reglab/housing_qa huggingface dataset:
SC Code § 44-6-160 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 6 - Department Of Health And Human Services|Section 44-6-160. Target rate of increase for net inpatient charges; excessive increases; penalties.

 (A) By August first of each year, the department shall compute and publish the annual target rate of increase for net inpatient charges for all general hospitals in the State. The target rate of increase will be established for a twelve-month period from October first through September thirtieth of the following year. Once established, the target rate of increase must not be amended during the year except as provided in subsection (B) of this section. The department shall monitor the performance of the hospital industry to contain costs, specifically as evidenced by the annual rate of growth of net inpatient charges. If the department determines that the annual rate of increase in net inpatient charges for the hospital industry has exceeded the target rate of increase established for that year, the department shall appoint an expert panel for the purpose of analyzing the financial reports of each hospital whose net inpatient charges exceeded the target rate of increase. The panel's review shall take into consideration service volume, intensity of care, and new services or facilities. The panel shall consist of at least three members who have broad experience, training, and education in the field of health economics or health care finance. The panel shall report its findings and recommendations, including recommended penalties or sanctions, to the department. The department shall decide what, if any, penalty it will impose within three months of receiving all necessary data.  (B) The department may impose penalties or sanctions it considers appropriate. Penalties must be prospective. Financial penalties are limited to a reduction in a hospital's target rate of increase for the following year. Any reduction in a hospital's target rate of increase for the next year must not be greater than the amount the hospital exceeded the industry's target rate of increase for the previous year. Once a hospital is sanctioned, it must be reviewed annually until it succeeds in remaining below its target rate of increase.  HISTORY: 1985 Act No. 201, Part II, Section 19C; 1989 Act No. 189, Part II, Section 35E and K; 1993 Act No. 181, Section 1052.
SC Code § 44-6-180 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 6 - Department Of Health And Human Services|Section 44-6-180. Confidentiality of patient records; controlled dissemination of data; violations and penalties.

 (A) Patient records received by counties, the department, or other entities involved in the administration of the program created pursuant to Section 44-6-150 are confidential. Patient records gathered pursuant to Section 44-6-170 are also confidential. The Revenue and Fiscal Affairs Office shall use patient-identifiable data collected pursuant to Section 44-6-170 for the purpose of linking various data bases to carry out the purposes of Section 44-6-170. Linked data files must be made available to those agencies providing data files for linkage. No agency receiving patient-identifiable data collected pursuant to Section 44-6-170 may release this data in a manner such that an individual patient or provider may be identified except as provided in Section 44-6-170. Nothing in this section may be construed to limit access by a submitting provider or its designee to that provider's information.  (B) A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both.  HISTORY: 1985 Act No. 201, Part II, Section 19C; 1989 Act No. 189, Part II, Section 35G; 1993 Act No. 130, Section 4; 1993 Act No. 181, Section 1054.
SC Code § 44-6-190 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 6 - Department Of Health And Human Services|Section 44-6-190. Applicability of Administrative Procedures Act; compliance with Medicaid disclosure rules.

 The department may promulgate regulations pursuant to the Administrative Procedures Act. Appeals from decisions by the department are heard pursuant to the Administrative Procedures Act, Administrative Law Judge, Article 5, Chapter 23 of Title 1 of the 1976 Code.  The department shall promulgate regulations to comply with federal requirements to limit the use or disclosure of information concerning applicants and recipients to purposes directly connected with the administration of the Medicaid program.  HISTORY: 1985 Act No. 201, Part II, Section 19C; 1990 Act No. 450, Section 3; 1993 Act No. 181, Section 1055.
SC Code § 44-6-200 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 6 - Department Of Health And Human Services|Section 44-6-200. Falsification of information; penalties.

 (A) A person who commits a material falsification of information required to determine eligibility for the Medically Indigent Assistance Program is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned for not more than one year, or both.  (B) Unless otherwise specified in this chapter, an individual or facility violating this chapter or a regulation under this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars for the first offense and not more than five thousand dollars for a subsequent offense.  HISTORY: 1985 Act No. 201, Part II, Section 19C; 1989 Act No. 189, Part II, Section 35H; 1993 Act No. 130, Section 5.
SC Code § 44-6-220 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 6 - Department Of Health And Human Services|Section 44-6-220. Notice requirements on nursing home admission applications.

 All applications for admission to a nursing home must contain a notice, to be signed by the applicant, stating:  "Eligibility for Medicaid-sponsored long-term care services is based on income and medical necessity. To qualify for assistance through the Medicaid program, a nursing home patient must need intermediate or skilled nursing care as determined through an assessment conducted by Medicaid program staff. The fact that a patient has already been admitted to a nursing home is not considered in this determination. It is possible that a patient could exhaust all other means of paying for nursing home care and meet Medicaid income criteria but still be denied assistance due to the lack of medical necessity.  "It is recommended that all persons seeking admission to a nursing home be assessed by the Medicaid program prior to admission. This assessment will provide information about the level of care needed and the viability of community services as an alternative to admission. The department may charge a fee, not to exceed the cost of the assessment, to persons not eligible for Medicaid-sponsored long-term care services."  HISTORY: 1987 Act No. 184 Section 5; 1993 Act No. 181, Section 1056.
SC Code § 44-6-300 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 6 - Department Of Health And Human Services|Section 44-6-300. Child development services to be established.

 The Department of Health and Human Services shall establish child development services in the following counties: Allendale, Bamberg, Barnwell, Calhoun, Cherokee, Chester, Chesterfield, Fairfield, Jasper, Lexington, Newberry, and Orangeburg. The services established in each county must provide at least thirty slots for the children of that county.  HISTORY: 1989 Act No. 189, Part II, Section 43 sub 3; 1993 Act No. 181, Section 1057.  Editor's Note  1989 Act No. 189, Part II, subsection 1, subdivision I, Section 43, eff June 8, 1989, provides that Section 43 is known and may be cited as the "South Carolina Initiative for Child Care Act".
SC Code § 44-6-310 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 6 - Department Of Health And Human Services|Section 44-6-310. Expansion of existing child development services.

 The Department of Health and Human Services shall expand existing child development services in the following counties: Beaufort, Charleston, Florence, Greenville, Hampton, and Richland. The services in each county must be expanded to provide at least twenty new slots but no more than sixty new slots for the children of each county.  HISTORY: 1989 Act No. 189, Part II, Section 43 sub 4; 1993 Act No. 181, Section 1058.
SC Code § 44-6-320 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 6 - Department Of Health And Human Services|Section 44-6-320. Appropriations.

 The establishment and expansion of the child development services mandated by Sections 44-6-300 and 44-6-310 must be accomplished within the limits of the appropriations provided by the General Assembly in the annual General Appropriations Act for this purpose and in accordance with the Department of Health and Human Services policies for child development services funded through Title XX.  HISTORY: 1989 Act No. 189, Part II, Section 43 sub 5; 1993 Act No. 181, Section 1059.
SC Code § 44-6-400 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 6 - Department Of Health And Human Services|Section 44-6-400. Definitions.

 As used in this article:  (1) "Department" means the Department of Health and Human Services.  (2) "Nursing home" means a facility subject to licensure as a nursing home by the Department of Health and Environmental Control and subject to the permit provisions of Article 2, Chapter 7 of Title 44 and which has been certified for participation in the Medicaid program or has been dually certified for participation in the Medicaid and Medicare programs.  (3) "Resident" means a person who resides or resided in a nursing home during a period of an alleged violation.  (4) "Survey agency" means the South Carolina Department of Health and Environmental Control or any other agency designated to conduct compliance surveys of nursing facilities participating in the Title XIX (Medicaid) program.  HISTORY: 1990 Act No. 449, Section 4; 1993 Act No. 181, Section 1060; 1998 Act No. 419, Part II, Section 45A.
SC Code § 44-6-420 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 6 - Department Of Health And Human Services|Section 44-6-420. Enforcement actions; considerations; proportionality to violations.

 When the department is notified by the survey agency that a nursing home is in violation of one or more of the requirements for participation in the Medicaid program, it may take enforcement action as follows:  (1) if the nursing home is dually certified for participation in both the Medicare and Medicaid programs, the department shall coordinate any enforcement action with federal authorities and shall defer to the actions of these federal authorities to the extent required by federal statute or regulation;  (2) if the nursing home is only certified for participation in the Medicaid program and is not certified for participation in the Medicare program, the department may take any enforcement action authorized under federal statute or regulation that would have been available for use by federal authorities if the nursing home had been dually certified;  Any enforcement actions taken solely by the department under item (2) must be proportionate to the scope and severity of the violations and also shall take into account the factors considered by federal authorities in similar enforcement actions. Dually certified nursing homes and nursing homes only certified for participation in the Medicaid program must be subjected to comparable enforcement actions for comparable violations.  HISTORY: 1990 Act No. 449, Section 4; 1993 Act No. 181, Section 1062; 1998 Act No. 419, Part II, Section 45B.
SC Code § 44-6-470 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 6 - Department Of Health And Human Services|Section 44-6-470. Fines; use of funds collected.

 Any use of funds collected by the department as a result of the imposition of civil monetary penalties or other enforcement actions must be for a purpose related to the protection of the health and property of residents of nursing homes that participate in the Medicaid program. These funds may be used for the cost of relocating residents to other nursing homes, if necessary, and also may be used to reimburse residents for personal funds lost as a result of violations of the requirements for participation in the Medicaid program by the nursing home. In addition, these funds may be used for other costs directly associated with enforcement or corrective measures at facilities found to be out of compliance with the requirements for participation in the Medicaid program or for any other purpose that enhances or improves the health and quality of life for residents. These requirements for the use of funds collected also apply to funds received by the department that are collected as the result of enforcement actions directed by federal authorities.  HISTORY: 1990 Act No. 449, Section 4; 1993 Act No. 181, Section 1066; 1998 Act No. 419, Part II, Section 45C.
SC Code § 44-6-530 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 6 - Department Of Health And Human Services|Section 44-6-530. Federal jurisdiction.

 Before instituting an action under this article, the Department of Health and Human Services shall determine if the Secretary of the United States Department of Health and Human Services has jurisdiction under federal law. In such cases, it shall coordinate its efforts with the secretary to maintain an action against the nursing home. In an action against a nursing home owned and operated by the State of South Carolina, the secretary has exclusive jurisdiction.  HISTORY: 1990 Act No. 449, Section 4; 1993 Act No. 181, Section 1069.
SC Code § 44-6-540 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 6 - Department Of Health And Human Services|Section 44-6-540. Authority for rulemaking, and to ensure compliance with Medicaid participation.

 The department is authorized to promulgate regulations, pursuant to the Administrative Procedures Act, to administer this article, and to ensure compliance with the requirements for participation in the Medicaid program.  HISTORY: 1990 Act No. 449, Section 4; 1998 Act No. 419, Part II, Section 45D.
SC Code § 44-6-610 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 6 - Department Of Health And Human Services|Section 44-6-610. Citation of article.

 This article may be cited as the "Gap Assistance Pharmacy Program for Seniors (GAPS) Act".  HISTORY: 2003 Act No. 59, Section 1, eff June 18, 2003; 2006 Act No. 233, Section 1, eff February 21, 2006.
SC Code § 44-6-620 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 6 - Department Of Health And Human Services|Section 44-6-620. Definitions.

 For purposes of this article:  (1) "Department" means the South Carolina Department of Health and Human Services.  (2) "Prescription drugs" means outpatient prescription drugs that have been approved by the United States Food and Drug Administration. "Prescription drugs" do not include experimental drugs and over-the-counter pharmaceutical products.  (3) "Program" means the Gap Assistance Pharmacy Program for Seniors (GAPS) created pursuant to this article.  (4) "Medicare Part D Prescription Drug Plan" means a Prescription Drug Plan that has been approved by the Centers for Medicare and Medicaid Services (CMS) to provide Medicare Part D prescription drugs to Medicare beneficiaries in South Carolina.  (5) "GAPS Participating Medicare Part D Prescription Drug Plan" means Prescription Drug Plans that have executed a contract with the department to provide prescription drug coverage to eligible individuals during the annual Medicare Part D coverage gap.  HISTORY: 2003 Act No. 59, Section 1, eff June 18, 2003; 2006 Act No. 233, Section 1, eff February 21, 2006.
SC Code § 44-6-630 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 6 - Department Of Health And Human Services|Section 44-6-630. Creation of GAPS program; purpose.

 (A) There is created within the Department of Health and Human Services the Gap Assistance Pharmacy Program for Seniors (GAPS) program. The purpose of this program is to coordinate, beginning January 1, 2006, with Medicare Part D Prescription Drug Plans to provide to low-income seniors in this State assistance with costs for prescription drugs during the annual Medicare Part D coverage gap.  (B) The program must provide assistance with prescription drugs that:  (1) have been approved by the United States Food and Drug Administration; and  (2) are included in the enrollee's selected GAPS participating Medicare Part D Plan formulary.  HISTORY: 2003 Act No. 59, Section 1, eff June 18, 2003; 2006 Act No. 233, Section 1, eff February 21, 2006.
SC Code § 44-6-640 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 6 - Department Of Health And Human Services|Section 44-6-640. Administration of program; assistance of other agencies or organizations; enrollment fee.

 (A) This program must be administered by the Department of Health and Human Services. The department may designate, or enter into contracts with, other entities including, but not limited to, other states, other governmental purchasing pools, and nonprofit organizations to assist in the administration of this program.  (B) The department may establish an enrollment fee that must be used to fund the administration of this program.  (C) When requested by the department, other state agencies shall provide assistance or information necessary for the administration of this program.  HISTORY: 2003 Act No. 59, Section 1, eff June 18, 2003; 2006 Act No. 233, Section 1, eff February 21, 2006.
SC Code § 44-6-650 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 6 - Department Of Health And Human Services|Section 44-6-650. Eligibility; benefits.

 (A) To be eligible to enroll in this program a person must:  (1) have attained the age of sixty-five years;  (2) be a resident of this State;  (3) be enrolled in a GAPS participating Medicare Part D Drug Plan;  (4) satisfy annual income, resources, and other criteria established by the department;  (5) pay the enrollment fee, if any, as established by the department.  (B) An enrollee is entitled to benefits under this program during the coverage gap when the enrollee's annual prescription drug costs have reached the point that standard Medicare Part D benefits are no longer available. The GAPS benefits terminate when the enrollee's annual out-of-pocket prescription drug expenses have reached the point that catastrophic Medicare Part D benefits become available.  HISTORY: 2003 Act No. 59, Section 1, eff June 18, 2003; 2006 Act No. 233, Section 1, eff February 21, 2006.
SC Code § 44-6-660 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 6 - Department Of Health And Human Services|Section 44-6-660. Evaluation of cost effectiveness; annual report.

 (A) The department shall maintain data to allow evaluation of the cost effectiveness of the program.  (B) Beginning with fiscal year 2006-2007, the department shall include in its annual report, a report on the GAPS program.  HISTORY: 2003 Act No. 59, Section 1, eff June 18, 2003; 2006 Act No. 233, Section 1, eff February 21, 2006.
SC Code § 44-6-710 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 6 - Department Of Health And Human Services|Section 44-6-710. Treating application of person deemed ineligible because of Medicaid qualifying trust as undue hardship case.

 If an applicant for Medicaid for nursing home care would be ineligible because a trust established for the applicant was deemed a Medicaid qualifying trust or resources in the trust were deemed an improper transfer of resources, the person's application must be treated as a case of undue hardship under federal law if all of the criteria in Section 44-6-720 are met. For the purposes of this section, 'Medicaid qualifying trust' has the same meaning as set forth in 42 U.S.C. Section 1396a(k).  HISTORY: 1993 Act No. 164, Part II, Section 74A.
SC Code § 44-6-720 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 6 - Department Of Health And Human Services|Section 44-6-720. Requirements for qualifying for undue hardship waiver.

 (A) To be considered for a waiver due to undue hardship, the applicant must meet all other applicable eligibility criteria for assistance. If the federal "transfer of resources" rule set forth in 42 U.S.C. Section 1396p(c), as amended, applies to the applicant, then no undue hardship waiver may be granted until the period of ineligibility has expired. For the purposes of this subsection, the maximum length of ineligibility is extended to sixty months from the date of any improper transfer.  (B) The trust established for the applicant must meet the following criteria:  (1) the applicant's monthly gross income from all sources, without reference to the trust, exceeds the income eligibility standard for Medicaid then in effect but is less than the average private pay rate for nursing home care for the State;  (2) the property used to fund the trust is limited to monthly unearned income owned by the applicant, including any pension payment;  (3) the applicant and the state Medicaid program are the sole beneficiaries of the trust;  (4) the entire income and corpus of the trust, or as much as may be distributed each month without violating federal requirements for federal financial participation, must be distributed each month for expenses related to the applicant's nursing home care that are approved under the Medicaid program, except that:  (a) an amount reasonably necessary to maintain the existence of the trust, as approved by the Medicaid program, may be retained in the trust; and  (b) deductions may be distributed from the trust to the same extent deductions from the income of a nursing home resident who is not a trust beneficiary are allowed under the Medicaid program, which shall include:  (i) monthly personal needs allowance;  (ii) payments to the beneficiary's community spouse or dependent family members as provided and in accordance with state and federal law;  (iii) specified health insurance costs and special medical services provided under Title XIX of the federal "Social Security Act", 42 U.S.C. Section 1396a(r), as amended; and  (iv) other deductions provided in regulations of the State Health and Human Services Finance Commission;  (5) upon the death of the beneficiary, a remainder interest in the corpus of the trust passes to the State Health and Human Services Finance Commission. The commission shall remit the state share of the trust to the general fund; and  (6) the trust is not subject to modification by the beneficiary or the trustee without the approval of the state Medicaid program.  HISTORY: 1993 Act No. 164, Part II, Section 74A.
SC Code § 44-6-725 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 6 - Department Of Health And Human Services|Section 44-6-725. Promissory notes received by Medicaid applicant or recipient.

 Any promissory note received by a Medicaid applicant or recipient or the spouse of a Medicaid applicant or recipient in exchange for assets which if retained by the applicant or recipient or his spouse would cause the applicant or recipient to be ineligible for Medicaid benefits, shall, for Medicaid eligibility purposes, be deemed to be fully negotiable under the laws of this State unless it contains language plainly stating that it is not transferable under any circumstances. A promissory note will be considered valid for Medicaid purposes only if it is actuarially sound, requires monthly installments that fully amortize it over the life of the loan, and is free of any conditional or self-canceling clauses.  HISTORY: 2008 Act No. 353, Section 2, Pt 4.B, eff July 1, 2009.