reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 7 - Medical And Hospital Care › Section 43-7-420. Assignment of rights to department; presumption of receipt of information regarding requirement for consequences or assignment.

(A) An applicant or recipient, only to the extent of the amount of the medical assistance paid by Medicaid, is considered to have assigned his right to recover an amount paid by Medicaid from a third party or private insurer to the department. This assignment shall not include rights to Medicare benefits. The applicant or recipient shall cooperate fully with the department in its efforts to enforce its assignment rights. The receipt of medical assistance by an applicant or recipient shall create a rebuttable presumption that the applicant or recipient received information regarding the requirements for and the consequences of assigning his right to recover from a third party or private insurer either from the department, or in the case of an applicant or recipient qualified by the Social Security Administration under Section 1634 of the Social Security Act, from the Social Security Administration.
(B) An applicant's and recipient's determination of, and continued eligibility for, medical assistance under Medicaid is contingent on his cooperation with the department in its efforts to enforce its assignment rights. Cooperation includes, but is not limited to, reimbursing the department from proceeds or payments received by the applicant or recipient from a third party or private insurer.
(C) An applicant or recipient is considered to have authorized all persons, including insurance companies and providers of medical care, to release to the department information needed to enforce the assignment rights of the department.
HISTORY: 1986 Act No. 516, Section 2, eff June 11, 1986; 2008 Act No. 348, Section 3, eff June 16, 2008.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 7 - Medical And Hospital Care › Section 43-7-430. Subrogation of rights to department.

(A) The department automatically is subrogated, only to the extent of the amount of medical assistance paid by Medicaid, to the rights an applicant or recipient has to recover an amount paid by Medicaid from a third party or private insurer. The applicant or recipient shall cooperate fully with the department and shall do nothing after medical assistance is provided to prejudice the subrogation rights of the department.
(B) An applicant's and recipient's determination of, and continued eligibility for, medical assistance under Medicaid is contingent on his cooperation with the department in its efforts to enforce its subrogation rights. Cooperation includes, but is not limited to, reimbursing the department from proceeds or payments received by the recipient from a third party or private insurer.
(C) An applicant or recipient is considered to have authorized all persons, including insurance companies and providers of medical care, to release to the department information needed to enforce the subrogation rights of the department.
HISTORY: 1986 Act No. 516, Section 3, eff June 11, 1986; 2008 Act No. 348, Section 4, eff June 16, 2008.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 7 - Medical And Hospital Care › Section 43-7-450. Claims or actions pending or brought before June 11, 1986.

Any claim or action pending or brought before June 11, 1986 may be completed and enforced as provided by law prior to June 11, 1986.
HISTORY: 1986 Act No. 516, Section 5, eff June 11, 1986.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 7 - Medical And Hospital Care › Section 43-7-465. Insurers providing coverage to persons receiving Medicaid; requirements for doing business in State.

A health insurer, including a self-insured plan, group health plan as defined in Section 607(1) of the Employee Retirement Income Security Act of 1974, service-benefit plan, managed-care organization, pharmacy benefit manager, or another party that is legally responsible by statute, contract, or agreement for payment of a claim for a health care item or service, as a condition of doing business in this State, shall:
(1) provide, with respect to an individual eligible for or receiving medical assistance under the state plan, on request of the single state agency, information to determine during what period the individual or his spouse or dependent may be, or may have been, covered by a health insurer and the nature of coverage provided or that may have been provided by the insurer in a manner prescribed by the secretary of the United States Department of Health and Human Services or by the single state agency. This information must include the insured's name, address, and the plan's identifying number;
(2) accept the state's right of recovery and the assignment to the State of an individual or another entity's right to payment for a health care item or service for which payment was made under the state plan;
(3) respond to an inquiry by the State regarding a claim for payment for a health care item or service submitted within three years of the date the item or service was provided;
(4) agree not to deny a claim submitted by the State solely on the basis of the date the claim was submitted, the type or format of claim form, or a failure to present proper documentation at the point of sale that provides the basis of the claim if:
(a) the claim is submitted by the State within the three-year period beginning on the date on which the item or service was furnished; and
(b) an action by the State to enforce its right with respect to the claim is commenced within six years of the state's submission of the claim.
HISTORY: 2008 Act No. 348, Section 1, eff June 16, 2008.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 21 - Division And Advisory Council On Aging › Section 43-21-10. Department on Aging created; Advisory Council on Aging; membership, qualifications; appointment; election of chair; compensation and meetings of council; rules and procedures.

There is created the Department on Aging. The department must be supported by an Advisory Council on Aging consisting of one member from each of the ten planning and service areas and five members from the State at large. The director of the department shall provide statewide notice that nominations may be submitted to the director from which the Governor shall appoint the members of the council. The members must be citizens of the State who have an interest in and a knowledge of the problems of an aging population. In making appointments to the council, consideration must be given to assure that the council is composed of appointees who are diverse in age, who are able and disabled, and who are active leaders in organizations and institutions that represent different concerns of older citizens and their families. The chair must be elected by the members of the advisory council from its members for a term of two years and until a successor is elected. Members of the council shall serve without compensation but shall receive mileage and subsistence authorized by law for members of boards, commissions, and committees. The advisory council shall meet at least once each quarter and special meetings may be called at the discretion of the director of the department. Rules and procedures must be adopted by the council for the governance of its operations and activities.
HISTORY: 1962 Code Section 71-300.21; 1971 (57) 385; 1986 Act No. 428, Section 1, eff July 1, 1986; 1993 Act No. 181, Section 1016, eff July 1, 1993; 1995 Act No. 30, Section 1, eff April 10, 1995; 2008 Act No. 273, Section 7, eff June 4, 2008; 2008 Act No. 353, Section 2, Pt 25C, eff July 1, 2009; 2018 Act No. 261 (S.107), Pt I, Section 6, eff January 1, 2019.
Effect of Amendment
2018 Act No. 261, Section 6, in the first sentence, substituted "the Department on Aging" for "in the Office of the Lieutenant Governor, the Division on Aging"; in the second sentence, substituted "The department" for "The division" and deleted "under the Division on Aging" following "planning and service areas"; in the third sentence, substituted "The director of the department" for "The director of the division" and substituted "Governor" for "Lieutenant Governor" following "to the director from which the"; and in the eighth sentence, substituted "department" for "division" at the end.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 21 - Division And Advisory Council On Aging › Section 43-21-20. Terms of members; vacancies; termination of appointments.

The members of the advisory council shall serve for terms of four years and until their successors are appointed and qualify. The terms of the members expire on June thirtieth and all vacancies must be filled in the manner of the original appointment for the unexpired portion of the term only. No member may serve more than two consecutive terms.
The Governor may terminate a member of the council for any reason pursuant to the provisions of Section 1-3-240, and the reason for the termination must be communicated to each member of the council.
HISTORY: 1962 Code Section 71-300.22; 1971 (57) 385; 1986 Act No. 428, Section 2, eff July 1, 1986; 1993 Act No. 181, Section 1017, eff July 1, 1993; 1995 Act No. 30, Section 2; 2008 Act No. 353, Section 2, Pt 25C, eff July 1, 2009; 2018 Act No. 261 (S.107), Pt I, Section 7, eff January 1, 2019.
Effect of Amendment
2018 Act No. 261, Section 7, in the second undesignated paragraph, substituted "The Governor" for "The Lieutenant Governor".
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 21 - Division And Advisory Council On Aging › Section 43-21-30. Reserved.

Editor's Note
2008 Act No. 353, Section 2 Pt 25. C, effective July 1, 2009, designated this section as "Reserved."
Former Section 43-21-30, repealed by 1993 Act No. 181, Section 1617(A), was entitled "Meeting; quorum; vice-chairman and other officers; bylaws", was derived from 1986 Act No. 428, Section 3, and pertained to the Commission on Aging.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 21 - Division And Advisory Council On Aging › Section 43-21-45. Area agencies on aging; focal points; duties of focal points.

The Department on Aging shall designate area agencies on aging, and area agencies on aging shall designate focal points. Focal points shall provide leadership on aging issues in their respective communities and shall carry out a comprehensive service system for older adults or shall coordinate with a comprehensive service system in providing services for older adults. The area agencies on aging represent the regional level of the state aging network and the focal points represent the local level of the state aging network.
HISTORY: 1994 Act No. 336, Section 1, eff April 20, 1994; 2008 Act No. 353, Section 2, Pt 25C, eff July 1, 2009; 2018 Act No. 261 (S.107), Pt I, Section 8, eff January 1, 2019.
Effect of Amendment
2018 Act No. 261, Section 8, in the first sentence, substituted "The Department on Aging shall" for "The Office of the Lieutenant Governor, Division on Aging, shall", and made a nonsubstantive change.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 21 - Division And Advisory Council On Aging › Section 43-21-50. Receipt of grants-in-aid, gifts or the like; title to property received.

The department may receive on behalf of the State any grant or grant-in-aid from government sources, or any grant, gift, bequest, or devise from any other source. Title to all funds and other property received pursuant to this section shall vest in the State unless otherwise specified by the grantor.
HISTORY: 1962 Code Section 71-300.25; 1971 (57) 385; 1993 Act No. 181, Section 1019, eff July 1, 1993; 2008 Act No. 353, Section 2, Pt 25C, eff July 1, 2009.
Code Commissioner's Note
At the direction of the Code Commissioner, references to "Department on Aging" and "department" were substituted for "Division on Aging" and "division" to comply with amendments made by 2018 Act No. 261.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 21 - Division And Advisory Council On Aging › Section 43-21-60. Submission and contents of annual report.

The Department on Aging shall submit an annual report to the Governor and to the General Assembly on or before January first of each year. The report shall deal with the present and future needs of the elderly and with the work of the department during the year.
HISTORY: 1962 Code Section 71-300.26; 1971 (57) 385; 1986 Act No. 428, Section 4, eff July 1, 1986; 1993 Act No. 181, Section 1020, eff July 1, 1993; 2008 Act No. 353, Section 2, Pt 25C, eff July 1, 2009; 2018 Act No. 261 (S.107), Pt I, Section 9, eff January 1, 2019.
Effect of Amendment
2018 Act No. 261, Section 9, in the first sentence, substituted "The Department on Aging" for "The division" and "Governor" for "Lieutenant Governor", and in the second sentence, substituted "department" for "division".
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 21 - Division And Advisory Council On Aging › Section 43-21-70. Employment of director.

The Governor shall appoint with the advice and consent of the Senate a director to be the administrative officer of the Department on Aging who shall serve at the Governor's pleasure and who is subject to removal pursuant to the provisions of Section 1-3-240.
HISTORY: 1962 Code Section 71-300.27; 1971 (57) 385; 1986 Act No. 428, Section 5, eff July 1, 1986; 1993 Act No. 181, Section 1021, eff July 1, 1993; 2008 Act No. 353, Section 2, Pt 25C, eff July 1, 2009; 2018 Act No. 261 (S.107), Pt I, Section 10, eff January 1, 2019.
Effect of Amendment
2018 Act No. 261, Section 10, rewrote the section.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 21 - Division And Advisory Council On Aging › Section 43-21-80. Appointment and compensation of personnel and consultants.

The director shall appoint any other personnel and consultants considered necessary for the efficient performance of the duties prescribed by this chapter and shall fix the compensation therefore in accordance with the Human Resource Management Division of the State Department of Administration and Merit System requirements.
HISTORY: 1962 Code Section 71-300.28; 1971 (57) 385; 1986 Act No. 428, Section 6, eff July 1, 1986; 1993 Act No. 181, Section 1022, eff July 1, 1993; 2008 Act No. 353, Section 2, Pt 25C, eff July 1, 2009.
Code Commissioner's Note
At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, Section 5(D)(1), effective July 1, 2015.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 21 - Division And Advisory Council On Aging › Section 43-21-100. Preparation and approval of budget.

The Department on Aging shall prepare the budget for its operation which must be submitted to the Governor and to the General Assembly for approval.
HISTORY: 1962 Code Section 71-300.29; 1971 (57) 385; 1986 Act No. 428, Section 7, eff July 1, 1986; 1993 Act No. 181, Section 1023, eff July 1, 1993; 2008 Act No. 353, Section 2, Pt 25C, eff July 1, 2009; 2018 Act No. 261 (S.107), Pt I, Section 11, eff January 1, 2019.
Effect of Amendment
2018 Act No. 261, Section 11, substituted "The Department on Aging" for "The division" and "Governor" and "Lieutenant Governor".
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 21 - Division And Advisory Council On Aging › Section 43-21-110. Annual appropriation.

The General Assembly shall provide an annual appropriation to carry out the work of the commission.
HISTORY: 1962 Code Section 71-300.30; 1971 (57) 385; 2008 Act No. 353, Section 2, Pt 25C, eff July 1, 2009.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 21 - Division And Advisory Council On Aging › Section 43-21-120. Coordinating council.

There is created the Coordinating Council to the Department on Aging to work with the department on the coordination of programs related to the field of aging, and to advise and make pertinent recommendations, composed of the following: the Director of the Department of Health and Environmental Control, the State Director of Social Services, the Director of the Department of Mental Health, the Superintendent of Education, the Director of the State Department of Labor, Licensing and Regulation, the Executive Director of the South Carolina State Department of Employment and Workforce, the Secretary of Commerce, the Commissioner of the State Department of Vocational Rehabilitation, the Director of the Clemson University Extension Service, the Director of the South Carolina Department of Parks, Recreation and Tourism, the Director of the South Carolina Retirement System, the Executive Director of the South Carolina Municipal Association, the Executive Director of the State Office of Economic Opportunity, the Executive Director of the South Carolina Association of Counties, the Commissioner of the Commission for the Blind, the Director of the Department of Health and Human Services, the Director of the Department of Alcohol and Other Drug Abuse Services, and the Chairperson of the Commission on Women.
The council shall meet at least once each six months and special meetings may be called at the discretion of the chairman or upon request of a majority of the members.
The chairman of the advisory commission and the director of the Department on Aging, who shall serve as secretary to the council, shall attend the meetings of the council.
The director of each agency or department making up the council shall serve as chairman of the council for a term of one year. The office of chairman is held in the order in which the membership of the council is listed in this section.
HISTORY: 1962 Code Section 71-300.31; 1971 (57) 385; 1972 (57) 2382; 1986 Act No. 428, Section 8, eff July 1, 1986; 1993 Act No. 181, Section 1024, eff July 1, 1993; 1994 Act No. 361, Section 8, eff May 3, 1994; 2008 Act No. 353, Section 2, Pt 25C, eff July 1, 2009.
Code Commissioner's Note
At the direction of the Code Commissioner, references to "Department on Aging" and "department" were substituted for "Division on Aging" and "division" to comply with amendments made by 2018 Act No. 261.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 21 - Division And Advisory Council On Aging › Section 43-21-130. Long Term Care Council; membership; meetings; reports.

(A) There is created the Long Term Care Council (council) composed of the following voting members:
(1) the Governor or his designee;
(2) the Director of the Department of Social Services;
(3) the Director of the Department of Health and Environmental Control;
(4) the Director of the Department of Mental Health;
(5) the Director of the Department of Disabilities and Special Needs;
(6) the Director of the Division on Aging;
(7) the Director of the Department of Health and Human Services;
(8) the Chairman of the Joint Legislative Health Care Planning and Oversight Committee, or his designee;
(9) the Chairman of the Joint Legislative Committee on Aging, or his designee;
(10) one representative of each of the following groups appointed by the Lieutenant Governor annually:
(a) long term care providers;
(b) long term care consumers;
(c) persons in the insurance industry developing or marketing a long term care product.
(B) Each director serving as a council member may authorize in writing a designee to vote on his behalf at two meetings a year. Members appointed by the Lieutenant Governor to represent private groups serve without compensation.
(C) The council shall meet at least quarterly, provide for its own officers, and make an annual report to the General Assembly before January second each year. This report must include new council recommendations.
HISTORY: 1987 Act No. 174 Section 1, eff June 30, 1987; 1991 Act No. 37, Section 1, eff April 24, 1991; 1993 Act No. 181, Section 1025, eff July 1, 1993; 2008 Act No. 353, Section 2, Pt 25C, eff July 1, 2009; 2018 Act No. 261 (S.107), Pt I, Section 12, eff January 1, 2019.
Effect of Amendment
2018 Act No. 261, Section 12, in (A)(1), substituted "the Governor" for "the Lieutenant Governor".
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 21 - Division And Advisory Council On Aging › Section 43-21-140. Purpose and duties of council.

The council has no authority to direct or require any implementing action from any member agency. The council shall identify future policy issues in long term care and may conduct research and demonstration activities related to these issues. Through close coordination of each member agency's planning efforts, the council shall develop recommendations for a statewide service delivery system for all health-impaired elderly or disabled persons, regardless of the persons' resources or source of payment. These recommendations must be updated annually as needed. The service delivery system must provide for:
(1) charges based on ability to pay for persons not eligible for Medicaid;
(2) coordination of community services;
(3) access to and receipt of an appropriate mix of long term care services for all health-impaired elderly or disabled persons;
(4) case management; and
(5) discharge planning and services.
The council, through its member agencies, shall study and make recommendations concerning the costs and benefits of: adult day care centers, in-home and institutional respite care, adult foster homes, incentives for families to provide in-home care, such as cash assistance, tax credits or deductions, and home-delivered services to aid families caring for chronically impaired elderly relatives.
HISTORY: 1987 Act No. 174 Section 1, eff June 30, 1987; 2008 Act No. 353, Section 2, Pt 25C, eff July 1, 2009.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 21 - Division And Advisory Council On Aging › Section 43-21-150. Educational and informational program.

The Department on Aging, with the cooperation of the Long Term Care Council and the Department of Insurance, shall develop and implement a program to educate citizens concerning:
(a) the availability of long term care services;
(b) the lifetime risk of spending some time in a nursing home;
(c) the coverage available for long term care services through Medicare, Medicaid, and private insurance policies, and the limitations of this coverage; and
(d) the availability of home equity conversion alternatives, such as reverse annuity mortgages and sale-leaseback arrangements, in this State and the risks and benefits of these alternatives.
This program must be made a part of the Preretirement Education Program of the South Carolina Retirement Systems.
HISTORY: 1987 Act No. 165 Section 1, eff June 10, 1987; 1993 Act No. 181, Section 1026, eff July 1, 1993; 2008 Act No. 353, Section 2, Pt 25C, eff July 1, 2009.
Code Commissioner's Note
At the direction of the Code Commissioner, references to "Department on Aging" and "department" were substituted for "Division on Aging" and "division" to comply with amendments made by 2018 Act No. 261.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 21 - Division And Advisory Council On Aging › Section 43-21-160. Eldercare Trust Fund created; funding; purpose; administration.

(A) There is created the Eldercare Trust Fund of South Carolina to be administered by the South Carolina Department on Aging.
(B) All monies received from the voluntary contribution system established in Section 12-7-2419 or any other contribution, gift, or bequest must be placed on deposit with the State Treasurer in an interest-bearing account.
(C) These funds must be used to award grants to public and private nonprofit agencies and organizations to establish and administer innovative programs and services that assist older persons to remain in their homes and communities with maximum independence and dignity.
(D) The Eldercare Trust Fund shall supplement and augment programs and services provided by or through state agencies but may not take the place of these programs and services.
(E) The South Carolina Department on Aging shall carry out all activities necessary to administer the fund.
HISTORY: 1992 Act No. 501, Part II Section 62B, eff July 1, 1992; 1993 Act No. 181, Section 1027, eff July 1, 1993; 2008 Act No. 353, Section 2, Pt 25C, eff July 1, 2009.
Code Commissioner's Note
At the direction of the Code Commissioner, references to "Department on Aging" and "department" were substituted for "Division on Aging" and "division" to comply with amendments made by 2018 Act No. 261.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 21 - Division And Advisory Council On Aging › Section 43-21-170. Administration of Eldercare Trust Fund; powers of department.

In administering the Eldercare Trust Fund, the department may, but is not limited to:
(1) assess the critical needs of the frail elderly and establish priorities for meeting these needs;
(2) receive gifts, bequests, and devises for deposit and investment into the trust fund for awarding grants to public and private nonprofit organizations;
(3) solicit proposals for programs that are aimed at meeting identified service needs;
(4) provide technical assistance to public and private nonprofit organizations, when requested, in preparing proposals for submission;
(5) establish criteria for awarding grants; and
(6) enter into contracts for the awarding of grants to public and private nonprofit organizations.
HISTORY: 1992 Act No. 501, Part II Section 62B, eff July 1, 1992; 1993 Act No. 181, Section 1028, eff July 1, 1993; 2008 Act No. 353, Section 2, Pt 25C, eff July 1, 2009.
Code Commissioner's Note
At the direction of the Code Commissioner, references to "Department on Aging" and "department" were substituted for "Division on Aging" and "division" to comply with amendments made by 2018 Act No. 261.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 21 - Division And Advisory Council On Aging › Section 43-21-180. Portion of fund available for disbursement.

Funds deposited in the trust fund and all earnings from the investment of these funds, after allowances for operating expenses, are available for disbursement upon authorization of the department. However, in any year in which more than two hundred thousand dollars is deposited in the trust fund, twenty-five percent of the amount over two hundred thousand dollars and earnings from the investment of these funds must be placed in a separate account. When the assets of this separate account exceed five million dollars, no further deposits are required to be made to the separate account and all future earnings from the investment of the monies in this separate account also are available for distribution upon authorization of the department.
HISTORY: 1992 Act No. 501, Part II Section 62B, eff July 1, 1992; 1993 Act No. 181, Section 1029, eff July 1, 1993; 1995 Act No. 10, Section 1, eff March 7, 1995; 2008 Act No. 353, Section 2, Pt 25C, eff July 1, 2009.
Code Commissioner's Note
At the direction of the Code Commissioner, references to "Department on Aging" and "department" were substituted for "Division on Aging" and "division" to comply with amendments made by 2018 Act No. 261.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 21 - Division And Advisory Council On Aging › Section 43-21-190. Model legislature on aging issues.

There is created a model legislature on aging issues to be administered by the South Carolina Silver Haired Legislature, Inc. This model legislature shall:
(1) identify issues, concerns, and possible solutions for problems facing the aging population in South Carolina;
(2) make recommendations to the Governor and members of the General Assembly and to the Joint Legislative Committee on Aging;
(3) arrange educational forums to explore issues related to older South Carolinians;
(4) promote good government for all South Carolinians.
The participants must be sixty years of age or older and must be selected pursuant to procedures adopted by the South Carolina Silver Haired Legislature, Inc. in coordination with the state's network of aging programs.
The nonpartisan model legislature shall conduct its general assembly annually.
HISTORY: 1999 Act No. 84, Section 1, eff June 11, 1999; 2008 Act No. 353, Section 2, Pt 25C, eff July 1, 2009; 2018 Act No. 261 (S.107), Pt I, Section 13, eff January 1, 2019.
Effect of Amendment
2018 Act No. 261, Section 13, in (2), substituted "the Governor" for "the Lieutenant Governor".
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 25 - Commission For The Blind › Section 43-25-10. Commission for the Blind created; membership; qualifications and terms of members; meetings; officers; compensation.

There is created the South Carolina Commission for the Blind. The commission shall consist of seven members, one from each of the seven congressional districts, of whom three shall meet the legal definition of blindness as defined in Section 43-25-20. The Governor shall, with the advice and consent of the Senate, appoint the members of the commission for terms of four years and until their successors are appointed and qualify. All vacancies must be filled in the manner of the original appointment for the unexpired portion of the term only. The members of the commission shall elect one of its members as chairman for a term of two years or until his successor has been elected. The chairman shall preside at the regular meetings of the commission to be held at least once each year. The chairman may call a meeting when he considers it necessary to be held at a time to be determined by the commission. The commission shall appoint a commissioner and other officers as the commission considers necessary, none of whom may be a member of the commission, and shall fix the compensation and prescribe the duties of these appointees. The members of the commission shall receive no salary but must be allowed the usual mileage, subsistence, and per diem as authorized by law for commissions, committees, and boards.
HISTORY: 1962 Code Section 71-291; 1966 (54) 2325; 1975 (59) 150; 2012 Act No. 279, Section 15, eff June 26, 2012; 2018 Act No. 239 (H.3440), Section 1, eff May 17, 2018; 2022 Act No. 121 (S.430), Section 1, eff March 14, 2022.
Editor's Note
2012 Act No. 279, Section 33, provides as follows:
"Due to the congressional redistricting, any person elected or appointed to serve, or serving, as a member of any board, commission, or committee to represent a congressional district, whose residency is transferred to another district by a change in the composition of the district, may serve, or continue to serve, the term of office for which he was elected or appointed; however, the appointing or electing authority shall appoint or elect an additional member on that board, commission, or committee from the district which loses a resident member as a result of the transfer to serve until the term of the transferred member expires. When a vacancy occurs in the district to which a member has been transferred, the vacancy must not be filled until the full term of the transferred member expires. Further, the inability to hold an election or to make an appointment due to judicial review of the congressional districts does not constitute a vacancy."
Effect of Amendment
2018 Act No. 239, Section 1, in the second sentence, substituted "meet the legal definition of blindness as defined in Section 43-25-20" for "have a visual acuity not to exceed 20/20".
2022 Act No. 121, Section 1, in the second sentence, substituted "congressional districts" for "Congressional Districts", and in the sixth sentence, substituted "year" for "month".
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 25 - Commission For The Blind › Section 43-25-20. "Blindness" and "severe visual disability" as criteria for acceptance for services for persons who qualify.

For purposes of this chapter, "blindness" and "severe visual disability" are the criteria for acceptance for services for persons who qualify.
(1) "Blindness" is defined as that level of central visual acuity, 20/200 or less in the better eye with correcting glasses, or a disqualifying field defect in which the peripheral field has contracted to such an extent that the widest diameter of visual field subtends an angular distance no greater than twenty degrees and which is sufficient to incapacitate him for self-support, or an eighty per cent loss of visual efficiency resulting from visual impairment in more than one function of the eye, including visual acuity for distance and near, visual fields, ocular, mobility, and other ocular functions and disturbances.
(2) "Severe visual disability" is defined as any progressive pathological condition of the eye or eyes supported by acceptable eye examination, which in the opinion of the examiner may or will result in legal blindness within twenty-four months.
HISTORY: 1962 Code Section 71-292; 1966 (54) 2325; 1974 (58) 2090.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 25 - Commission For The Blind › Section 43-25-30. Powers and duties of commission.

The commission shall:
(1) Promulgate rules and regulations as may be necessary to carry out the provisions of this chapter.
(2) Apply for, receive and expend monies from all governmental agencies, both State and Federal; and accept gifts, grants, donations, devises and bequests made for providing aid to the visually handicapped, including expenses of administration. All such funds shall be paid into the State Treasury.
(3) Submit to the Governor and publish an annual report showing the total amount of money disbursed, the total number of blind and visually handicapped persons who received services, and such other information as may be deemed advisable.
(4) Maintain a complete register of persons whose vision, with correcting lenses, does not exceed 20/200 which shall also include the conditions, cause of loss of sight, capacity for educational and industrial training of each, and other pertinent facts.
(5) Maintain bureaus of information and industrial aid to assist the visually handicapped in finding employment and to teach them industries which may be followed in their homes, and to assist them in whatever manner may seem advisable to the commission in disposing of the products of their home industry.
(6) Make inquiries concerning the cause of loss of sight, learn what proportion of these cases are preventable and inaugurate and cooperate with the State in any measure as may seem wise.
(7) Cooperate with the State Department of Health and Environmental Control in the adoption and enforcement of proper preventive measures.
(8) Establish, equip and maintain a center for vocational, industrial and other training and employ qualified instructors. The center shall provide for orientation and adjustment for the visually handicapped. Training in such centers shall be limited to persons deemed eligible by the commission.
(9) Supervise and control all concession stands established and operated formerly by the State Department of Social Services and all concession stands established by the commission.
(10) Have the authority to enter into contracts with owners of private property for the purpose of installing concession stands which shall be under the control of the commission.
(11) Establish, supervise and render totally operative and effective prevention of loss of sight programs using such facilities in the State as the commission may deem necessary including a mobile ophthalmological laboratory and office.
(12) Assist in the furtherance of the purposes of Section 44-7-10.
HISTORY: 1962 Code Section 71-293; 1966 (54) 2325; 1972 (57) 2382; 2018 Act No. 239 (H.3440), Section 2, eff May 17, 2018.
Effect of Amendment
2018 Act No. 239, Section 2, in (12), substituted "Section 44-7-10" for "Sections 44-43-110 to 44-43-160 and 44-7-10".
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 25 - Commission For The Blind › Section 43-25-40. Commission shall establish application procedure; register of ophthalmologists; commission shall pay examination costs.

The commission shall designate the procedure to be followed and shall establish a register of ophthalmologists from which the applicant may select one to conduct a competent medical examination for determining the extent of his visual handicap. The commission shall pay for such examination.
HISTORY: 1962 Code Section 71-294; 1966 (54) 2325.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 25 - Commission For The Blind › Section 43-25-50. Eye examinations and medical and surgical treatment for visually handicapped persons; reports of results.

The commission may arrange for the examination of the eyes of visually handicapped persons and may secure and pay for medical and surgical treatment for such persons whenever in the judgment of an ophthalmologist the eyes of such person may be benefited thereby. Whenever, upon examination by an ophthalmologist any person is found to have no vision or vision with glasses which is so defective as to prevent the performance of ordinary activities for which eyesight is essential, such examining ophthalmologist shall, within thirty days, report the results of the examination to the commission.
HISTORY: 1962 Code Section 71-295; 1966 (54) 2325.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 25 - Commission For The Blind › Section 43-25-60. Itinerant counselors shall assist in schools; visually handicapped pupils shall be reported to commission.

The commission may employ qualified itinerant counselors to assist teachers in public or private schools who are responsible for the teaching of visually handicapped students. The itinerant counselor shall assist the public or private school teacher by providing methods and materials for teaching such student. The State Department of Education shall report to the commission the schools having visually handicapped students. All principals or heads of private schools shall report to the commission the names of visually handicapped students in attendance.
HISTORY: 1962 Code Section 71-296; 1966 (54) 2325; 2018 Act No. 239 (H.3440), Section 3, eff May 17, 2018.
Effect of Amendment
2018 Act No. 239, Section 3, in the first sentence, substituted "itinerant counselors" for "itinerant teachers", and in the second sentence, substituted "itinerant counselor" for "itinerant teacher".
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 25 - Commission For The Blind › Section 43-25-70. Concession stands.

The commission is empowered to operate concession stands in any State, county or municipal building and in any State park and shall negotiate with the proper agency or governing body regarding the establishment of a concession on such property. In buildings where a stand existed on May 25, 1940, the person who was then operating such a stand shall not be removed, but when such operator ceases to operate such stand the concession for further operation shall be granted to the commission. No rental or other charge shall be required by the commission for the granting of an operation permit. Any rental payment or commission charged by the owner of private property for the location of such a stand shall be collected from the operator of the stand by the commission. No charge shall be made for the installation or operation of a concession stand or for the maintenance of equipment of a concession stand regardless of location.
HISTORY: 1962 Code Section 71-297; 1966 (54) 2325.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 25 - Commission For The Blind › Section 43-25-80. Fund for treatment and training of visually handicapped.

Any sums appropriated by the General Assembly for treatment and training of the visually handicapped shall be kept by the State Treasurer in a fund for the treatment and training of the visually handicapped and shall be used to carry out the particular purpose assigned to it.
HISTORY: 1962 Code Section 71-298; 1966 (54) 2325.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 25 - Commission For The Blind › Section 43-25-90. Right to and procedures at hearings and appeals; effect of appeal.

A person aggrieved by an action of the commission must be granted, upon request, a hearing before a hearing officer assigned by the commission. The hearing officer may not be a member of the commission. The hearing officer has the authority to conduct hearings, to issue subpoenas requiring the attendance of witnesses and the production of records and other documents, to administer oaths and to take testimony. An appeal may be taken from the decision of the hearing officer to the Commission for the Blind. The commission shall hold a hearing on the matter which must be attended by at least three members. An appeal may be taken from the decision of the commission to the Administrative Law Court as provided in Sections 1-23-380(B) and 1-23-600(D). The appellant, within thirty days after notice of the decision of the commission, shall serve notice of appeal upon the chairman of the commission, stating grounds upon which the appeal is founded and file the notice with the Administrative Law Court in accordance with its rules of procedure. The appeal acts as a supersedeas until it is finally determined.
HISTORY: 1962 Code Section 71-299; 1966 (54) 2325; 1975 (59) 150; 2006 Act No. 387, Section 21, eff July 1, 2006.
Editor's Note
2006 Act No. 387, Section 53, provides as follows:
"This act is intended to provide a uniform procedure for contested cases and appeals from administrative agencies and to the extent that a provision of this act conflicts with an existing statute or regulation, the provisions of this act are controlling."
2006 Act No. 387, Section 57, provides as follows:
"This act takes effect on July 1, 2006, and applies to any actions pending on or after the effective date of the act. No pending or vested right, civil action, special proceeding, or appeal of a final administrative decision exists under the former law as of the effective date of this act, except for appeals of Department of Health and Environmental Control Ocean and Coastal Resource Management and Environmental Quality Control permits that are before the Administrative Law Court on the effective date of this act and petitions for judicial review that are pending before the circuit court. For those actions only, the department shall hear appeals from the administrative law judges and the circuit court shall hear pending petitions for judicial review in accordance with the former law. Thereafter, any appeal of those actions shall proceed as provided in this act for review. For all other actions pending on the effective date of this act, the action proceeds as provided in this act for review."
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 25 - Commission For The Blind › Section 43-25-100. Transfer of certain powers and duties of Division for the Blind to Commission.

The powers and duties of the Division for the Blind of the State Department of Social Services including, but not limited to, the distribution of talking book machines, vocational rehabilitation and other special services for the visually handicapped except those duties and responsibilities surrounding the administration of the State Federal Program of Aid to the Needy Blind shall be devolved upon the South Carolina Commission for the Blind.
HISTORY: 1962 Code Section 71-300; 1966 (54) 2325; 1972 (57) 2382.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 26 - Operation Of Vending Facilities By Blind Persons › Section 43-26-10. Definitions.

For the purpose of this chapter:
(a) "Blind persons" means persons who are visually handicapped as defined in Section 43-25-20 of the 1976 Code.
(b) "License" means a written instrument issued by the commission pursuant to this chapter authorizing a blind person to operate a vending facility on State, Federal or other property.
(c) "Public property" means any buildings or land owned, leased or occupied by any department or agency of the State or any instrumentality wholly owned by the State or by any county or municipality or other local governmental entity.
(d) "Vending facility" means such shelters, counters, shelving display and wall cases, refrigeration apparatus, heating or cooking apparatus, and other appropriate auxiliary equipment as is necessary for the vending of such articles as may be approved by the commission. This definition specifically includes any manual or coin operated vending facilities, snack bars and cafeterias.
(e) "Commission" means the South Carolina Commission for the Blind.
(f) "Property custodian" means any person, officer or employee of a department, agency, board, commission, educational institution or any other branch of State, county, municipal or other local government who is charged with the responsibility of care, custody and control of public property.
HISTORY: 1978 Act No. 565 Section 1.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 26 - Operation Of Vending Facilities By Blind Persons › Section 43-26-20. Powers of commission.

For the purpose of providing blind persons with remunerative employment, enlarging the economic opportunities of the blind, and assisting blind persons to become self-supporting, the commission is authorized to promote the employment of blind persons, including the licensing and establishment of such persons as operators of vending facilities in or on public and other property. The commission shall cooperate with the United States Government in the administration of the vending facility program for the blind on Federal property, and shall adopt such methods of operation and take such action as may be required to secure the full benefits of the Federal program.
HISTORY: 1978 Act No. 565 Section 2.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 26 - Operation Of Vending Facilities By Blind Persons › Section 43-26-30. Duties of commission.

In carrying out this chapter, the commission:
(a) shall promulgate regulations governing:
(1) personal standards;
(2) the protection of records and confidential information;
(3) the eligibility for licensing of blind persons as vending facility operators;
(4) termination of licenses;
(5) the title to vending facility equipment and the interests in stocks of merchandise;
(6) procedures for fair hearings; and
(7) such other regulations as may be necessary to carry out the purposes of this chapter.
(b) shall appoint such personnel as may be necessary for the administration of the vending facility program.
(c) shall make surveys to find locations where vending facilities may be properly and satisfactorily operated by blind persons.
(d) Shall furnish each vending facility established pursuant to this chapter with adequate, suitable equipment and shall be responsible for the maintenance and repair of such equipment to the operator without cost, and shall furnish each such facility with an adequate initial stock of merchandise.
(e) Shall provide such management and supervisory services as are deemed necessary by the commission to assure that such vending facility will be operated in the most effective and productive manner possible without cost to the operator.
(f) Shall take such other action as may be necessary or appropriate to carry out the purposes of this chapter.
(g) May accept gifts and donations made unconditionally or subject to such conditions as the commission may deem appropriate, for the purpose of carrying out this chapter, and may use, hold, invest or reinvest such gifts for such purposes.
HISTORY: 1978 Act No. 565 Section 3.