reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 5 - Public Aid, Assistance And Relief Generally › Section 43-5-1110. Definitions.

As used in this article:
(1) "Family Independence" or "Aid to Families with Dependent Children" or "FI" or "AFDC" means cash payments or stipends paid to individuals who meet established eligibility criteria.
(2) "Department" means the South Carolina State Department of Social Services.
(3) "Welfare" means cash assistance payments through the Family Independence program formerly known as the Aid to Families with Dependent Children program which must be provided as a stipend to assist families to become employed.
HISTORY: 1995 Act No. 102, Part II, Section 1, eff June 12, 1995; 1997 Act No. 133, Section 9, eff June 11, 1997.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 5 - Public Aid, Assistance And Relief Generally › Section 43-5-1115. Employment and training for those receiving assistance.

It is the mandate of the General Assembly that the welfare system in South Carolina be restructured to assist families in poverty to become socially and economically independent. It is the purpose and goal of this legislation to establish the reform of the welfare system as a critical priority for the State and all of its agencies. Cooperation and innovation within and among all state agencies is necessary for the achievement of this goal. The office of the governor shall designate the lead agency for purposes of coordination and the avoidance, where practical, of duplication of services. The State Department of Social Services is mandated to fundamentally change its economic services operation to emphasize employment and training with a minor welfare component. To that end, the department shall expand its employment and training program statewide and shall, to the extent possible, coordinate with the existing resources of other state agencies when they are available and it is cost efficient to do so. The agency shall assist welfare recipients to maximize their strengths and abilities to become gainfully employed. Welfare assistance must be provided as a stipend to a family unit as long as there is satisfactory participation in required employment and training activities.
HISTORY: 1995 Act No. 102, Part III, Section 1, eff June 12, 1995.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 5 - Public Aid, Assistance And Relief Generally › Section 43-5-1125. Sanctions for failing to comply with welfare agreement.

(A) To emphasize the necessity of each family achieving independence and self-sufficiency, if an AFDC recipient fails without good cause to comply with the employment and training requirements contained in the agreement entered into between the recipient and the State Department of Social Services, the department shall:
(1) grant a thirty-day conciliation period for the recipient to reconsider the decision not to comply with the terms of the agreement. During this thirty-day period, the recipient has the right to appeal the department's decision to impose sanctions. At the end of this thirty-day period if the conciliation/fair hearing decision was not in the recipient's favor, all AFDC benefits must be terminated. Benefits may be reinstated when the recipient agrees to comply according to the terms of the agreement and demonstrates willingness to comply by participating in the employment and training program for a period of thirty days;
(2) terminate all AFDC benefits if the recipient completes the training requirements contained in the agreement and then refuses an offer of employment.
(B) A recipient is not required to comply with the employment and training provisions of the agreement if the recipient is:
(1) a parent or caretaker relative with a child under one year of age; however, custodial parents under age twenty-five who have not completed their high school education are required to comply with these provisions regardless of the age of the child;
(2) at least six months pregnant and the pregnancy is verified by a qualified licensed health care provider;
(3) incapacitated and the incapacity is verified by a physician, and if the department considers it necessary, confirmed by an assessment performed by the Department of Vocational Rehabilitation, as a physical or mental impairment that prevents the recipient from engaging in gainful employment or participating in education or training;
(4) caring for an incapacitated person whose incapacity has been verified by a physician and, if the department considers it necessary, confirmed by an assessment performed by the Department of Vocational Rehabilitation;
(5) unable to participate because child care and reasonable transportation were not provided when needed for participation in employment and training programs.
HISTORY: 1995 Act No. 102, Part III, Section 11, approved June 12, 1995 and takes effect ninety days after receipt of approval of a federal waiver authorizing the department to implement these provisions or ninety days after federal law permits implementation; 1996 Act No. 452, Section 13, eff July 1, 1996.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 5 - Public Aid, Assistance And Relief Generally › Section 43-5-1130. County departmental goals for hiring welfare recipients.

To emphasize the importance of education, training, and employment in restructuring the welfare system, the department shall establish goals for the placement and retention of AFDC recipients in employment programs for each county welfare office. These goals must be reflected in the Employee Performance Evaluation of all appropriate department employees.
HISTORY: 1995 Act No. 102, Part III, Section 10, eff June 12, 1995.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 5 - Public Aid, Assistance And Relief Generally › Section 43-5-1135. State agency goals to recruit and employ welfare recipients.

Each agency which is a member of the South Carolina Retirement System shall establish recruitment and hiring goals which shall target ten percent of all jobs requiring a high school diploma or less to be filled with family independence or food stamp recipients. A question concerning receipt of family independence benefits or food stamps may be added to the state employment application for purposes of targeting these applicants. Each agency annually shall report to the South Carolina Department of Social Services the number of family independence and food stamp recipients employed in comparison to the established goal.
HISTORY: 1995 Act No. 102, Part III, Section 7, eff June 12, 1995; 1997 Act No. 133, Section 11, eff June 11, 1997; 1999 Act No. 100, Part II, Section 32, eff July 1, 1999.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 5 - Public Aid, Assistance And Relief Generally › Section 43-5-1140. Labor market and occupational information to be provided to department.

The Department of Employment and Workforce shall provide the department up-to-date labor market information to assist department employment and training staff in the development of recipient employment goals and training plans to be outlined in individual agreements. The Department of Employment and Workforce also, through contractual agreement, shall provide the South Carolina Occupational Information System to each of the department's local offices to assist with career counseling and career planning activities. To the extent possible, all other state agencies shall provide the department with access to appropriate economic and demographic data concerning AFDC applicants and recipients.
HISTORY: 1995 Act No. 102, Part III, Section 3, eff June 12, 1995.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 5 - Public Aid, Assistance And Relief Generally › Section 43-5-1145. Cash assistance payments paid as wage subsidy or tax credit.

To maximize employment opportunities for welfare recipients and to provide for additional job training and placement efforts, instead of making cash assistance payments to AFDC recipients, these payments or some portion of these payments may be paid as a wage subsidy or given as a tax credit to employers offering new jobs as a result of a new business or an expansion of an existing business, subject to the guidelines of the department.
HISTORY: 1995 Act No. 102, Part III, Section 5, eff June 12, 1995.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 5 - Public Aid, Assistance And Relief Generally › Section 43-5-1150. Job Training and Partnership Act incentive funds.

To expand available job training activities for AFDC recipients, the Governor may target future incentive funds under Title II-A of the Job Training and Partnership Act in such a way as to encourage the service delivery areas and local private industry councils to increase service levels and improve performance outcomes related to services to AFDC recipients.
HISTORY: 1995 Act No. 102, Part III, Section 9, eff June 12, 1995.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 5 - Public Aid, Assistance And Relief Generally › Section 43-5-1155. Entrepreneurial development.

The Department of Social Services shall seek funds for entrepreneurial development so that AFDC clients can create jobs and provide incentives for AFDC clients in their efforts to attain self-sufficiency and independence. The department shall identify markets for entrepreneurial development for AFDC clients, provide clients with job skills and opportunities to develop expertise in operating businesses, and allow clients to accrue savings, buy or earn stock in a business, or, over a period of time, purchase a business. In carrying out this program the department shall work in conjunction with public, community, and private sector entities including businesses, banks, and other institutions to develop strategies that provide financing, facilities, training, technical assistance, planning, and research to AFDC clients in their efforts to own their own businesses.
HISTORY: 1995 Act No. 102, Part III, Section 15, eff June 12, 1995; 1996 Act No. 452, Section 14, eff July 1, 1996.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 5 - Public Aid, Assistance And Relief Generally › Section 43-5-1160. Relocation assistance.

The department may provide, as appropriate, relocation assistance to families who live in communities where few job opportunities exist. Assistance may be provided to assist recipients in accessing jobs which maximize their skills and abilities.
HISTORY: 1995 Act No. 102, Part III, Section 4, eff June 12, 1995.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 5 - Public Aid, Assistance And Relief Generally › Section 43-5-1165. Teen parent independence initiative.

The department, as part of the employment and training program, shall provide special educational and related services for teen parents to assist them in becoming economically independent and to provide health information. This teen parent initiative must be staffed by department personnel familiar with school dropout programs, family planning programs which comply with existing law, and parent effectiveness training programs, and whenever possible and practical, the department shall coordinate with comparable staff of other state and local agencies in providing these services.
HISTORY: 1995 Act No. 102, Part III, Section 8, eff June 12, 1995.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 5 - Public Aid, Assistance And Relief Generally › Section 43-5-1175. No increase in welfare with increase in number of children.

To encourage parents to plan for security and assume responsibility for their children, there must be no incremental increase in AFDC benefits to a family as a result of a child born to that parent ten or more months after the family begins to receive AFDC. This section does not apply if the department establishes that the child was conceived as a result of rape or incest. The State may provide benefits to a child born after ten months in the form of vouchers that may be used only to pay for particular goods and services specified by the State as needed for the child's mother to participate in education training and employment related activities.
HISTORY: 1995 Act No. 102, Part V, Section 1, approved June 12, 1995 and takes effect ninety days after receipt of approval of a federal waiver authorizing the department to implement these provisions or ninety days after federal law permits implementation.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 5 - Public Aid, Assistance And Relief Generally › Section 43-5-1180. Participation in work support required when child is one year old.

AFDC recipients must be encouraged to voluntarily participate in a work program when their youngest child reaches the age of six months, but in all cases the recipients must participate in a work program once their youngest child reaches age one.
HISTORY: 1995 Act No. 102, Part IV, Section 2, eff June 12, 1995.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 5 - Public Aid, Assistance And Relief Generally › Section 43-5-1185. Family skills training program.

As a condition of eligibility for Family Independence benefits, each adult recipient determined to be in need of family skills by his Family Independence case manager, and minor mother recipient must participate in a family skills training program which must include, but is not limited to, parenting skills, financial planning, and health information. Whenever possible and practical, the department shall coordinate with comparable staff of other state and local agencies in providing these services.
This program must include an alcohol and other drug assessment when it is determined by the department that an assessment is appropriate. The department shall coordinate with the Department of Alcohol and Other Drug Abuse Services to provide the proper assessment of the recipient and training of the department personnel who are to conduct the assessment. If the recipient is determined to be in need of alcohol and other drug abuse treatment, the department shall coordinate the services with the Department of Alcohol and Other Drug Abuse Services and shall include the individually determined terms and conditions of the treatment in the recipient's agreement with the department.
This program must include a family planning assessment if it is determined by the department that an assessment is appropriate. The department shall coordinate with the Department of Health and Environmental Control to provide the AFDC family with education, evaluation, and counseling, consistent with Medicaid regulations. State funds appropriated for family planning must not be used to pay for an abortion.
HISTORY: 1995 Act No. 102, Part III, Section 12, approved June 12, 1995 and takes effect ninety days after receipt of approval of a federal waiver authorizing the department to implement these provisions or ninety days after federal law permits implementation; 1997 Act No. 133, Section 12, eff June 11, 1997.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 5 - Public Aid, Assistance And Relief Generally › Section 43-5-1190. Eligibility denied on ground of alcohol or drug problem; treatment program required.

A Family Independence recipient who, while receiving FI benefits, has been identified as requiring alcohol and other drug abuse treatment service or who has been convicted of an alcohol related offense or a controlled substance violation or gives birth to a child with evidence of the effects of maternal substance abuse and the child subsequently is shown to have a confirmed positive test performed on a suitable specimen within twenty-four hours of birth, is ineligible for FI assistance unless the recipient submits to random drug tests and/or participates in an alcohol or drug treatment program approved by the Department of Alcohol and Other Drug Abuse Services. Upon completion of the program, if a subsequent random test or subsequent conviction for a controlled substance violation occurs, the recipient is ineligible for FI benefits. Benefits may be reinstated at a later time upon reapplication, if the recipient first undergoes a conciliation assessment, including review and/or modification of the prescribed individual treatment program and agreement, and then agrees to comply with its terms and demonstrates compliance for a period of not less than sixty days. Testing of a child's specimen pursuant to this section must be conducted by a medical laboratory certified by the College of American Pathologists or the National Institute of Drug Abuse for Forensic Urine Drug Testing.
HISTORY: 1995 Act No. 102, Part V, Section 2, approved June 12, 1995 and takes effect ninety days after receipt of approval of a federal waiver authorizing the department to implement these provisions or ninety days after federal law permits implementation; 1997 Act No. 133, Section 12, eff June 11, 1997.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 5 - Public Aid, Assistance And Relief Generally › Section 43-5-1195. Eligibility based on parent's support and employment revised.

To eliminate restrictions that break up families and to encourage the formation of new families, the department shall remove the requirement that a child be deprived of support from one or both parents to be eligible for assistance and shall remove the one hundred hour rule and the recent connection to the labor force rule.
HISTORY: 1995 Act No. 102, Part V, Section 5, approved June 12, 1995 and takes effect ninety days after receipt of approval of a federal waiver authorizing the department to implement these provisions or ninety days after federal law permits implementation.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 5 - Public Aid, Assistance And Relief Generally › Section 43-5-1200. Vehicle and other asset limits.

One licensed vehicle per licensed driver is exempt from the asset limit for Family Independence participants in work or training. The asset limit for all other assets is two thousand five hundred dollars.
HISTORY: 1995 Act No. 102, Part IV, Section 3, approved June 12, 1995 and takes effect ninety days after receipt of approval of a federal waiver authorizing the department to implement these provisions or ninety days after federal law permits implementation; 1997 Act No. 133, Section 13, eff June 11, 1997.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 5 - Public Aid, Assistance And Relief Generally › Section 43-5-1205. Interest income and dividends to be excluded.

In order to assist AFDC families in gaining financial independence and in building for the future, the Department of Social Services shall apply to the federal government for a waiver allowing the State to exclude interest income and dividends up to four hundred dollars in determining eligibility and payment amounts for Aid to Families with Dependent Children.
HISTORY: 1995 Act No. 102, Part IV, Section 6, approved June 12, 1995 and takes effect ninety days after receipt of approval of a federal waiver authorizing the department to implement these provisions or ninety days after federal law permits implementation.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 5 - Public Aid, Assistance And Relief Generally › Section 43-5-1210. Minor child's income to be excluded.

To remove the disincentive to employment that occurs when a family's AFDC payment is reduced because of a minor child's earnings and to encourage children in AFDC families to develop positive work attitudes, the State shall apply to the federal government for a waiver to exclude income earned by a minor child attending school when determining eligibility or payment amount for Aid to Families with Dependent Children.
HISTORY: 1995 Act No. 102, Part IV, Section 5, approved June 12, 1995 and takes effect ninety days after receipt of approval of a federal waiver authorizing the department to implement these provisions or ninety days after federal law permits implementation.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 5 - Public Aid, Assistance And Relief Generally › Section 43-5-1215. Welfare recipients under age eighteen must attend school.

Welfare recipients under the age of eighteen must be enrolled and maintain satisfactory attendance, as defined by the Department of Education, in school as a condition of eligibility for benefits.
HISTORY: 1995 Act No. 102, Part V, Section 3, approved June 12, 1995 and takes effect ninety days after receipt of approval of a federal waiver authorizing the department to implement these provisions or ninety days after federal law permits implementation.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 5 - Public Aid, Assistance And Relief Generally › Section 43-5-1220. Minor mother must live with minor's parents to receive welfare; exceptions.

(A) Minor mothers with a child born out of wedlock must live in the home of their parent or guardian to be eligible to receive AFDC benefits unless:
(1) the minor parent has no living parent or legal guardian whose whereabouts is known;
(2) no living parent or legal guardian of the minor parent allows the minor parent to live in his or her home;
(3) the minor parent lived apart from his or her own parent or legal guardian for a period of at least one year before either the birth of the dependent child or the parent's having applied for AFDC;
(4) the physical or emotional health or safety of the minor parent or dependent child would be jeopardized if they resided in the same residence with the minor parent's parent or legal guardian;
(5) there is otherwise good cause for the minor parent and dependent child to receive assistance while living apart from the minor parent's parent or legal guardian or another adult relative or an adult supervised supportive living arrangement.
(B) If a minor parent makes an allegation supporting the conclusion that subsection (A)(4) applies, the department shall determine whether it is justified. Circumstances justifying a determination of good cause as provided for in subsection (A)(5) include, but are not limited to, written statements from at least two corroborating persons showing that it is not in the best interest of the minor parent to live with his or her parents or legal guardian or in an adult supervised supportive living arrangement. When a minor parent and his or her dependent child are required to live with the minor parent's parent or legal guardian or another adult relative or in an adult supervised supportive living arrangement, AFDC must be paid, where possible, in the form of a protective payment. A minor parent applicant must be informed directly about AFDC eligibility requirements including his or her rights under this section. The applicant must be told of the exemptions and must be asked if one or more of the exemptions is applicable to the applicant. The department shall assist the minor in obtaining the necessary verification if one or more of these exemptions is alleged.
HISTORY: 1995 Act No. 102, Part V, Section 4, eff June 12, 1995.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 5 - Public Aid, Assistance And Relief Generally › Section 43-5-1225. Outreach and information programs.

In order to assure that all families working toward self sufficiency have access to all potential supportive services that will help ensure their success, the department, within existing revenues, may develop outreach and information programs which provide information and assistance on support services available to low income families including, but not limited to, information on earned income tax credits and medicaid eligibility.
HISTORY: 1995 Act No. 102, Part III, Section 16, eff June 12, 1995.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 5 - Public Aid, Assistance And Relief Generally › Section 43-5-1230. Family to be served as a whole.

To further strengthen the family unit and promote parental responsibility, emphasis must be placed on serving the family as a whole. Immunizations, school attendance, preventive health screenings, and pregnancy prevention programs as authorized by law for minor children must be monitored and encouraged.
HISTORY: 1995 Act No. 102, Part V, Section 6, approved June 12, 1995 and takes effect ninety days after receipt of approval of a federal waiver authorizing the department to implement these provisions or ninety days after federal law permits implementation.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 5 - Public Aid, Assistance And Relief Generally › Section 43-5-1235. Increased health care access through existing resources.

To assist AFDC families in directing their efforts to becoming economically stable and financially independent rather than diverting their resources to the care of children and family members with health and medical problems, the State, through coordination and cooperation among various agencies utilizing current resources, must:
(1) provide greater access to and place more emphasis on early and continuous prenatal care;
(2) eliminate as many barriers to good prenatal care as possible;
(3) establish teen parent initiatives dealing with school dropout programs and parent effectiveness training programs;
(4) promote counseling and education about early childhood health, especially the need for immunizations;
(5) foster better access to preventive health services through expanded hours of health care clinics;
(6) provide, as funding allows, school nurses to increase access to primary care and more effective identification and referral of health care among children.
HISTORY: 1995 Act No. 102, Part V, Section 9, eff June 12, 1995.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 5 - Public Aid, Assistance And Relief Generally › Section 43-5-1240. Transitional Medicaid and child care.

(A) Subject to federal waiver, the department shall provide transitional Medicaid and child care for a maximum of two years for AFDC clients who lose eligibility because of employment or who become employed after losing eligibility as a result of exceeding the twenty-four-month time limit provided for in Section 43-5-1170. For individuals who become employed after a period of ineligibility due to exceeding the twenty-four-month time limit provided for in Section 43-5-1170, earnings must be less than poverty and continued employment must be jeopardized by medical expenditures to be eligible for transitional Medicaid and child care in the second year.
(B) If a former recipient's employer offers or provides health insurance coverage for the former recipient and/or the former recipient's family at an out-of-pocket cost to the former recipient which is less than ten percent of the former recipient's wages after deducting Federal Income Collection Act contributions, no Medicaid coverage may be provided to a family member who could be covered under the employer-provided insurance plan.
HISTORY: 1995 Act No. 102, Part III, Section 18, eff June 12, 1995; 1996 Act No. 452, Section 16, eff July 1, 1996.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 5 - Public Aid, Assistance And Relief Generally › Section 43-5-1245. Federal child care funds must be sought.

All federal child care funds are needed to ensure that AFDC families can participate successfully in the AFDC program. The State should make every effort to obtain these funds.
HISTORY: 1995 Act No. 102, Part V, Section 10, eff June 12, 1995.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 5 - Public Aid, Assistance And Relief Generally › Section 43-5-1250. Endorsement of statewide mass transit network.

To promote independence and assist AFDC families in participating in the Department of Social Services employment and training program and in getting to their place of employment, reliable transportation services are needed. The department in conjunction with the Department of Public Safety shall endorse local efforts to develop a statewide network of mass transit systems.
HISTORY: 1995 Act No. 102, Part III, Section 17, eff June 12, 1995.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 5 - Public Aid, Assistance And Relief Generally › Section 43-5-1255. Adult education initiatives.

The Department of Social Services in conjunction with the Department of Education shall:
(1) ensure that existing continuing education and adult education programs are designed to advance AFDC clients in attaining self-sufficiency and that the location, scheduling, and other mechanics of these programs are structured so as to maximize access by AFDC clients;
(2) endorse and promote school-to-work transition programs to link at-risk secondary school students to the workplace and to appropriate work related post-secondary education.
HISTORY: 1995 Act No. 102, Part VII, Section 4, eff June 12, 1995.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 5 - Public Aid, Assistance And Relief Generally › Section 43-5-1260. Technical education partnership initiatives.

(A) The Department of Social Services in conjunction with the State Board for Technical and Comprehensive Education shall:
(1) work closely with businesses and industries in South Carolina to design curriculums to produce students with skills needed by these businesses and industries;
(2) develop specially designed curriculums that target and train AFDC clients in keeping with the clients' identified aptitudes, interests, and abilities for occupations identified by the Department of Employment and Workforce as the top growth occupations of the future.
(B) For the next three years the Department of Social Services and the State Board for Technical Education shall report before January first to the Governor and the General Assembly on the projects completed under this section, the number of AFDC families served, and shall evaluate their effectiveness in assisting AFDC families in becoming self-sufficient.
HISTORY: 1995 Act No. 102, Part VII, Section 5, eff June 12, 1995.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 5 - Public Aid, Assistance And Relief Generally › Section 43-5-1265. Simplification of application forms.

The Department of Social Services, with existing resources and personnel, shall develop simplified AFDC, Medicaid, and food stamp application forms and instructions which are understandable. If necessary, for compliance with federal regulations, the department shall apply to the federal government for waivers.
HISTORY: 1995 Act No. 102, Part VII, Section 1, eff June 12, 1995.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 5 - Public Aid, Assistance And Relief Generally › Section 43-5-1270. Information on absent parent required.

The State shall apply for a federal waiver to require AFDC and Medicaid applicants and recipients as an additional condition for receiving benefits to provide:
(1) the first and last name of the absent parent and putative father and any known licenses as defined in Section 63-17-1020 which might be subject to revocation; and
(2) at least two of the following subitems on each absent parent and each putative father named:
(a) date of birth;
(b) social security number;
(c) last known home address;
(d) last known employer's name and address;
(e) either of the absent parent's parent's name and address.
An applicant or recipient who fails to provide this information or who provides the names of two putative fathers, both of whom are excluded from paternity by genetic testing, is ineligible for assistance for himself or herself and the child for whom parental information was not provided unless the applicant or recipient asserts, and the department verifies, there is good cause for not providing this information. Good cause includes documentation of incest, rape, or the existence or the threat of physical abuse to the child or custodial parent.
Upon legal establishment of paternity of the child in question, AFDC benefits may be established or reinstated if all other eligibility requirements are met.
HISTORY: 1995 Act No. 102, Part V, Section 7, approved June 12, 1995 and takes effect ninety days after receipt of approval of a federal waiver authorizing the department to implement these provisions or ninety days after federal law permits implementation.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 5 - Public Aid, Assistance And Relief Generally › Section 43-5-1275. Electronic data interchange standards.

As applicable, all state agencies shall adopt Electronic Data Interchange Standards as set forth by the Division of Technology Operations so that exchanges and sharing of information concerning AFDC clients and revenue sources are freely available. However, in the exchange and sharing of information all requirements for confidentiality of information must be maintained. For the next two years these state agencies shall report to the Department of Administration, Division of Information Resource Technology before January first on the agency's progress and compliance with this section and its utilization of the system created as a result of this action.
HISTORY: 1995 Act No. 102, Part VII, Section 3, eff June 12, 1995.
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 5 - Public Aid, Assistance And Relief Generally › Section 43-5-1280. Review of federal and state procurement and purchasing regulations.

The Department of Social Services and the Department of Health and Human Services Finance Commission shall review and, to the extent possible, ensure that federal and state procurement and purchasing regulations do not unnecessarily delay services to AFDC clients and child care and transportation providers to AFDC clients.
HISTORY: 1995 Act No. 102, Part VII, Section 2, eff June 12, 1995.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 5 - Public Aid, Assistance And Relief Generally › Section 43-5-1285. Annual report.

The department shall report annually to the General Assembly on the number of Family Independence families and individuals no longer receiving welfare, the number of individuals who have participated in educational, employment, or training programs under this act, the number of individuals who have completed educational, employment, or training programs under this act, and the number of individuals who have become employed and the duration of their employment.
HISTORY: 1995 Act No. 102, Part IX, Section 1, eff June 12, 1995; 2014 Act No. 281 (H.3102), Section 2, eff June 10, 2014.
Effect of Amendment
2014 Act No. 281, Section 2, rewrote the section.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 7 - Medical And Hospital Care › Section 43-7-50. Payments for professional services under State Medicaid Program shall be uniform within State.

For the purpose of computing the amount of reimbursement for professional services under the State Medicaid Program, all localities in the State of South Carolina shall be deemed "similar" by virtue of being within the State's boundaries and the amount of reimbursement for similar services rendered by professionals within the same specialty of medical or dental practice shall be equal regardless of place of residence or place of practice, so long as the place of practice is within the boundaries of the State of South Carolina. No agency of the State shall reimburse professionals, or cause professionals to be reimbursed, at rates of payment which vary as a result of geographic locations.
HISTORY: 1975 (59) 169.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 7 - Medical And Hospital Care › Section 43-7-70. False statement or representation on application for assistance prohibited; violation is a misdemeanor; penalties.

(A)(1) It is unlawful for a person to knowingly and wilfully to make or cause to be made a false statement or representation of material fact on an application for assistance, goods, or services under the state's Medicaid program when the false statement or representation is made for the purpose of determining the person's entitlement to assistance, goods, or services.
(2) It is unlawful for any applicant, recipient, or other person acting on behalf of the applicant or recipient knowingly and wilfully to conceal or fail to disclose any material fact affecting the applicant's or recipient's initial or continued entitlement to receive assistance, goods, or services under the state's Medicaid program.
(3) It is unlawful for a person eligible to receive benefits, services, or goods under the Medicaid program to sell, lease, lend, or otherwise exchange rights, privileges, or benefits to another person.
(B) A person who violates the provisions of this section is guilty of medical assistance recipient fraud, a Class A misdemeanor and, upon conviction, must be imprisoned not more than three years or fined not more than one thousand dollars, or both.
HISTORY: 1994 Act No. 468, Section 1, eff July 14, 1994.
Editor's Note
1994 Act No. 468, Section 2, provides as follows:
"The offenses created by this act are not exclusive and must not be construed to limit the power of the State to prosecute a person for conduct which constitutes a crime under another statute or at common law."
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 7 - Medical And Hospital Care › Section 43-7-80. Provider required to keep separate accounts and records; violation is a misdemeanor; penalties.

(A) A provider of medical assistance, goods, or services under the state's Medicaid program who is required by state or federal law, regulation, or written policy to maintain separate accounts for patient funds and accurate records of those funds must maintain separate accounts and records of the accounts. It is unlawful for a provider, or a person acting as the provider's agent or employee, to transfer, remove, or encumber or cause to be removed, transferred, or encumbered patient funds for a purpose other than as authorized. Repayment or retransfer of patient funds or satisfaction of an encumbrance on them is not a defense under this section and repayment, retransfer, or satisfaction is admissible as relevant evidence only at sentencing, if the provider is found guilty of a violation of this section.
(B) A person who violates the provisions of this section is guilty of a Class A misdemeanor and, upon conviction, must be imprisoned not more than three years and fined not more than one thousand dollars.
(C) In addition to all other remedies under this section, the Attorney General may bring an action to recover damages equal to five thousand dollars for each violation of this section. Upon a finding that a provider has violated a provision of this section, the state agency which administers the Medicaid program also may take other administrative action authorized under relevant state or federal laws.
HISTORY: 1994 Act No. 468, Section 1, eff July 14, 1994.
Editor's Note
1994 Act No. 468, Section 2, provides as follows:
"The offenses created by this act are not exclusive and must not be construed to limit the power of the State to prosecute a person for conduct which constitutes a crime under another statute or at common law."
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 7 - Medical And Hospital Care › Section 43-7-90. Enforcement of Sections 43-7-60 to 43-7-80.

The Attorney General has the authority and responsibility to investigate and initiate appropriate action for alleged or suspected violations of Sections 43-7-60 through 43-7-80.
HISTORY: 1994 Act No. 468, Section 1, eff July 14, 1994.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 7 - Medical And Hospital Care › Section 43-7-210. Right to attach wages, fees and commissions of medical care recipients and persons liable for expenses.

Wages, fees and commissions due or to become due any person who has received medical care for himself or for a person whose medical expenses, he is obligated by law or has contracted to pay, exclusive of doctor's fees, which has been paid for by a county, may be attached as hereinafter set forth.
HISTORY: 1962 Code Section 71-145; 1964 (53) 2194.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 7 - Medical And Hospital Care › Section 43-7-220. Petition for attachment; effective date of order.

The director of the county social services department or the chief administrator of any county operated hospital hereinafter referred to as petitioner, upon alleging in a verified petition, (a) that there was expended for the previous fiscal year in the county where the medical care was rendered, twenty-four percent of the total operating budget for such county, public funds for the hospitalization, medical care and treatment of persons in a sum in excess of twenty-four percent of the total operating budget for such county, (b) that the person or someone for whom he is legally responsible has received medical care, excluding doctor's fees, in a stated amount, (c) that the cost of this care has been paid by the county, (d) that the person is gainfully employed, (e) that the person is indebted to the county for the cost of medical care received, (f) that the name of the person's employer and the approximate amount of the person's average weekly gross wage, and (g) that the county has not been paid for the cost of the medical care rendered, may apply to the court of common pleas or any other court having concurrent jurisdiction in the county where the person is employed, for an order requiring the employer of such person, to withhold from his wages, fees or commissions due or to become due, a sum not to exceed fifteen percent of the average gross weekly wage earned by such person each week, and to pay whatever amount so collected over to the petitioner once a month until the amount found to be due has been paid in full. The order shall not become effective until twenty days after the order has been served on all respondents as hereinafter designated.
HISTORY: 1962 Code Section 71-145.1; 1964 (53) 2194; 1972 (57) 2382.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 7 - Medical And Hospital Care › Section 43-7-230. Service of summons, petition and order on employee and employer; answers.

A duplicate copy of the summons, petition, and order shall be served on the person who is employed and his employer, who shall both be designated respondents. Each shall have twenty days in which to answer or otherwise plead.
HISTORY: 1962 Code Section 71-145.2; 1964 (53) 2194.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 7 - Medical And Hospital Care › Section 43-7-240. Time for showing cause for dismissal; grounds for dismissal without prejudice.

Any or all respondents shall have twenty days from the service of the order to show cause why the order should not become effective or the action dismissed. The following shall constitute good and sufficient grounds for dismissing the action, but without prejudice to the petitioner:
(a) That in the discretion of the court, the imposition of the order would result in extreme hardship on the person due to some situation beyond his control.
(b) That any one of the allegations set forth in the petition as required by Section 43-7-220 above is false.
HISTORY: 1962 Code Section 71-145.3; 1964 (53) 2194.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 7 - Medical And Hospital Care › Section 43-7-250. Production of payroll records and other information.

If doubt exists as to the amount the person earns, then on motion of petitioner the court shall require the employer to produce the payroll records of such person and to furnish any other information pertinent to the question.
HISTORY: 1962 Code Section 71-145.4; 1964 (53) 2194.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 7 - Medical And Hospital Care › Section 43-7-260. Appeals.

Should any person be aggrieved by the order, he may appeal as in other cases brought in the court of common pleas, but such appeal shall not stay the order issued.
HISTORY: 1962 Code Section 71-145.5; 1964 (53) 2194.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 7 - Medical And Hospital Care › Section 43-7-270. Return of money wrongfully withheld with interest and attorney's fee.

Should it be determined that the person receiving medical care is not indebted as alleged in the petition, any money withheld from him shall be returned together with six per cent interest and a reasonable attorney's fee as set by the court, provided an attorney has been employed by such person.
HISTORY: 1962 Code Section 71-145.6; 1964 (53) 2194.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 7 - Medical And Hospital Care › Section 43-7-280. Deduction from payments for employer's services.

Every employer shall be allowed to deduct and retain from the amount of the payment, one dollar from each monthly payment made to petitioner to reimburse him for services rendered in the action.
HISTORY: 1962 Code Section 71-145.7; 1964 (53) 2194.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 7 - Medical And Hospital Care › Section 43-7-410. Definitions.

(A) "Applicant" means an individual whose written application for Medicaid has been submitted to the agency determining Medicaid eligibility, but has not received final action. This includes an individual, living or deceased, whose application is submitted by a representative or a person acting responsibly for the individual.
(B) "Department" means the South Carolina Department of Health and Human Services.
(C) "Medicaid" means the medical assistance program authorized by Title XIX of the Social Security Act and administered by the department.
(D) "Person" means a natural person, company, association, partnership, corporation, or other legal entity.
(E) "Practitioner" means a physician or other health care professional licensed under state law to practice his profession.
(F) "Private insurer" means:
(1) a commercial insurance company offering health or casualty insurance to an individual or group, including an experienced-rated contract or indemnity contract;
(2) a profit or nonprofit prepaid plan offering either a medical service or full or partial payment for the diagnosis or treatment of an injury, disease, or disability;
(3) an organization administering a health or casualty insurance plan for a professional association, union, fraternal group, employer-employee benefit plan, or a similar organization offering these plans or services, including a self-insured or self-funded plan; or
(4) a group health plan, as defined in Section 607(1) of the Employee Retirement Income Security Act of 1974, a service benefit plan, or a health maintenance organization.
(G) "Provider" means an individual, firm, corporation, association, institution, or other legal entity which is providing, or is approved to provide, medical assistance to a recipient pursuant to the State Medical Assistance Plan and consistent with Title XIX of the Social Security Act-Medical Assistance, also known as Medicaid.
(H) "Recipient" means an individual determined to be eligible for a health service described in the State Medical Assistance Plan in accord with Title XIX of the Social Security Act-Medical Assistance, also known as Medicaid.
(I) "Third party" means an individual, entity, or program that is or may be liable by contract, agreement, or statute, to pay all or part of the medical cost of injury, disease, or disability of an applicant or recipient.
HISTORY: 1986 Act No. 516, Section 1, eff June 11, 1986; 1994 Act No. 481, Section 5, eff July 14, 1994; 2008 Act No. 348, Section 2, eff June 16, 2008.