (3) adopt in accordance with Article I of the Administrative Procedures Act substantive and procedural regulations considered necessary by the department and approved by the board to carry out the department's licensure and Certificate of Need duties under this article, including regulations to deal with competing applications;  (4) accept on behalf of the State and deposit with the State Treasurer, any grant, gift, or contribution made to assist in meeting the cost of carrying out the purpose of this article and expend it for that purpose;  (5) The department may charge and collect fees to cover the cost of operating the Certificate of Need program, including application fees, filing fees, issuance fees, and nonapplicability/exemption determination fees. The department shall develop regulations which set fees as authorized by this article. The level of these fees must be determined after careful consideration of the direct and indirect costs incurred by the department in performing its various functions and services in the Certificate of Need program. All fees and procedures for collecting fees must be adopted pursuant to procedures set forth in the Administrative Procedures Act. Any fee collected pursuant to this section in excess of seven hundred fifty thousand dollars must be retained by the department and designated for the administrative costs of the Certificate of Need program. The first seven hundred fifty thousand dollars collected pursuant to this section must be deposited into the general fund of the State. Until fees are promulgated through regulation, all fees established as of January 1, 2009, remain in effect.  HISTORY: 1962 Code Section 32-764; 1952 Code Section 32-764; 1947 (45) 510; 1971 (57) 376; 1979 Act No. 51 Section 1; 1988 Act No. 670, Section 1; 2010 Act No. 278, Section 4, eff July 1, 2010.
SC Code § 44-7-160 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts|Section 44-7-160. Certificate of Need required under certain circumstances.

 A person or health care facility as defined in this article is required to obtain a Certificate of Need from the department before undertaking any of the following:  (1) the construction or other establishment of a new health care facility;  (2) a change in the existing bed complement of a health care facility through the addition of one or more beds or change in the classification of licensure of one or more beds;  (3) an expenditure by or on behalf of a health care facility in excess of an amount to be prescribed by regulation which, under generally acceptable accounting principles consistently applied, is considered a capital expenditure except those expenditures exempted in Section 44-7-170(B)(1). The cost of any studies, surveys, designs, plans, working drawings, specifications, and other activities essential to the development, acquisition, improvement, expansion, or replacement of any plant or equipment must be included in determining if the expenditure exceeds the prescribed amount;  (4) a capital expenditure by or on behalf of a health care facility which is associated with the addition or substantial expansion of a health service for which specific standards or criteria are prescribed in the South Carolina Health Plan;  (5) the offering of a health service by or on behalf of a health care facility which has not been offered by the facility in the preceding twelve months and for which specific standards or criteria are prescribed in the South Carolina Health Plan;  (6) the acquisition of medical equipment which is to be used for diagnosis or treatment if the total project cost is in excess of that prescribed by regulation.  HISTORY: 1962 Code Section 32-765; 1952 Code Section 32-765; 1947 (45) 510; 1971 (57) 376; 1979 Act No. 51 Section 1; 1988 Act No. 670, Section 1; 1992 Act No. 511, Section 6; 2010 Act No. 278, Section 5, eff July 1, 2010.
SC Code § 44-7-190 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts|Section 44-7-190. Project Review Criteria; weighing of criteria.

 (A) The department shall adopt, upon approval of the board, Project Review Criteria which, at a minimum, must provide for the determination of need for health care facilities, beds, services and equipment, including demographic needs, appropriate distribution, and utilization; accessibility to underserved groups; availability of facilities and services without regard to ability to pay; absence of less costly and more effective alternatives; appropriate financial considerations, including method of financing, financial feasibility, and cost containment; consideration of impact on health systems resources; site and building suitability; consideration of quality of care; and relevant special considerations as may be appropriate. The Project Review Criteria must be adopted as a regulation pursuant to the Administrative Procedures Act.  (B) The project review criteria promulgated in regulation must be used in reviewing all projects under the Certificate of Need process. When the criteria are weighted to determine the relative importance for the specific project, the department may reorder the relative importance of the criteria no more than one time after the project review meeting. When an application has been appealed, the department may not change the weighted formula.  HISTORY: 1962 Code Section 32-769; 1952 Code Section 32-769; 1947 (45) 510; 1951 (47) 506; 1979 Act No. 51 Section 1; 1988 Act No. 670, Section 1; 2010 Act No. 278, Section 8, eff July 1, 2010.
SC Code § 44-7-200 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts|Section 44-7-200. Application for Certificate of Need; notice; prohibited communications.

 (A) An application for a Certificate of Need must be submitted to the department in a form established by regulation. The application must address all applicable standards and requirements set forth in departmental regulations, Project Review Criteria of the department, and the South Carolina Health Plan.  (B) Within twenty days before submission of an application, the applicant shall publish notification that an application is to be submitted to the department in a newspaper serving the area where the project is to be located for three consecutive days. The notification must contain a brief description of the scope and nature of the project. No application may be accepted for filing by the department unless accompanied by proof that publication has been made for three consecutive days within the prior twenty-day period and payment of the initial application fee has been received.  (C) Upon publication of this notice and until a contested case hearing is requested pursuant to Section 44-1-60(G):  (1) members of the board and persons appointed by the board to hold a final review conference on staff decisions may not communicate directly or indirectly with any person in connection with the application; and  (2) no person shall communicate, or cause another to communicate, as to the merits of the application with members of the board and persons appointed by the board to hold a final review conference on staff decisions.  A person who violates this subsection is subject to the penalties provided in Section 1-23-360.  (D) After receipt of an application with proof of publication and payment of the initial application fee, the department shall publish in the State Register a notice that an application has been accepted for filing. Within thirty days of acceptance of the application, the department may request additional information as may be necessary to complete the application. The applicant has thirty days from the date of the request to submit the additional information. If the applicant fails to submit the requested information within the thirty-day period, the application is considered withdrawn.  (E) After a Certificate of Need application has been filed with the department, state and federal elected officials are prohibited from communicating with the department with regard to the Certificate of Need application at any time. This prohibition does not include written communication of support or opposition to an application. Such written communication must be included in the administrative record.  HISTORY: 1962 Code Section 32-770; 1952 Code Section 32-770; 1947 (45) 510; 1979 Act No. 51 Section 1; 1988 Act No. 670, Section 1; 1990 Act No. 471, Section 1; 1992 Act No. 511, Section 9; 2010 Act No. 278, Sections 9, 10, eff July 1, 2010.
SC Code § 44-7-220 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts|Section 44-7-220. Administrative Law Court review of Certificate of Need decisions.

 (A) A party who is aggrieved by the Administrative Law Court's final decision may seek judicial review of the final decision in accordance with Section 1-23-380.  (B) If the relief requested in the appeal is the reversal of the Administrative Law Court's decision to approve the Certificate of Need application or approve the request for exemption under Section 44-7-170 or approve the determination that Section 44-7-160 is not applicable, the party filing the appeal shall deposit a bond with the Clerk of the Court of Appeals within five calendar days after filing the petition to appeal. The bond must be secured by cash or a surety authorized to do business in this State in an amount equal to five percent of the total cost of the project or one hundred thousand dollars, whichever is greater, up to a maximum of one million five hundred thousand dollars. If the Court of Appeals affirms the Administrative Law Court's decision or dismisses the appeal, the Court of Appeals shall award to the party whose project is the subject of the appeal all of the bond and also may award reasonable attorney's fees and costs incurred in the appeal. If a party appeals the denial of its own Certificate of Need application or of an exemption request under Section 44-7-170 or appeals the determination that Section 44-7-160 is applicable and there is no competing application involved in the appeal, the party filing the appeal is not required to deposit a bond with the Court of Appeals.  (C)(1) Furthermore, if at the conclusion of the contested case or judicial review the Administrative Law Court or the Court of Appeals finds that the contested case or a subsequent appeal was frivolous, the Administrative Law Court or the Court of Appeals may award damages incurred as a result of the delay, as well as reasonable attorney's fees and costs, to the party whose project is the subject of the contested case or judicial review.  (2) As used in this subsection, "frivolous appeal" means any one of the following:  (a) taken solely for purposes of delay or harassment;  (b) where no question of law is involved;  (c) where the contested case or judicial review is without merit.  HISTORY: 1962 Code Section 32-772; 1952 Code Section 32-772; 1947 (45) 510; 1979 Act No. 51 Section 1; 1988 Act No. 670, Section 1; 1990 Act No. 471, Section 4; 2010 Act No. 278, Section 12, eff July 1, 2010.
SC Code § 44-7-225 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts|Section 44-7-225. State Health Plan in effect at application and at decision.

 The department, the Administrative Law Court, and the Court of Appeals shall consider the South Carolina Health Plan in place at the time the application was filed and may consider the current South Carolina Health Plan when making its decision.  HISTORY: 2010 Act No. 278, Section 20, eff July 1, 2010.
SC Code § 44-7-240 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts|Section 44-7-240. Construction program.

 The department may establish a construction program providing for adequate facilities in this State and, insofar as possible, shall provide for the distribution of facilities and services throughout this State in such manner as to make all types of health services reasonably accessible to all persons in this State. The State Health Plan as required by this article may be used for purposes of establishing the relative need of projects for which applications are submitted under this construction program. Submittal of applications and review and approval of projects for which federal funds are requested must be in accordance with regulations adopted by the department and applicable federal act.  HISTORY: 1962 Code Section 32-774; 1952 Code Section 32-774; 1947 (45) 510; 1964 (53) 2117; 1979 Act No. 51 Section 1; 1988 Act No. 670, Section 1; 1992 Act No. 511, Section 13.
SC Code § 44-7-250 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts|Section 44-7-250. Department to establish and enforce basic standards.

 The department shall establish and enforce basic standards for the licensure, maintenance, and operation of health facilities and services to ensure the safe and adequate treatment of persons served in this State.  HISTORY: 1962 Code Section 32-775; 1952 Code Section 32-775; 1947 (45) 510; 1979 Act No. 51 Section 1; 1988 Act No. 670, Section 1.
SC Code § 44-7-261 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts|Section 44-7-261. Privately-owned education infirmaries.

 Health care facilities licensed pursuant to Regulation 61-16, Minimum Standards for Licensing Hospitals and Institutional General Infirmaries, and designated as "privately-owned education infirmaries" may be established within the jurisdiction of a larger nonmedical institution which maintains and operates organized facilities and services to accommodate two or more nonrelated students, faculty, and staff with illness, injury, or infirmity for a period exceeding twenty-four hours for the diagnosis, treatment, and care of such persons and which provides medical, surgical, and professional nursing care, and in which all diagnoses, treatment, and care are performed under the direction of persons currently licensed to practice medicine and surgery in South Carolina. However, privately-owned education infirmaries also may care for patients who are not students, faculty, or staff when the privately-owned education infirmary has agreed to provide such care to this class or patients prior to January 1, 2007.  HISTORY: 2007 Act No. 95, Section 2, eff January 1, 2008.
SC Code § 44-7-262 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts|Section 44-7-262. Minimum resident-staff ratios for nursing homes.

 (A) 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 at a minimum these resident-staff ratios for staff who provide nursing care:  (1) 9 to 1 for shift 1;  (2) 13 to 1 for shift 2;  (3) 22 to 1 for shift 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.  HISTORY: 1998 Act No. 419, Part II, Section 46A.
SC Code § 44-7-263 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts|Section 44-7-263. Exemption from provisions of chapter.

 Notwithstanding the provisions of Section 44-7-260, the provisions of this chapter do not apply to any home or facility approved and annually reviewed by the United States Department of Veterans Affairs as a Medical Foster Home in which care is provided exclusively to three or fewer veterans.  HISTORY: 2016 Act No. 232 (H.4580), Section 1, eff June 3, 2016.
SC Code § 44-7-264 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts|Section 44-7-264. Nursing home or community residential care facility licensure; fingerprint-based criminal records check; prohibition of issuance of license or requirement of revocation for certain crimes.

 (A) To obtain a license to operate a nursing home or a community residential care facility the person, or persons, required to sign the application for licensure pursuant to Section 44-7-270 shall undergo a state and national fingerprint-based criminal records check.  (B)(1) A nursing home license or community residential care facility license must not be issued to the applicant, and if issued, may be revoked, if the person or any one of the persons required to undergo a criminal records check pursuant to subsection (A) is required to register under the sex offender registry pursuant to Section 23-3-430 or has been convicted of:  (a) abuse, neglect, or exploitation of a child or vulnerable adult, as defined in Section 43-35-10;  (b) any violent crime, as defined in Section 16-1-60;  (c) any other drug related felony;  (d) forgery, embezzlement, or breach of trust with fraudulent intent, as classified in Section 16-1-90(E); or  (e) a criminal offense similar in nature to the crimes listed in this subsection committed in another jurisdiction or under federal law.  (2) This section does not prohibit obtaining licensure when a conviction or plea of guilty or nolo contendere for one of the crimes enumerated in this section has been pardoned. However, notwithstanding the entry of a pardon, the department may consider all information available, including the person's pardoned convictions or pleas and the circumstances surrounding them, to determine whether the applicant is unfit or otherwise unsuited for licensure for a community residential care facility.  (C) Criminal records checks required pursuant to this section must consist of a fingerprint-based records check conducted by the South Carolina Law Enforcement Division (SLED) for the state check and a fingerprint-based records check conducted by the Federal Bureau of Investigation (FBI) for the national check. An applicant shall submit with the criminal records check application one complete set of the applicant's fingerprints in a manner specified by SLED. Fingerprints submitted to SLED pursuant to this section must be collected in a manner specified by SLED and must be used to conduct a state criminal records check by SLED and to facilitate a national criminal records check by the FBI. SLED is authorized to retain the fingerprints for licensing purposes and for notification of the department regarding criminal charges. The actual cost of obtaining state and national criminal records checks by SLED and the FBI must be paid by the licensure applicant directly to the required entity as specified by SLED.  HISTORY: 2010 Act No. 207, Section 1, eff June 7, 2010.
SC Code § 44-7-265 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts|Section 44-7-265. Freestanding or mobile technology regulations to be promulgated.

 The department shall promulgate regulations for licensing freestanding or mobile technology. At a minimum, the regulations must include:  (1) standards for the maintenance and operation of freestanding or mobile technology to ensure the safe and effective treatment of persons served;  (2) a description of the professional qualifications necessary for personnel to operate the equipment and interpret the test results;  (3) minimum staffing requirements to ensure the safe operation of the equipment and interpret the test results; and  (4) that all freestanding or mobile technology must be in conformance with professional organizational standards.  HISTORY: 1992 Act No. 511, Section 18.
SC Code § 44-7-270 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 7 - Hospitals, Tuberculosis Camps And Health Services Districts|Section 44-7-270. Applications for license.

 Applicants for a license shall file annually, or as may be provided for in regulation, applications under oath with the department upon prescribed forms. An application must be signed by the owner, if an individual or a partnership, or in the case of a corporation by two of its officers, or in the case of a government unit by the head of the governmental department having jurisdiction over it. The application must set forth the full name and address of the facility for which the license is sought, as applicable, and the full name and address of the owner, the names of the persons in control, and additional information as the department may require, including affirmative evidence of ability to comply with standards and regulations adopted by the department. Each applicant shall pay a license fee prior to issuance of a license as established by regulation. The department may charge an inspection fee.  HISTORY: 1962 Code Section 32-777; 1952 Code Section 32-777; 1947 (45) 510; 1979 Act No. 51 Section 1; 1988 Act No. 670, Section 1; 2010 Act No. 278, Section 16, eff July 1, 2010.