reglab/statecodes huggingface dataset:
South Carolina Code of Regulations › Chapter 126 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › Article 3 - MEDICAID › Subarticle 2 - ELIGIBILITY FOR THE MEDICAL ASSISTANCE (MEDICAID) PROGRAM › Section 126-375 - Medical Institution Vendor Payments

Current through Register Vol. 48, No. 6, June 28, 2024
A. Vendor payments are made on behalf of
				eligible individuals to medical institutions in accordance with Title XIX of
				the Social Security Act and the federal regulations promulgated in accordance
				therewith.
B. An individual must
				meet all of the following requirements in order to be eligible for a medical
				institution vendor payment.
(1) Meet all
				eligibility criteria for any eligible group specified in 126-365 and
				126-377.
(2) Reside in a Title XIX
				certified medical facility which has a current contract with the Department of
				Health and Human Services.
(3) Have
				written documentation from the Department of Health and Human Services or its
				designee that institutional care is medically necessary, and have an
				appropriate level of care certified by the Department of Health and Human
				Services or its designee.
(4) Apply
				all available income, less allowable exclusions, to the cost of care. The
				amount of income to be applied to the cost of care shall be confirmed with the
				individual and the medical institution.
South Carolina Code of Regulations › Chapter 126 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › Article 3 - MEDICAID › Subarticle 2 - ELIGIBILITY FOR THE MEDICAL ASSISTANCE (MEDICAID) PROGRAM › Section 126-380 - Denial, Termination, or Reduction of Benefits

Current through Register Vol. 48, No. 6, June 28, 2024
A. When an individual's Medicaid benefits are
				denied, discontinued or changed, the individual shall receive notice pursuant
				to Title XIX of the Social Security Act. The notice shall include an
				explanation of the individual's right to a fair hearing, the method to obtain a
				hearing, and the right to representation.
B. Fair hearings shall be conducted pursuant
				to R126-150.
C. An individual's
				Medicaid benefits may be continued pending a fair hearing decision in
				accordance with Title XIX of the Social Security Act and the federal
				regulations promulgated in accordance therewith.
South Carolina Code of Regulations › Chapter 126 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › Article 3 - MEDICAID › Subarticle 2 - ELIGIBILITY FOR THE MEDICAL ASSISTANCE (MEDICAID) PROGRAM › Section 126-399 - Conflict Between State and Federal Regulations

Current through Register Vol. 48, No. 6, June 28, 2024
When the requirements of the State and the Federal
				  regulations are not in agreement, the requirements of the Federal regulations
				  shall prevail.
South Carolina Code of Regulations › Chapter 126 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › Article 4 - PROGRAM EVALUATION › Subarticle 1 - ADMINISTRATIVE SANCTIONS AGAINST MEDICAID PROVIDERS › Section 126-401 - Sanctions

Current through Register Vol. 48, No. 6, June 28, 2024
A. The
				Administrator of the Title XFX Single State Agency may invoke one (1) or more
				of the following administrative sanctions against a Medicaid provider who has
				been determined to have abused the Medicaid Program:
(1) Educational Intervention;
(2) Postpayment Review of Claims;
(3) Prepayment Review of Claims;
(4) Referral to Licensing/Certifying Boards
				or Agencies;
(5) Peer
				Review;
(6) Suspension;
(7) Termination.
South Carolina Code of Regulations › Chapter 126 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › Article 4 - PROGRAM EVALUATION › Subarticle 1 - ADMINISTRATIVE SANCTIONS AGAINST MEDICAID PROVIDERS › Section 126-402 - Factors for Sanction

Current through Register Vol. 48, No. 6, June 28, 2024
The factors to be considered in determining sanctions shall
				  include, but not be limited to, the following:
A. Seriousness of the offense(s);
B. Extent of violation(s);
C. History of prior violation(s);
D. Prior imposition of sanction(s);
E. Provider failure to obey program rules and
				policies as specified in the appropriate Provider Manual or other official
				notices.
South Carolina Code of Regulations › Chapter 126 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › Article 4 - PROGRAM EVALUATION › Subarticle 1 - ADMINISTRATIVE SANCTIONS AGAINST MEDICAID PROVIDERS › Section 126-403 - Grounds for Sanction

Current through Register Vol. 48, No. 6, June 28, 2024
The grounds for sanctioning providers shall include, but not
				  be limited to, the following:
A.
				Presenting or causing to be presented for payment any false or fraudulent claim
				for services or merchandise.
B.
				Submitting or causing to be submitted false information for the purpose of
				obtaining greater compensation than that to which the provider is legally
				entitled, including charges in excess of the fee schedule or usual and
				customary charges.
C. Submitting or
				causing to be submitted false information for the purpose of meeting prior
				authorization requirements.
D.
				Failure to disclose or make available to the Single State Agency or its
				authorized agent records of services provided to Medicaid beneficiaries and
				records of payment made therefore.
E. Continuing a course of conduct deemed
				abusive of the Medicaid Program after receiving written notice from the Single
				State Agency that said conduct must cease, provided that the written notice
				shall specify the practices deemed abusive.
F. Breach of the terms of the Medicaid
				provider agreement or failure to comply with the terms of provider
				certification on the Medicaid claim form.
G. Over-utilizing the Medicaid Program by
				including, furnishing, or otherwise causing a beneficiary to receive service(s)
				or merchandise not otherwise required by the beneficiary.
H. Rebating or accepting a fee or portion of
				a fee or charge for a beneficiary referral.
I. Submission of a false or fraudulent
				application for provider status.
J.
				Conviction against a provider for a criminal offense related to his or her
				involvement in the Medicaid or Medicare Program.
K. Failure to meet standards required by
				State or Federal law for Medicaid participation (i.e., failed to meet the
				licensing requirements constituting minimum qualification).
L. Exclusion from Medicare because of
				fraudulent or abusive practices (i.e., terminated or suspended from
				participation in the Medicare Program under 42 CFR, Part 1001.)
M. Failure to correct deficiencies in
				provider operations after receiving written notice of these deficiencies from
				the Single State Agency.
N. Failure
				to repay or make arrangements for the repayment of identified overpayments or
				otherwise erroneous payments.
O.
				Termination for cause under Medicare or under the Medicaid or CHIP program of
				any other State [
				42 CFR §
										455.416 and Section 6501 of the Affordable
				Care Act]
South Carolina Code of Regulations › Chapter 126 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › Article 4 - PROGRAM EVALUATION › Subarticle 1 - ADMINISTRATIVE SANCTIONS AGAINST MEDICAID PROVIDERS › Section 126-404 - Fair Hearings

Current through Register Vol. 48, No. 6, June 28, 2024
A. Any
				Medicaid provider who has been notified in writing by the Single State Agency
				of a proposed recoupment of overpayments, a proposed exclusion, suspension or
				termination due to an administrative determination of abuse, or a proposed
				exclusion, suspension or termination due to a program related conviction in a
				state or federal court, may exercise his right to a fair hearing pursuant to
				R.126-150 prior to
				implementation of the proposed action. This subparagraph applies only to
				postpayment reviews of providers which are conducted by the Department.
				Further, this subparagraph shall not apply in the case of a provider who has
				been excluded, suspended or terminated from participation in the Medicare
				program, in which case the provisions of 42 CFR, Part 1001, shall
				apply.
B. Any individual Medicaid
				practitioner who has been convicted of a criminal offense related to his
				involvement in the Medicare or Medicaid Program and who is subsequently
				excluded, suspended or terminated pursuant to 42 CFR Section 402, Subpart C,
				may exercise his appeal rights as set forth in the written notice of exclusion,
				suspension or termination from the Centers for Medicare and Medicaid Services.
				Appeals to the Centers for Medicare and Medicaid Services shall be processed
				exclusively in accordance with 42 CFR Part 1005.
South Carolina Code of Regulations › Chapter 126 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › Article 4 - PROGRAM EVALUATION › Subarticle 1 - ADMINISTRATIVE SANCTIONS AGAINST MEDICAID PROVIDERS › Section 126-405 - Reinstatement

Current through Register Vol. 48, No. 6, June 28, 2024
An individual or entity who has been excluded from Medicaid
				  may be reinstated only by the Medicaid agency that imposed the exclusion. An
				  individual or entity may submit to the State agency a request for reinstatement
				  at any time after the date specified in the notice of exclusion [
				  42
				  CFR §
										1002.214(b) and (c)
				  ].
South Carolina Code of Regulations › Chapter 126 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › Article 5 - MEDICALLY INDIGENT ASSISTANCE PROGRAM (MIAP) › Subarticle 1 - ELIGIBILITY FOR THE MEDICALLY INDIGENT ASSISTANCE PROGRAM (MIAP) › Section 126-505 - Responsibilities for Eligibility Determination

Current through Register Vol. 48, No. 6, June 28, 2024
A. The Department shall develop uniform
				criteria and materials for statewide use. A detailed description of the
				criteria, procedures, and materials which include an application form and
				letter of notification may be found in the MIAP Manual. Each county is
				responsible for determining eligibility in accordance with the policies and
				procedures in the MIAP Manual. If a county fails to meet this responsibility,
				claims for the county's residents may be suspended until it is determined that
				the county is fulfilling its responsibility.
B. The county government shall make
				arrangements for the determination of eligibility for the MIAP for its
				residents. The county shall notify the Department of who is designated to
				determine eligibility in the county. The Department shall provide a listing of
				each county's designee to each general hospital and to the Chief Administrative
				Officer and Clerk to County Council in each county. If a county intends to
				review claims prior to the submission of such claims for payment, the county
				must inform the Department of its intent to review claims.
C. General hospitals shall inform patients of
				the existence of the MIAP and shall refer the patient for an application if it
				is determined that the patient has no means to pay for hospital services.
				General hospitals shall submit claims to the Department. If a county has
				elected to review claims prior to submission to the Department, it must review
				the claims within fifteen (15) working days from the date the claim is provided
				by the hospital. If no response is received from the county within fifteen (15)
				working days, the hospital shall forward the claim to the Department.
South Carolina Code of Regulations › Chapter 126 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › Article 5 - MEDICALLY INDIGENT ASSISTANCE PROGRAM (MIAP) › Subarticle 1 - ELIGIBILITY FOR THE MEDICALLY INDIGENT ASSISTANCE PROGRAM (MIAP) › Section 126-515 - Non-Financial Eligibility Requirements

Current through Register Vol. 48, No. 6, June 28, 2024
In order to be eligible for assistance from the MIAP, an
				  individual must meet the following non-financial eligibility criteria.
A. Residence. The individual shall be a
				resident of the State. A migrant or seasonal farm worker shall be considered a
				resident of the State provided he has not established a domicile in another
				State.
For purposes of the MIAP, a financially dependent student is
				  a resident of the State and county in which his parents reside. If the
				  student's parents do not live in the same home, the financially dependent
				  student is a resident of the State and county where the parent with legal
				  custody resides.
B.
				Citizenship and Alienage. An individual must be a citizen of the United States
				or an alien admitted for permanent residence or an alien permanently residing
				in the United States under color of law.
C. Institutional Status. Individuals who are
				inmates or residents of public institutions are not eligible for assistance
				through the MIAP. This includes inmates of correctional facilities who may be
				temporarily absent from the facility due to hospitalization.
Exception: Inmates of county detention facilities who are
				  awaiting trial or whose cases have not been adjudicated shall be eligible
				  provided they meet all other eligibility requirements.
South Carolina Code of Regulations › Chapter 126 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › Article 5 - MEDICALLY INDIGENT ASSISTANCE PROGRAM (MIAP) › Subarticle 2 - COVERED SERVICES › Section 126-530 - Services Covered by the Medically Indigent Assistance Program

Current through Register Vol. 48, No. 6, June 28, 2024
A. Except as
				otherwise provided in this section, only inpatient hospital services which are
				covered by the South Carolina Medicaid Program as inpatient hospital services
				shall be covered by the MIAP.
B.
				Psychiatric inpatient hospital services shall be limited to emergency
				admissions. The standard for an emergency admission shall be the physician's
				belief that the person is mentally ill and because of his condition is likely
				to cause serious harm to himself or others if not immediately
				hospitalized.
South Carolina Code of Regulations › Chapter 126 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › Article 5 - MEDICALLY INDIGENT ASSISTANCE PROGRAM (MIAP) › Subarticle 2 - COVERED SERVICES › Section 126-535 - Sponsorship From the Medically Indigent Assistance Program

Current through Register Vol. 48, No. 6, June 28, 2024
A. Payments shall be made only to general
				hospitals.
B. Individuals shall not
				be sponsored by the MIAP until all other means of reimbursement or service
				provision have been exhausted. This includes payments from third party sources
				defined in R126-500 K. This does not include payments by county indigent
				programs.
C. Rates for hospital
				reimbursement shall be prospectively determined. Payment from all sources shall
				not exceed the prospectively determined rate.
D. Full sponsorship for inpatient hospital
				services is available for eligible individuals whose gross family income is
				equal to or less than one hundred (100) percent of the poverty
				guidelines.
E. Partial sponsorship
				for inpatient hospital services is available for eligible individuals whose
				gross family income is between one hundred (100) and two hundred (200) percent
				of the poverty guidelines. Partial sponsorship is based on a sliding scale
				which is calculated by determining the percentage by which the individual's
				gross family income exceeds the poverty guidelines for the appropriate size
				family, multiplied by an amount which is equal to 1% of the mean MIAP payment
				amount. The MIAP sponsorship shall be determined based on the following
				formula: the prospectively determined rate minus all third party payments,
				excess liquid assets paid to the hospital, and the sliding scale amount for
				which the individual is responsible.
South Carolina Code of Regulations › Chapter 126 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › Article 5 - MEDICALLY INDIGENT ASSISTANCE PROGRAM (MIAP) › Subarticle 2 - COVERED SERVICES › Section 126-540 - Recovery by the Medically Indigent Assistance Program

Current through Register Vol. 48, No. 6, June 28, 2024
A. The MIAP shall be reimbursed if an
				individual or the services delivered to that individual are later determined to
				be ineligible for coverage.
B. The
				ineligible person or the person for whom ineligible services are provided must
				reimburse the hospital to which the MIAP payment was made. The hospital will
				then reimburse the Department the amount reimbursed to the hospital by that
				person.
South Carolina Code of Regulations › Chapter 126 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › Article 5 - MEDICALLY INDIGENT ASSISTANCE PROGRAM (MIAP) › Subarticle 3 - PAYMENT PROCESS › Section 126-560 - The Department shall use a prospective payment system which considers diagnostic related groupings and per diem costs to reimburse hospitals for inpatient services provided to Medically Indigent beneficiaries

Current through Register Vol. 48, No. 6, June 28, 2024
A. The method for processing and payment of
				claims shall be an automated system totally dedicated to the MIAP and
				incorporated into the MIAP Manual.
B. Providers may seek a correction to the
				statistical calculation which establishes the maximum allowable payment rate by
				requesting in writing a reconsideration of such rate to:
Bureau of Health Services, Hospital Reimbursement
South Carolina Department of Health and Human
				  Services
Post Office Box 8206
Columbia, South Carolina 29202-8206
If the provider disagrees with the decision of the
				  Department, he may appeal that decision in accordance with R.126-150 et
				  seq.
South Carolina Code of Regulations › Chapter 126 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › Article 5 - MEDICALLY INDIGENT ASSISTANCE PROGRAM (MIAP) › Subarticle 4 - COUNTY ASSESSMENTS › Section 126-570 - Grace Period

Current through Register Vol. 48, No. 6, June 28, 2024
County Assessments shall be paid in accordance with the
				  provisions of 44-6-146© of the 1976 Code, as amended. The grace period referred
				  to in this section shall be ten (10) working days from the date the assessment
				  was originally due. The assessment must be paid in full; however, assessments
				  which are not paid within the grace period are subject to monetary penalties as
				  defined in 44-6-146©. The penalty and/or interest payments may be waived if a
				  county submits evidence to substantiate that:
a county is declared a disaster area; or,
a change adversely affects the economic condition of a
				  county. Counties which seek a waiver of the penalty and/or interest must submit
				  a written request from the Chief Executive Officer of the county to:
Executive Director
South Carolina Department of Health and Human Services Post
				  Office Box 8206
Columbia, South Carolina 29202-8206
South Carolina Code of Regulations › Chapter 126 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › Article 8 - INTERMEDIATE SANCTIONS FOR MEDICAID CERTIFIED NURSING FACILITIES › Section 126-810 - Imposition of Sanctions

Current through Register Vol. 48, No. 6, June 28, 2024
The Administrator, or his designee, of the State Medicaid
				Agency may apply one or more of the following sanctions against a Medicaid
				nursing facility which has failed to correct deficiencies or make acceptable
				progress toward correction of deficiencies.
1. Deny payment for all individuals under the
			 Medicaid program.
2. Deny payment
			 for new admissions under the Medicaid program.
3. Assess and collect monetary penalties in
			 accordance with Sections
			 126-830
			 and 126-850 of these regulations.
4. Seek court appointment of temporary
			 management.
5. Transfer of
			 residents.
6. Closure of a facility
			 and transfer of residents.
South Carolina Code of Regulations › Chapter 126 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › Article 8 - INTERMEDIATE SANCTIONS FOR MEDICAID CERTIFIED NURSING FACILITIES › Section 126-820 - Factors for Sanctions

Current through Register Vol. 48, No. 6, June 28, 2024
The factors to be considered in determining sanctions shall
				include, but are not limited to, the following:
A. Seriousness of the deficiencies involves a
			 determination of whether the deficiencies have a direct or indirect
			 relationship to resident health, safety, and welfare and whether the
			 deficiencies create conditions which present substantial threat or immediate
			 jeopardy to the health and safety of residents.
B. Extent of deficiencies involves a
			 determination of the number of requirements violated within a major category of
			 requirements of participation in the Medicaid program and whether the number of
			 patients potentially impacted is isolated, moderate, or widespread.
C. History of prior deficiencies involves a
			 determination of whether the nursing facility has repeat or recurring
			 deficiencies from a previous annual standard survey.
South Carolina Code of Regulations › Chapter 126 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › Article 8 - INTERMEDIATE SANCTIONS FOR MEDICAID CERTIFIED NURSING FACILITIES › Section 126-830 - Assessment of Sanctions

Current through Register Vol. 48, No. 6, June 28, 2024
The Administrator, or his designee, of the State Medicaid
				Agency may impose penalties in accordance with Section
				126-840,
				Schedule of Sanctions of these regulations.
Civil monetary penalties under each class shall be assessed
				based on an amount per bed with the maximum monetary penalties adjusted based
				on the number of beds in the facility. The ceiling for maximum penalties shall
				be based on a facility size of 300 beds.
Repeat deficiencies, identified from a previous annual standard
				survey, may be assessed at double the scheduled amount.
Recurring deficiencies identified from previous annual standard
				survey, may be assessed monetary penalties at one and one half times the
				scheduled amount.
Monetary penalties levied after the first and subsequent survey
				revisits shall be assessed from the date indicated in the schedule of sanctions
				until the earlier of the next survey revisit or a credible certified notice of
				correction from the facility that deficiencies due to be corrected in
				accordance with the last date in a credible allegation or an accepted plan of
				correction have been corrected as of the date of the certified letter.
				Credibility shall be validated upon the Survey Agency revisit and penalties
				shall cease for corrected deficiencies or be escalated to the next level for
				uncorrected deficiencies from the date of the certified
				letter.
South Carolina Code of Regulations › Chapter 126 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › Article 8 - INTERMEDIATE SANCTIONS FOR MEDICAID CERTIFIED NURSING FACILITIES › Section 126-840 - Schedule of Sanctions

Current through Register Vol. 48, No. 6, June 28, 2024
CLASS I DEFICIENCY:
A.
			 Violation of requirements which present an indirect relationship to resident
			 health, safety or welfare, and which does not create a substantial and/or
			 immediate risk to health and safety.
B. Remedies/Sanctions:
1. Deny payment under the Medicaid program
			 for any new admissions from the date of issuance of a certified notice to the
			 facility when the facility has failed to correct deficiencies within this class
			 within 90 days of the annual standard survey exit date.
2. Assess and collect monetary penalties up
			 to $500 per day retroactive to the exit date of the standard annual survey for
			 deficiencies in this class which remain uncorrected at the time of the first
			 survey revisit.
3. Assess and
			 collect monetary penalties up to $990 per day retroactive to the exit date of
			 the first survey revisit for deficiencies in this class which remain
			 uncorrected at the time of a second survey revisit.
4. Assess and collect monetary penalties up
			 to $1485 per day retroactive to the exit date of the second survey revisit for
			 deficiencies which remain uncorrected at the time of the third survey
			 revisit.
5. Deny payment under the
			 Medicaid program 30 days from decertification date imposed by the State Survey
			 Agency.
South Carolina Code of Regulations › Chapter 126 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › Article 8 - INTERMEDIATE SANCTIONS FOR MEDICAID CERTIFIED NURSING FACILITIES › Section 126-850 - Levying of Sanctions

Current through Register Vol. 48, No. 6, June 28, 2024
Civil monetary penalties will be collected through an
				adjustment to reimbursement due nursing facilities or through other appropriate
				methods.
Denial of payment under the state plan shall be made through
				suspension or termination of payment.
South Carolina Code of Regulations › Chapter 126 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › Article 9 - OPTIONAL STATE SUPPLEMENTATION PROGRAM › Section 126-910 - Program Definitions

Current through Register Vol. 48, No. 6, June 28, 2024
A.
			 Optional State Supplementation (OSS) Program ---- a State-funded program that
			 provides a cash benefit payment that supplements an eligible individual's
			 countable income up to the net income limitation. This supplementation, in
			 conjunction with the individual's countable income (less any program allowances
			 or deductions) is intended to permit the individual to pay for services
			 provided by a licensed community residential care facility that participates in
			 the OSS Program, with the charges for such services being subject to the
			 applicable OSS facility rate.
B.
			 OSS Facility Rate ---- the maximum rate established by the South Carolina
			 legislative budgetary process that a community residential care facility
			 participating in the OSS Program may charge an OSS recipient. This rate is
			 intended to cover the full scope of services required to be provided under the
			 community residential care facility licensing requirements established by the
			 South Carolina Department of Health and Environmental Control.
C. Community Residential Care Facility (CRCF)
			 ---- a facility licensed by the South Carolina Department of Health and
			 Environmental Control as a "Community Residential Care Facility."
D. Net Income Limitation ---- the maximum
			 monthly countable income which an individual may have in order to qualify for
			 OSS benefits, as such limit (cap) has been established by the South Carolina
			 legislative budgetary process.
E.
			 Countable Income ---- an individual's gross income less those exclusions of
			 income allowed under the provisions of the federal Supplemental Security Income
			 (SSI) Program.
F. Countable
			 Resources ---- an individual's available assets as determined under the
			 provisions of the federal Supplemental Security Income (SSI) Program.
G. Supplemental Security Income (SSI) Program
			 ---- Title XVI of the Social Security Act.
H. Personal Needs Allowance ---- the specific
			 dollar amount of countable income set by the South Carolina legislative
			 budgetary process that an OSS recipient is allowed to retain for that
			 individual's personal needs.
South Carolina Code of Regulations › Chapter 126 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › Article 9 - OPTIONAL STATE SUPPLEMENTATION PROGRAM › Section 126-920 - Eligibility

Current through Register Vol. 48, No. 6, June 28, 2024
A. An individual
			 must meet the following requirements in order to be eligible for OSS benefits:
(1) Be a resident of the State of South
			 Carolina;
(2) Has been determined
			 by the Social Security Administration (SSA) or by the State in accordance with
			 applicable SSA criteria to be aged, blind, or disabled;
(3) Has countable resources that do not
			 exceed the eligibility limitations for resources set by the federal
			 Supplemental Security Income (SSI) Program;
(4) Meets one of the following four
			 conditions with respect to countable income:
(a) Receives an SSI payment, which when
			 combined with other countable income gives the individual total countable
			 income that is less than the applicable net income limitation of the OSS
			 Program; or
(b) Receives countable
			 income that exceeds the SSI payment standard, but is less than the applicable
			 net income limitation of the OSS Program; or
(c) Receives countable income that is less
			 than the SSI payment standard and has applied for SSI benefits; or
(d) Receives countable income that is less
			 than the SSI payment standard, but has not applied for SSI benefits or has been
			 denied SSI benefits for the sole reason that the community residential care
			 facility in which the applicant resides is considered by the SSI Program to be
			 a public institution;
(5) Meets all other eligibility criteria to
			 receive benefits under the SSI Program, with the allowable exception of meeting
			 a condition described in (4)(b) or (4)(d) above;
(6) Resides in a community residential care
			 facility that has executed a "Facility Participation Agreement for the South
			 Carolina Optional State Supplementation (OSS) Program" with the Department of
			 Health and Human Services; AND
(7)
			 Has applied for all benefits, public or private, to which he or she may be
			 legally entitled.
South Carolina Code of Regulations › Chapter 126 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › Article 9 - OPTIONAL STATE SUPPLEMENTATION PROGRAM › Section 126-930 - Termination, Suspension or Reduction of Benefits

Current through Register Vol. 48, No. 6, June 28, 2024
Eligibility for further OSS payments shall be terminated as
				soon as information indicating ineligibility is reported.
South Carolina Code of Regulations › Chapter 130 - DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES › Section 130-10 - Release of Inmates Pursuant to the Prison Overcrowding Powers Act

Current through Register Vol. 48, No. 6, June 28, 2024
A. Upon a declaration by the Governor of a prison system overcrowding state of emergency as set forth in Section 24-3-1160, Code of Laws of South Carolina, 1976, as amended June 3, 1986, the Board of Probation, Parole and Pardon Services is charged with the responsibility of determining which qualified prisoners are to be released.
B. A qualified prisoner, for purposes of this regulation, means:
(1) an individual convicted of a non-violent offense;
(2) incarcerated in an institution or designated facility of the South Carolina Department of Corrections;
(3) is an individual over whom the Department of Probation, Parole and Pardon Services may assume jurisdiction; and
(4) if serving a sentence of two years or more must have met their first parole eligibility date without benefit of earned credits that may have reduced such eligibility.
South Carolina Code of Regulations › Chapter 130 - DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES › Section 130-20 - Public Service Work

Current through Register Vol. 48, No. 6, June 28, 2024
A. Public Service Work is defined as the placement of qualifying convicted offenders in unpaid positions with non-profit or tax-supported agencies to perform a specified number of hours of work or service within a given time limit as a condition of probation or suspension of sentence.
B. Criteria for Participation
1. Legal Criteria
(a) The Courts of General Sessions may require up to five hundred hours of public service employment as a condition of probation or as a condition of suspension of sentence pursuant to Section 24-23-115 and Section 24-21-430. A Family Court also may require adults who violate an order of that Court to perform public service work, not to exceed three hundred hours under Section 20-7-1350. As the agency designated by law to provide community supervision to adult offenders on probation or parole, the Department of Probation, Parole and Pardon Services, hereafter referred to as "DPPPS", has the authority to supervise all adult offenders placed on public service employment as long as the following conditions exist:
(1) The offender's probation order by the appropriate court must specify public service employment as a condition of probation as part of the offender's original sentence or in lieu of revocation of sentence.
(2) The offender must be under the jurisdiction of the Department of Probation, Parole and Pardon Services.
South Carolina Code of Regulations › Chapter 130 - DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES › Section 130-30 - Board Training

Current through Register Vol. 48, No. 6, June 28, 2024
The following provisions apply with respect to training requirements for members of the Board of Probation, Parole and Pardon Services.
A. Training for Newly Appointed Members
(1) Within ninety days of a Board member's appointment by the Governor and confirmation by the Senate, the Board member must complete a comprehensive training course of at least sixteen (16) hours encompassing components consistent with those offered by the National Institute of Corrections or the American Probation and Parole Association. This training will include but is not limited to the following topics:
(a) the elements of the decision making process through the use of evidence-based practices for determining offender risk, needs and motivations to change, including the actuarial risk/needs assessment tool used by the Department,
(b) security classifications as established by the Department of Corrections,
(c) programming and disciplinary processes,
(d) the Department's supervision, case planning, and violation process,
(e) the dynamics of criminal victimization, and
(f) collaboration with corrections related stakeholders, both public and private, to increase offender success and public safety.
South Carolina Code of Regulations › Chapter 130 - DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES › Section 130-40 - Reentry Supervision

Current through Register Vol. 48, No. 6, June 28, 2024
A. Reentry Supervision Program
(1) The Department shall operate a supervised reentry program to provide for a period of reentry supervision for eligible inmates beginning one hundred and eighty days before the date they would otherwise have been released. The Department shall establish terms and conditions of supervised reentry. The Department shall provide supervision of inmates placed on supervised reentry and utilize an evidence based assessment to determine the inmate's risk and needs.
South Carolina Code of Regulations › Chapter 130 - DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES › Section 130-50 - Hearing Officer Qualifications and Preliminary Hearing Procedures

Current through Register Vol. 48, No. 6, June 28, 2024
A. Hearing Officer Qualifications
(1) The hearing officer will be an employee of the Department with a Master's Degree and five (5) years of probation, parole, law enforcement or related experience; or a Bachelor's Degree and seven (7) years of probation, parole, law enforcement, or related experience.
South Carolina Code of Regulations › Chapter 130 - DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES › Section 130-60 - Administrative Sanctions for Violations

Current through Register Vol. 48, No. 6, June 28, 2024
A. Establishing Administrative Sanctions
(1) The Department shall establish an array of administrative sanctions for use by probation agents and hearing officers to respond to the most common types of violations of the terms and conditions of any supervision program operated by the Department. The array of sanctions shall be on an escalating scale to allow the probation agents and hearing officers to identify and assess the severity of a violation, to evaluate the individual risk posed by the offender, and to select the appropriate sanction response. In determining the appropriate sanctions the Department shall consider, but not be limited to:
(a) the severity of the current violations,
(b) the offender's previous criminal record,
(c) the number and severity of previous supervision violations,
(d) the offender's most recent risk/needs assessment,
(e) sanctions that were imposed for previous violations, and
(f) the availability of community-based programs and treatment options consistent with evidence-based practices.
South Carolina Code of Regulations › Chapter 131 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-STATE BOARD OF REGISTRATION FOR GEOLOGISTS › Section 131-01 - Definitions

Current through Register Vol. 48, No. 6, June 28, 2024
Definitions found in Section 40-77-20 apply to this chapter.
(A) "Applicant" means any person who has made application for registration.
(B) "Subordinate" means any person who assists a registered professional geologist or a registered professional engineer in the practice of geology without assuming the responsible charge of work.
(C) "Geologist-in-training" means a person who fulfills the requirements for registration as a professional geologist and has passed the fundamentals examination required for registration but has not acquired the professional work experience or passed the practical examination required for registration as a professional geologist.
(D) "Registrant" means any person currently registered as a professional geologist or geologist-in-training.
(E) "Continuing education" means participation in an organized continuing education experience under responsible sponsorship and capable direction. One (1) contact hour is a typical 50-minute classroom instructional session or its equivalent.
South Carolina Code of Regulations › Chapter 131 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-STATE BOARD OF REGISTRATION FOR GEOLOGISTS › Section 131-02 - Officers of the Board

Current through Register Vol. 48, No. 6, June 28, 2024
At the first meeting of each calendar year, the Board shall elect from among its members a chairman, vice-chairman, and other officers as the Board determines necessary.
South Carolina Code of Regulations › Chapter 131 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-STATE BOARD OF REGISTRATION FOR GEOLOGISTS › Section 131-03 - Meetings

Current through Register Vol. 48, No. 6, June 28, 2024
(A) The Board shall meet at least two (2) times during every calendar year and at other times upon the call of the chairman or a majority of the Board members.
(B) A majority of the members of the Board constitutes a quorum; however, if there is a vacancy on the Board, a majority of the members serving constitutes a quorum.
(C) Board members are required to attend meetings or to provide proper notice and justification of inability to do so. Unexcused absences from meetings may result in removal from the Board as provided in Section 1-3-240, South Carolina Code of Laws 1976, as amended. The Board shall make the final decisions as to an acceptable excuse for absences of Board members.
South Carolina Code of Regulations › Chapter 131 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-STATE BOARD OF REGISTRATION FOR GEOLOGISTS › Section 131-04 - General Registration Provisions for Geologists-in-Training

Current through Register Vol. 48, No. 6, June 28, 2024
An applicant for initial registration as a geologist-in-training must:
(A)
(1) be a graduate of a geologic curriculum of a minimum of thirty (30) semester hours or forty-five (45) quarter hours of geology or geophysics approved by the Board, including an earned bachelor's degree or advanced degree from an accredited college or university, or
(2) graduated in a geologic or a related science curriculum of four scholastic years or more with a minimum of thirty semester hours or forty-five quarter hours in geology or geophysics from a school or college other than those approved by the board in item (1) with a specific record of five years or more of experience in geological work of a character satisfactory to the board or passing written examinations in geologic subjects designed to measure knowledge and skill approximating that attained through graduation in an approved geologic curriculum and passing the written examinations as required in item (1); and
South Carolina Code of Regulations › Chapter 131 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-STATE BOARD OF REGISTRATION FOR GEOLOGISTS › Section 131-05 - General Registration Provisions for Professional Geologists

Current through Register Vol. 48, No. 6, June 28, 2024
An applicant for initial registration as a professional geologist must:
(A) be a graduate of a geologic curriculum of a minimum of thirty (30) semester hours or forty-five (45) quarter hours of geology approved by the Board, including an earned bachelor's degree or advanced degree from an accredited college or university; and
(B) submit an application on forms approved by the Board and the required fees, and have certified transcripts of all undergraduate or postgraduate college credits supplied directly to the Board from the school(s) or college(s). A geologist-in-training applying for registration as a professional geologist is not required to submit additional copies of college transcripts; and
(C) pass a fundamentals and practical examination approved by the Board. The Board may authorize an applicant to take both the fundamentals and practical examination on the same day. The applicant must receive passing scores on both examinations taken to qualify for registration; and
(D) submit evidence of at least five (5) years of full-time professional geological work satisfactory to the Board, either as a geologist-in-training or in geologic work germane to the public practice of geology. For persons who have graduated in geology or a related science curriculum of at least four (4) years but not from a school or college approved by the Board, the work experience must consist of eight (8) years. In counting years of experience the Board may give credit, not in excess of one (1) year, for graduate degrees in geology provided such graduate degrees are not the initial degree in geology; and
(E) be of good ethical character.
South Carolina Code of Regulations › Chapter 131 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-STATE BOARD OF REGISTRATION FOR GEOLOGISTS › Section 131-06 - Examinations

Current through Register Vol. 48, No. 6, June 28, 2024
(A) Examinations shall be held at least annually provided there are qualified applicants.
(B) Applicants must be approved by the Board and notified in writing for authorization to take the examination. Each qualified applicant must provide written authorization from the Board to take the examination and provide picture identification prior to entering the examination room.
(C) Applicants are required to take examinations designed to test the applicant's general geological education and to measure the applicant's practical experience and knowledge in the application of geology and the code of professional ethics.
(D) Applicants taking an examination must receive a scaled score of seventy (70) or higher to pass the examination.
(E) An applicant may apply for re-examination twice without filing a new application and shall be re-examined upon payment of the required fee. An applicant who fails the same examination for a third time shall file a new application before being re-examined. A new application may not be filed sooner than one (1) year following the date of the last re-examination.
South Carolina Code of Regulations › Chapter 131 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-STATE BOARD OF REGISTRATION FOR GEOLOGISTS › Section 131-07 - Temporary Registration

Current through Register Vol. 48, No. 6, June 28, 2024
(A) An applicant for a temporary registration to engage in the practice of geology must:
(1) present evidence that the applicant's residence is in another state, or that the applicant has been a resident of South Carolina for six (6) months or less; and
(2) possess an active, current, and unrestricted registration under the laws of another state or territory that had requirements that were, at the date of registration, equivalent to the requirements in effect at the time of the application in South Carolina or meet the academic and experience requirements to become a professional geologist; and
(3) submit an application on a form approved by the Board, along with the required fee.
South Carolina Code of Regulations › Chapter 131 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-STATE BOARD OF REGISTRATION FOR GEOLOGISTS › Section 131-08 - Registration by Endorsement or Reciprocity

Current through Register Vol. 48, No. 6, June 28, 2024
(A) An applicant for registration as a professional geologist by endorsement must:
(1) hold a current, active, and unrestricted license under the laws of another state or territory that had requirements that were, at the date of licensure, equivalent to the requirements in effect at the time of the application in South Carolina; and
(2) submit an application on a form approved by the Board, along with the required fees.
South Carolina Code of Regulations › Chapter 131 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-STATE BOARD OF REGISTRATION FOR GEOLOGISTS › Section 131-09 - Appeal

Current through Register Vol. 48, No. 6, June 28, 2024
A person aggrieved by a final action of the Board denying or revoking his/her registration may appeal in accordance with Section 40-1-160 and the Administrative Procedures Act, South Carolina Code of Laws 1976, as amended.
South Carolina Code of Regulations › Chapter 131 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-STATE BOARD OF REGISTRATION FOR GEOLOGISTS › Section 131-10 - Requirements for Renewal/Reactivation of Expired or Lapsed Registrations

Current through Register Vol. 48, No. 6, June 28, 2024
(A) All applications for renewal shall be filed with the Board prior to June thirtieth (30th) of the biennial renewal year. Renewal applications must be accompanied by the appropriate fee and a statement attesting to the required number of continuing education credits (CEC) per biennium. Registered professional geologists who have not properly renewed their registration for failure to complete the required CEC and/or failure to submit the appropriate renewal fee must apply for late renewal during a six (6) month penalty period following the expiration date. Late renewal applications must be accompanied by documentation, if applicable, indicating completion of the required CEC's as specified in Regulation 131-11 and a fee equal to the biennial renewal fee plus fifty percent (50%) penalty fee. Registrants undergoing late renewal are not authorized to conduct the public practice of geology until their renewal is completed and the registrant receives written notice from the Board that their registration is renewed.
(B) A registrant whose registration has been expired or lapsed for six (6) years or less may reactivate the registration upon submission of an application on a form approved by the Board, along with the required fee pursuant to 10-18 and evidence of CEC for each biennium during which the registration was expired, not to exceed the CE hours required for one biennium contained in 131-12(B)(1) and the submission of a notarized statement that the registrant has not engaged in the practice of geology in this State during the time the registration was expired or lapsed.
(C) A registrant whose registration has been expired or lapsed for more than six (6) years may reactivate the registration upon submission of an application on a form approved by the Board, along with the required fee pursuant to 10-18 and evidence of CEC for each biennium during which the registration was expired, not to exceed 1.5 times the CE hours required for one biennium contained in 131-12(B)(1) and the submission of a notarized statement that the registrant has not engaged in the practice of geology in this state during the time the registration was expired or lapsed.