reglab/housing_qa huggingface dataset:
SC Code § 44-66-70 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 66 - Adult Health Care Consent Act|Section 44-66-70. Person who makes health care decision for another not subject to civil or criminal liability, nor liable for costs of care; health care provider not subject to civil or criminal liability.

 (A) A person who in good faith makes a health care decision as provided in Section 44-66-30 is not subject to civil or criminal liability on account of the substance of the decision.  (B) A person who consents to health care as provided in Section 44-66-30 does not by virtue of that consent become liable for the costs of care provided to the patient.  (C) A health care provider who in good faith relies on a health care decision made by a person authorized under Section 44-66-30 is not subject to civil or criminal liability or disciplinary penalty on account of his reliance on the decision.  (D) A health care provider who in good faith provides health care pursuant to Sections 44-66-40 or 44-66-50 is not subject to civil or criminal liability or disciplinary penalty on account of the provision of care. However, this section does not affect a health care provider's liability arising from provision of care in a negligent manner.  HISTORY: 1990 Act No. 472, Section 1.
SC Code § 44-66-75 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 66 - Adult Health Care Consent Act|Section 44-66-75. Designating a family member with whom provider may discuss medical condition; exemptions.

 (A) A health care provider or the provider's agent shall provide on the patient information form or by electronic health records, the opportunity for the patient to designate a family member or other individual they choose as a person with whom the provider may discuss the patient's medical condition and treatment plan.  (B) The authorization provided for in subsection (A):  (1) satisfies the requirements of Title 42 of the Code of Federal Regulations, relating to public health, and the privacy rule of the Health Insurance Portability and Accountability Act of 1996 (HIPAA);  (2) must present the question in bold print and capitalized, or by electronic means: "DO YOU WANT TO DESIGNATE A FAMILY MEMBER OR OTHER INDIVIDUAL WITH WHOM THE PROVIDER MAY DISCUSS YOUR MEDICAL CONDITION? IF YES, WHOM?"; and  (3) must specify that the patient may revoke or modify an authorization with regard to any family member or other individual designated by the patient in the authorization and that the revocation or modification must be in writing.  (C) A health care provider may disclose information pursuant to an authorization unless the provider has actual knowledge that the authorization has been revoked or modified.  (D) A health care provider who in good faith discloses information in accordance with an authorization signed by a patient pursuant to this section is not subject to civil liability, criminal liability, or disciplinary sanctions because of this disclosure.  (E) Nothing in this section may be construed to:  (1) require a health care provider to disclose information that he otherwise may withhold or limit;  (2) limit or prevent a provider from disclosing information without written authorization from the patient if this disclosure is otherwise lawful or permissible;  (3) prohibit a provider from receiving and using information relevant to the safe and effective treatment of the patient from family members; and  (4) conflict with an individual's health care power of attorney as provided for in the South Carolina Probate Code.  (F) Notwithstanding any other provision of this chapter, this section does not apply to nursing homes, as defined in Section 44-7-130 or a dentist, dental hygienist, or dental technician licensed or registered in Chapter 15, Title 40.  HISTORY: 2013 Act No. 39, Section 1, eff January 1, 2014.
SC Code § 44-66-80 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 66 - Adult Health Care Consent Act|Section 44-66-80. Other laws mandating or allowing testing or treatment without consent unaffected.

 No provision in this chapter affects the ability of a state agency or health care provider working in conjunction with a state agency to conduct testing or provide treatment which is mandated or allowed by other provisions of law.  HISTORY: 1990 Act No. 472, Section 1.
SC Code § 44-69-10 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 69 - Licensure Of Home Health Agencies|Section 44-69-10. Short title.

 This chapter may be cited as the "Licensure of Home Health Agencies Act".  HISTORY: 1978 Act No. 548 Section 1.
SC Code § 44-69-40 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 69 - Licensure Of Home Health Agencies|Section 44-69-40. Application for license.

 A person desiring to obtain a license shall file with the Department an application on a form prescribed, prepared and furnished by the Department.  HISTORY: 1978 Act No. 548 Section 4.
SC Code § 44-69-50 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 69 - Licensure Of Home Health Agencies|Section 44-69-50. Fees.

 Reasonable fees shall be established by the Board. Such fees shall be paid into the State Treasury or refunded to the applicant if the license is denied. Governmental home health agencies are exempt from payment of license fees.  HISTORY: 1978 Act No. 548 Section 5.
SC Code § 44-69-60 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 69 - Licensure Of Home Health Agencies|Section 44-69-60. Regulations.

 The Department shall promulgate regulations which define standards for the care, treatment, health, safety, welfare and comfort of patients served by home health agencies and for the maintenance and operation of home health agencies which will promote safe and adequate care and treatment of the patients. These regulations shall include, but not be limited to, provisions for the geographical area to be served, giving consideration to underserved areas, provisions requiring the agency to have policies established by a professional group, including at least one physician and one registered nurse; provisions governing the services the agency provides; provisions for the supervision of services by a physician or registered nurse as appropriate and maintenance of clinical records on all patients, including a plan of treatment prescribed by a physician. The Department is authorized to issue, deny, suspend or revoke licenses in accordance with regulations promulgated pursuant to this section. Such regulations shall also include hearing procedures related to denial, suspension, or revocation of licenses.  HISTORY: 1978 Act No. 548 Section 6.
SC Code § 44-69-70 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 69 - Licensure Of Home Health Agencies|Section 44-69-70. Annual inspections.

 Each home health agency for which a license has been issued shall be inspected by an authorized representative of the department at least once a year. Such inspections shall be for the purpose of ensuring that the provisions of this chapter are being followed. The department is directed to ensure by inspection that the licensee is providing quality care to its patients in accordance with the orders of the patient's physician.  HISTORY: 1978 Act No. 548 Section 7.
SC Code § 44-69-75 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 69 - Licensure Of Home Health Agencies|Section 44-69-75. Certificate of need; exemption of home health services providers.

 (A) A home health agency shall obtain a certificate of need before licensure. Procedures for applying for a certificate must be in accordance with the "State Certification of Need and Health Facility Licensure Act". No certificate is required for home health agencies providing home health services before July 1, 1980.  (B) A continuing care retirement community licensed pursuant to Title 37, Chapter 11, may provide home health services and is exempt from subsection (A) if:  (1) the continuing care retirement community furnishes or offers to furnish home health services only to residents who reside in living units provided by the continuing care retirement community pursuant to a continuing care contract;  (2) the continuing care retirement community maintains a current license and meets applicable home health agency licensing standards;  (3) residents of the continuing care retirement community may choose to obtain home health services from other licensed home health agencies.  Staff from other areas of the continuing care retirement community may deliver the home health services, but at no time may staffing levels in any area of the continuing care retirement community fall below minimum licensing standards or impair the services provided.  If the continuing care retirement community includes charges for home health services in its base contract, it is prohibited from billing additional fees for those services. Continuing care retirement communities certified for Medicare or Medicaid, or both, must comply with governmental reimbursement requirements concerning charges for home health services.  For purposes of this subsection "resident", "living unit", and "continuing care contract" have the same meanings as provided in Section 37-11-20.  (C) Subsection (B) applies only to multi-level continuing care retirement communities which incorporate a skilled nursing facility.  (D) The continuing care retirement community shall not bill in excess of its costs. These costs will be determined on nonfacility-based Medicare and/or Medicaid standards.  HISTORY: 1980 Act No. 321; 1996 Act No. 381, Section 2.
SC Code § 44-69-77 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 69 - Licensure Of Home Health Agencies|Section 44-69-77. Sharing of administration, supervision, and services.

 If a continuing care retirement community licensed pursuant to Title 37, Chapter 11 operates a home health agency licensed pursuant to this chapter and a nursing home licensed pursuant to Title 44, Chapter 7, Article 3, the department shall:  (1) allow the home health agency and nursing home to share administration, supervision, and services to the extent the department determines that sharing does not or will not reduce the care, treatment, health, safety, welfare, and comfort of patients served by the home health agency and the nursing home; and  (2) coordinate, to the extent feasible, annual licensing inspections.  HISTORY: 1996 Act No. 381, Section 1.
SC Code § 44-69-80 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 69 - Licensure Of Home Health Agencies|Section 44-69-80. Discrimination prohibited.

 Home health agencies shall not discriminate based on age, sex, race, color, or source of payment in the recruitment, location of patient, acceptance or provision of goods and services to patients or potential patients, provided that payment offered is not less than the cost of providing services.  HISTORY: 1978 Act No. 548 Section 8.
SC Code § 44-69-90 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 69 - Licensure Of Home Health Agencies|Section 44-69-90. Rebates, kickbacks, and fee-splitting prohibited.

 Home health agencies shall not participate in, or offer, or imply an offer to participate in the practice known generally as rebate, kickbacks, or fee-splitting arrangements.  HISTORY: 1978 Act No. 548 Section 9.
SC Code § 44-69-100 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 69 - Licensure Of Home Health Agencies|Section 44-69-100. Penalties.

 Any person who violates the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction shall be fined not to exceed five hundred dollars or imprisoned for a period not to exceed six months or both.  HISTORY: 1978 Act No. 548 Section 10.
SC Code § 44-70-10 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 70 - Licensure Of In-home Care Providers Act|Section 44-70-10. Short title.

 This chapter may be cited as the "Licensure of In-Home Care Providers Act".  HISTORY: 2011 Act No. 18, Section 1, eff May 11, 2011.
SC Code § 44-70-20 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 70 - Licensure Of In-home Care Providers Act|Section 44-70-20. Definitions.

 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 business entity, corporation, or association, whether operated for profit or not for profit, that for compensation directly provides or makes provision for in-home care services through its own employees or agents or through contractual arrangements with independent contractors or through referral of other persons to render in-home care services when the individual making the referral has a financial interest in the delivery of those services by those other persons who would deliver those services. An in-home care provider does not include:  (a) a home health agency or hospice or an entity licensed pursuant to Section 44-7-260; or  (b) an individual or agency who provides only a house cleaning service; or  (c) a direct care entity defined by Section 44-7-2910 (B)(1)(e), a direct caregiver or caregiver defined by Section 44-7-2910 (B)(2)(e), or an individual who provides a service or services defined by Section 44-21-60;  (d) an individual hired directly by the person receiving care or hired by his family; or  (e) a church or another religious institution recognized as a 501(c)(3) organization by the Internal Revenue Service that provides in-home care services without compensation or for a nominal fee collected to cover incidental expenses directly related to such care.  HISTORY: 2011 Act No. 18, Section 1, eff May 11, 2011.
SC Code § 44-70-30 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 70 - Licensure Of In-home Care Providers Act|Section 44-70-30. License required.

 An in-home care provider must apply for and obtain a license issued by the department that is effective for a specified time period following the date of issue as determined by the department.  HISTORY: 2011 Act No. 18, Section 1, eff May 11, 2011.  Editor's Note  2011 Act No. 18, Section 3, provides as follows:  "This act takes effect upon approval by the Governor, except the licensure requirements of Section 44-70-30 of the 1976 Code, as added by Section 1 of this act, become effective upon the effective date of regulations promulgated by the Department of Health and Environmental Control pursuant to Section 44-70-40, as added by Section 1 of this act."
SC Code § 44-70-40 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 70 - Licensure Of In-home Care Providers Act|Section 44-70-40. Regulations.

 The department shall promulgate regulations for the licensure of in-home care providers. The department must include the following standards and procedures in developing regulations:  (1) license application and renewal procedures;  (2) criminal record checks for licensure applicants, which may include criminal offenses that preclude licensure;  (3) drug testing of licensure applicants;  (4) responsibilities and duties of a licensee, including requirements for bonding, record keeping, and reporting;  (5) fees the department may charge to process an application for a license, the issuance of a license, the renewal of a license, and the reinstatement of a revoked or suspended license;  (6) criteria that a licensee's employee, agent, independent contractor, or referral must satisfy before providing in-home care service. These criteria must include, but are not limited to, personal information, completion of a minimum education requirement, completion of minimum training and continuing education requirements, and screening for communicable diseases;  (7) standards for liability and other appropriate insurance coverage; and  (8) 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. Sanctions imposed may be appealed pursuant to Section 44-1-60.  HISTORY: 2011 Act No. 18, Section 1, eff May 11, 2011.  Editor's Note  2011 Act No. 18, Section 3, provides as follows:  "This act takes effect upon approval by the Governor, except the licensure requirements of Section 44-70-30 of the 1976 Code, as added by Section 1 of this act, become effective upon the effective date of regulations promulgated by the Department of Health and Environmental Control pursuant to Section 44-70-40, as added by Section 1 of this act."
SC Code § 44-70-50 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 70 - Licensure Of In-home Care Providers Act|Section 44-70-50. Prohibition on transfer or assignment of license; suspension or revocation.

 A license to operate as an in-home care provider is:  (1) not transferable or assignable; and  (2) subject to suspension or revocation for failure to comply with a provision of this chapter or regulations promulgated by the department.  HISTORY: 2011 Act No. 18, Section 1, eff May 11, 2011.
SC Code § 44-70-60 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 70 - Licensure Of In-home Care Providers Act|Section 44-70-60. Criminal record check; drug test.

 (A) Before becoming licensed as an in-home care provider, a person must undergo a criminal record check as provided for in regulations promulgated by the department pursuant to Section 44-70-40 and submit to a drug test.  (B) Before being employed as an in-home caregiver by a licensed in-home care provider, a person shall undergo a criminal record check as provided for in Section 44-7-2910 and submit to a drug test.  HISTORY: 2011 Act No. 18, Section 1, eff May 11, 2011.
SC Code § 44-70-70 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 70 - Licensure Of In-home Care Providers Act|Section 44-70-70. Random drug testing.

 A licensed in-home provider and an individual employed as an in-home caregiver by a licensed in-home care provider are subject to random drug testing.  HISTORY: 2011 Act No. 18, Section 1, eff May 11, 2011.
SC Code § 44-70-80 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 70 - Licensure Of In-home Care Providers Act|Section 44-70-80. Use of fees collected.

 Fees collected pursuant to this chapter must be retained by the department and credited to a separate and distinct account to be used exclusively by the department to carry out its responsibilities under this chapter.  HISTORY: 2011 Act No. 18, Section 1, eff May 11, 2011.
SC Code § 44-71-10 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 71 - Licensure Of Hospice Programs|Section 44-71-10. Short title.

 This chapter may be cited as the "Quality Hospice Programs Act".  HISTORY: 1983 Act No. 13 Section 1; 2017 Act No. 61 (H.3132), Section 1, eff May 19, 2017.  Effect of Amendment  2017 Act No. 61, Section 1, substituted "Quality Hospice Programs Act" for "Hospice Licensure Act".
SC Code § 44-71-20 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 71 - Licensure Of Hospice Programs|Section 44-71-20. Definitions.

 As used in this chapter:  (1) "Board" means the South Carolina Board of Health and Environmental Control.  (2) "Department" means the South Carolina Department of Health and Environmental Control.  (3) "Hospice" means a centrally administered, interdisciplinary health care program, which provides a continuum of medically supervised palliative and supportive care for the terminally ill patient and the family including, but not limited to, outpatient and inpatient services provided directly or through written agreement. Inpatient services include, but are not limited to, services provided by a hospice in a licensed hospice facility.  Admission to a hospice program of care is based on the voluntary request of the hospice patient alone or in conjunction with designated family members.  (4) "Hospice facility" means an institution, place, or building in which a licensed hospice provides room, board, and appropriate hospice services on a twenty-four hour basis to individuals requiring hospice care pursuant to the orders of a physician.  (5) "Licensee" means the individual, corporation, or public entity with whom rests the ultimate responsibility for maintaining approved standards for the hospice or hospice facility.  (6) "Multiple location" means a properly registered additional site, other than the licensed primary office, from which a parent hospice organization provides hospice services. "Multiple location" does not mean a "work station" as defined in item (9).  (7) "Parent hospice" means a properly licensed hospice that, in addition to its primary office, also provides hospice services from a multiple location as defined in item (6).  (8) "Primary office" means the main office of a hospice program from which a parent hospice provides hospice services to patients and their families and from which a parent hospice performs oversight, administrative, and coordination of care duties for any multiple location.  (9) "Work station" means a site operated within the licensed service area of a hospice solely for the convenience of the staff where they may conduct activities including, but not limited to, completing paperwork, checking messages, or storing equipment. These work stations must not have signage with an address or operating hours, must not be advertised, and must not be open to the public for any reason, such as to distribute supplies or to receive referrals.  HISTORY: 1983 Act No. 13 Section 2; 2000 Act No. 248, Section 4; 2017 Act No. 61 (H.3132), Section 1, eff May 19, 2017.  Effect of Amendment  2017 Act No. 61, Section 1, in (3), substituted "program, which provides" for "program. This program must provide"; added (6), relating to the definition of "multiple location"; added (7), relating to the definition of "parent hospice"; added (8), relating to the definition of "primary office"; and added (9), relating to the definition of "work station".