reglab/statecodes huggingface dataset:
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-77 - STANDARDS FOR LICENSING HOME HEALTH AGENCIES › Sec2 61-77.200 - ENFORCEMENT OF REGULATIONS › Section 61-77.200.202 - Inspections and Investigations

Current through Register Vol. 48, No. 6, June 28, 2024
A. The Home
				Health Agency shall be inspected prior to initial licensing and subsequently as
				determined by the Department.
B. All
				Home Health Agencies are subject to Inspection and/or Investigation at any time
				without prior notice by individuals authorized by the South Carolina Code of Laws.
				When Staff are absent from the Parent Home Health Agency, the Home Health Agency
				shall post information at the entrance of the Home Health Agency to those seeking
				legitimate access to the Home Health Agency, as to the expected return of the Staff.
				The Home Health Agency shall ensure the posted information includes contact
				information and the expected time of return of the Staff members and Patients. The
				Home Health Agency shall ensure the contact information includes the name of a
				designated contact and his or her telephone number. The Home Health Agency shall
				ensure the telephone number for the designated contact is not the Home Health Agency
				telephone number. (I)
C. Individuals
				authorized by South Carolina law shall be granted access to all properties and
				areas, objects, documents, and records at the time of Inspections and Investigations
				and in a timely manner and have the authority to require the Agency to make
				photocopies of those documents required in the course of Inspections or
				Investigations. Photocopies shall be used only for purposes of enforcement of
				regulations and confidentiality shall be maintained except to verify individuals in
				enforcement action proceedings. Records shall be made available to individuals
				authorized by the Department in a timely manner. (I)
D. When there is noncompliance with the licensing
				standards, the Agency shall submit an acceptable written plan of correction in a
				format determined by the Department. The Agency shall return the plan of correction
				by the date specified on the report of Inspection and/or Investigation. The Agency
				shall describe the following in the written plan of correction:
1. The actions taken to correct each cited
				deficiency;
2. The actions taken to
				prevent recurrences (actual and similar); and
3. The actual or expected completion dates of
				those actions. (II)
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-77 - STANDARDS FOR LICENSING HOME HEALTH AGENCIES › Sec2 61-77.200 - ENFORCEMENT OF REGULATIONS › Section 61-77.200.203 - Consultations

Current through Register Vol. 48, No. 6, June 28, 2024
Consultations may be provided by the Department as requested by
				  the Agency or as deemed appropriate by the Department.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-77 - STANDARDS FOR LICENSING HOME HEALTH AGENCIES › Sec2 61-77.300 - ENFORCEMENT ACTIONS › Section 61-77.300.301 - General

Current through Register Vol. 48, No. 6, June 28, 2024
When the Department determines that a Home Health Agency is in
				  violation of any statutory provision, rule, or regulation relating to the operation
				  or maintenance of such Agency, the Department, upon proper notice to the Licensee,
				  may deny, suspend, or revoke Licenses, or assess a monetary
				  penalty.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-77 - STANDARDS FOR LICENSING HOME HEALTH AGENCIES › Sec2 61-77.300 - ENFORCEMENT ACTIONS › Section 61-77.300.302 - Violation Classifications

Current through Register Vol. 48, No. 6, June 28, 2024
Violations of standards in this regulation are classified as
				  follows:
A. Class I violations are those
				that present an imminent danger to the health, safety, or well-being of the Patients
				of the Home Health Agency or a substantial probability that death or serious
				physical harm could result therefrom. A physical condition or one or more practices,
				means, methods, or operations in use in an Agency may constitute such a violation.
				The condition or practice constituting a Class I violation shall be abated or
				eliminated immediately unless a fixed period of time, as stipulated by the
				Department, is required for correction. Each day such violation exists after
				expiration of this time shall be considered a subsequent violation.
B. Class II violations are those, other than Class
				I violations, that the Department determines to have a direct or immediate
				relationship to the health, safety, or well-being of the Agency's Patients. The
				citation of a Class II violation shall specify the time within which the violation
				is required to be corrected. Each day such violation exists after expiration of this
				time shall be considered a subsequent violation.
C. Class III violations are those that are not
				classified as Class I or II in this regulation or those that are against best
				practices. The citation of a Class III violation shall specify the time within which
				the violation is required to be corrected. Each day such violation exists after
				expiration of this time shall be considered a subsequent violation.
D. The notations (I) or (II), placed within
				sections of this regulation, indicate those standards are Class I or II violations
				if they are not met, respectively. Failure to meet standards not so annotated are
				Class III violations.
E. When assessing
				a monetary penalty, the Department may invoke S.C. Code Section
				44-7-320(C)
				to determine the dollar amount or may utilize the following schedule:
FREQUENCY
CLASS I
CLASS II
CLASS III
1st
$500-1,500
$300-800
$100-300
2nd
1,000-3,000
500-1,500
300-800
3rd
2,000-5,000
1,000-3,000
500-1,500
4th
5,000
2,000-5,000
1,000-3,000
5th
5,000
5,000
2,000-5,000
6th
5,000
5,000
5,000
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-77 - STANDARDS FOR LICENSING HOME HEALTH AGENCIES › Sec2 61-77.400 - POLICIES AND PROCEDURES

Current through Register Vol. 48, No. 6, June 28, 2024
A. The Home Health
			 Agency shall maintain and adhere to written policies and procedures addressing the
			 manner in which the requirements of this regulation shall be met. The Home Health
			 Agency shall be in full compliance with the policies and procedures.
B. The Home Health Agency shall establish a time
			 period for review, not to exceed two (2) years, of all policies and procedures, and
			 such reviews shall be documented and signed by the Administrator. The Home Health
			 Agency shall ensure all policies and procedures are accessible to Agency Staff,
			 printed or electronically, at all times.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-77 - STANDARDS FOR LICENSING HOME HEALTH AGENCIES › Sec2 61-77.500 - STAFFING › Section 61-77.500.501 - General

Current through Register Vol. 48, No. 6, June 28, 2024
A. Before being employed
				or contracted as a Staff member, all Direct Care Staff shall undergo a criminal
				background check pursuant to S.C. Code Section
				44-7-2910.
				Staff members and volunteers of the Home Health Agency shall not have a prior
				conviction or pled no contest (nolo contendere) to unlawful conduct toward a child,
				as defined by S.C. Code Section 63-45-70; Abuse, Neglect, or Exploitation of a
				vulnerable adult, as defined by S.C. Code Sections
				43-35-10, et seq.; or any
				similar criminal offense. (I)
B. The
				Agency shall define in writing the responsibilities, qualifications, and
				competencies of Staff for all positions. The Agency shall ensure that the type and
				number of Staff are:
1. Properly licensed or
				credentialed in their respective professional fields as required for assigned job
				duties;
2. Trained as necessary to
				perform the duties for which they are responsible in an effective manner;
3. Capable of rendering care and services to
				Patients; and
4. Capable of following
				applicable regulations.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-77 - STANDARDS FOR LICENSING HOME HEALTH AGENCIES › Sec2 61-77.500 - STAFFING › Section 61-77.500.502 - Administrator

Current through Register Vol. 48, No. 6, June 28, 2024
A. The Home Health
				Agency shall have a full-time Administrator who is responsible for the overall
				management and operation of the Agency and meets one of the following:
1. A Physician or other Authorized Healthcare
				Provider;
2. A Registered Nurse;
				or
3. Has training and experience in
				health service administration and at least one (1) year of supervisory
				administrative experience in home health care or a related healthcare
				program.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-77 - STANDARDS FOR LICENSING HOME HEALTH AGENCIES › Sec2 61-77.500 - STAFFING › Section 61-77.500.503 - Clinical Manager

Current through Register Vol. 48, No. 6, June 28, 2024
The Home Health Agency shall designate a Physician or other
				  Authorized Healthcare Provider, or a Registered Nurse to supervise the professional
				  clinical activities in providing Home Health Services in accordance with the orders
				  and Treatment Plan of the Physician or other Authorized Healthcare Provider
				  responsible for the care of the Patient.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-77 - STANDARDS FOR LICENSING HOME HEALTH AGENCIES › Sec2 61-77.500 - STAFFING › Section 61-77.500.504 - Health Status. (I)

Current through Register Vol. 48, No. 6, June 28, 2024
A. The Home Health
				Agency shall ensure all Staff members who have contact with Patients have a
				documented Health Assessment within twelve (12) months prior to initial Patient
				contact. The Health Assessment shall include tuberculin skin testing as described in
				Section 1702.
B. If a Staff member is
				working at multiple Home Health Agencies or facilities operated by the same
				Licensee, copies of the documented Health Assessment shall be accessible at each
				location.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-77 - STANDARDS FOR LICENSING HOME HEALTH AGENCIES › Sec2 61-77.600 - REPORTING › Section 61-77.600.601 - Incidents

Current through Register Vol. 48, No. 6, June 28, 2024
A. The Home Health
				Agency shall document every Incident, and include an Incident review, investigation,
				and evaluation as well as corrective action taken, if any. The Home Health Agency
				shall retain all documented Incidents reported pursuant to this Section for six (6)
				years after the Patient involved is last Discharged. The Home Health Agency shall
				ensure the records are readily available and stored for the first year following
				Patient Discharge.
B. The Home Health
				Agency shall report the following types of Incidents to the Patient's Representative
				or emergency contact for each affected individual at the earliest practicable hour,
				not exceeding twenty-four (24) hours of the Incident. The Home Health Agency shall
				notify the Department immediately, not to exceed twenty-four (24) hours, via the
				Department's electronic reporting system or as otherwise determined by the
				Department. Incidents requiring reporting include, but are not limited to:
1. Confirmed or suspected crimes against a Patient
				by Agency Staff;
2. Confirmed or
				suspected Abuse, Neglect, or Exploitation of a Patient by Agency Staff;
3. Medication errors with adverse impact by Agency
				Staff;
4. Hospital admission or death
				resulting from an Incident while in the care of Agency Staff; and
5. Bone or joint fracture while in the care of
				Agency Staff.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-77 - STANDARDS FOR LICENSING HOME HEALTH AGENCIES › Sec2 61-77.600 - REPORTING › Section 61-77.600.602 - Administrator Changes

Current through Register Vol. 48, No. 6, June 28, 2024
A. The Agency shall
				notify the Department, in a means as determined by the Department, within
				seventy-two (72) hours of any change in Administrator status.
B. The Licensee shall notify the Department in a
				means as determined by the Department within ten (10) calendar days of any change in
				the Administrator, including the name of the newly-appointed individual, their
				qualifications pursuant to Section 502, and effective date of the
				appointment.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-77 - STANDARDS FOR LICENSING HOME HEALTH AGENCIES › Sec2 61-77.600 - REPORTING › Section 61-77.600.603 - Agency Closure

Current through Register Vol. 48, No. 6, June 28, 2024
In the event of closure of an Agency for any reason, the Home
				  Health Agency shall ensure continuity of care by promptly notifying the Patient's
				  Physician or other Authorized Healthcare Provider and arranging for referral to
				  other Home Health Agencies at the direction of the Physician or other Authorized
				  Healthcare Provider. The Home Health Agency shall notify the Department in writing
				  of the closure by the Agency no later than five (5) business days prior to closure.
				  (II)
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-77 - STANDARDS FOR LICENSING HOME HEALTH AGENCIES › Sec2 61-77.600 - REPORTING › Section 61-77.600.604 - Joint Annual Report

Current through Register Vol. 48, No. 6, June 28, 2024
All Home Health Agencies shall submit a Joint Annual Report as
				  specified by the Department.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-77 - STANDARDS FOR LICENSING HOME HEALTH AGENCIES › Sec2 61-77.700 - PATIENT RECORDS › Section 61-77.700.701 - Content (II)

Current through Register Vol. 48, No. 6, June 28, 2024
A. The Home Health
				Agency shall maintain an organized record for each Patient. The Home Health Agency
				shall ensure all entries in the Patient record are permanently written, typed, or
				electronic media, authenticated by the author, and dated.
B. The Home Health Agency shall ensure Patient
				records reflect services, treatment, and care provided directly to the Patient by
				the Home Health Agency or by the Contracted Party, including Patient progress, and
				descriptions of the planned clinical outcomes achieved.
C. The Home Health Agency shall ensure the
				specific Patient record entries and documentation include, at a minimum:
1. Face sheet;
a. Basic identification information;
b. Diagnosis;
c. Primary care Physician's name and phone
				number;
d. Representative's name, or
				name of other individual to be contacted in case of emergency, and phone
				number;
e. Patient's address and phone
				number;
f. Admission date; and
g. Start of Care Date;
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-77 - STANDARDS FOR LICENSING HOME HEALTH AGENCIES › Sec2 61-77.700 - PATIENT RECORDS › Section 61-77.700.702 - Record Maintenance

Current through Register Vol. 48, No. 6, June 28, 2024
A. The Licensee
				shall provide accommodations, space, supplies, and equipment for the protection,
				storage, and maintenance of Patient records in an organized manner. The Home Health
				Agency shall determine the medium in which information is stored.
B. Patient records are the property of the
				Licensee. The Home Health Agency shall maintain all Patient records at the Home
				Health Agency, including Contracted Party Patient records, and make available to
				Staff and other authorized individuals at all times, with the exception of Patient
				records being utilized with active Patients or by court order. (II)
C. The Home Health Agency shall ensure Patient
				record confidentiality and shall only make Patient records available to individuals
				authorized by law. (II)
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-77 - STANDARDS FOR LICENSING HOME HEALTH AGENCIES › Sec2 61-77.700 - PATIENT RECORDS › Section 61-77.700.703 - Authentication

Current through Register Vol. 48, No. 6, June 28, 2024
Home Health Agencies shall have policies and procedures to
				  prohibit the use or authentication of Patient records by unauthorized
				  users.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-77 - STANDARDS FOR LICENSING HOME HEALTH AGENCIES › Sec2 61-77.700 - PATIENT RECORDS › Section 61-77.700.704 - Record Retention

Current through Register Vol. 48, No. 6, June 28, 2024
A. The Home Health
				Agency shall ensure Patient records are completed upon Discharge within a timeframe
				as determined by the Home Health Agency, but no later than thirty (30) calendar days
				from the Patient's Discharge.
B. The
				Home Health Agency shall retain all Patient records for at least ten (10) years from
				the Patient's Discharge. The Home Health Agency shall retain all other documentation
				required by this regulation at least twelve (12) months or since the last
				Inspection, whichever is the longer period. If the Patient is a minor, the Home
				Health Agency shall retain the Patient's records at least until after the expiration
				the period of election following achievement of majority as prescribed by applicable
				law.
C. The Licensee shall arrange for
				preservation of records prior to closing a Home Health Agency, and shall notify the
				Department, in writing, describing these arrangements within ten (10) calendar days
				of closure.
D. In the event of change of
				ownership, the Home Health Agency shall ensure all active Patient records or copies
				of active Patient records are transferred to the new owner(s).
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-77 - STANDARDS FOR LICENSING HOME HEALTH AGENCIES › Sec2 61-77.800 - ADMISSIONS, DISCHARGES, AND TRANSFERS › Section 61-77.800.801 - Admission

Current through Register Vol. 48, No. 6, June 28, 2024
The Home Health Agency shall admit Patients for treatment on the
				  basis of a reasonable expectation that the Patient's medical, nursing, and social
				  needs can be met by the Agency in the Patient's place of
				  residence.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-77 - STANDARDS FOR LICENSING HOME HEALTH AGENCIES › Sec2 61-77.800 - ADMISSIONS, DISCHARGES, AND TRANSFERS › Section 61-77.800.802 - Discharge

Current through Register Vol. 48, No. 6, June 28, 2024
The Home Health Agency shall ensure each Patient, or
				  Representative if applicable, is informed of and participates in Discharge planning.
				  The Home Health Agency shall develop and maintain a written plan of Discharge with
				  the Patient or Representative that includes Patient or Representative signature and
				  date, a Discharge summary, and Discharge instructions.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-77 - STANDARDS FOR LICENSING HOME HEALTH AGENCIES › Sec2 61-77.800 - ADMISSIONS, DISCHARGES, AND TRANSFERS › Section 61-77.800.803 - Transfer

Current through Register Vol. 48, No. 6, June 28, 2024
The Home Health Agency shall provide requested Patient record
				  information to healthcare providers no later than two (2) business days following
				  notification of the transfer to ensure continuity of care.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-77 - STANDARDS FOR LICENSING HOME HEALTH AGENCIES › Sec2 61-77.900 - PATIENT CARE, TREATMENT, AND SERVICES › Section 61-77.900.901 - General

Current through Register Vol. 48, No. 6, June 28, 2024
The Home Health Agency shall ensure nursing and other Therapeutic
				  Services relative to the needs of the Patient, including medications administered,
				  are provided in a safe and effective manner; in accordance with federal, state, and
				  local laws and regulations; and established professional practices. The Home Health
				  Agency shall ensure the care and services provided are supervised by appropriate
				  qualified professionals. (I)
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-77 - STANDARDS FOR LICENSING HOME HEALTH AGENCIES › Sec2 61-77.900 - PATIENT CARE, TREATMENT, AND SERVICES › Section 61-77.900.902 - Comprehensive Assessment

Current through Register Vol. 48, No. 6, June 28, 2024
The Home Health Agency shall complete a Patient-specific
				  Comprehensive Assessment consistent with the Patient's immediate needs within a time
				  period determined by the Home Health Agency, but no later than five (5) business
				  days after admission. The Home Health Agency shall ensure the Comprehensive
				  Assessment addresses the Patient's medical, nursing, rehabilitative, social, and
				  Discharge planning needs and is used in making individual treatment decisions. The
				  Home Health Agency shall review and/or revise the Comprehensive Assessment as
				  changes in the Patient's condition occur or due to a major decline or improvement in
				  the Patient's health status.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-77 - STANDARDS FOR LICENSING HOME HEALTH AGENCIES › Sec2 61-77.900 - PATIENT CARE, TREATMENT, AND SERVICES › Section 61-77.900.903 - Treatment Plan

Current through Register Vol. 48, No. 6, June 28, 2024
The Home Health Agency shall develop and implement a Treatment
				  Plan based on the interdisciplinary needs of the Patient as determined by the
				  Comprehensive Assessment. The Home Health Agency shall ensure the Treatment Plan
				  identifies desired measurable clinical outcomes and the methods by which the
				  outcomes are achieved through implementation of the plan and includes medical
				  emergency situations. The Home Health Agency shall notify the Physician or other
				  Authorized Healthcare Provider when planned clinical outcomes are not achieved or
				  when there is a significant change in the Patient's clinical condition. The Home
				  Health Agency shall ensure the Treatment Plan is approved and reviewed by a
				  Physician or other Authorized Healthcare Provider at a frequency as determined by
				  the Agency but no less frequently than every sixty (60) calendar
				  days.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-77 - STANDARDS FOR LICENSING HOME HEALTH AGENCIES › Sec2 61-77.1000 - PATIENT RIGHTS › Section 61-77.1000.1001 - General (II)

Current through Register Vol. 48, No. 6, June 28, 2024
A. The Home Health
				Agency shall ensure Patient rights are guaranteed, and inform each Patient of:
1. The care to be provided and the opportunity to
				participate in care planning;
2.
				Grievance and complaint procedures including the Department's contact information
				and provisions prohibiting retaliation;
3. Confidentiality of Patient records;
4. Respect for the Patient's property;
5. Specific coverage and non-coverage of services
				and of his or her liability for payment;
6. Advance directive options;
7. Freedom from Abuse, Neglect, and Exploitation;
				and
8. Respect and dignity in receiving
				care.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-77 - STANDARDS FOR LICENSING HOME HEALTH AGENCIES › Sec2 61-77.1000 - PATIENT RIGHTS › Section 61-77.1000.1002 - Informed Consent

Current through Register Vol. 48, No. 6, June 28, 2024
The Home Health Agency shall obtain written informed consent from
				  the Patient, or Representative, for Home Health Services upon admission and provide
				  a copy to the Patient. The informed consent between the Patient and the Home Health
				  Agency shall include at least the following:
A. An explanation of the specific care, services,
				and/or equipment provided by the Home Health Agency;
B. An explanation of the conditions under which
				the Patient may be Discharged; and
C.
				Documentation of the explanation of the Patient's rights pursuant to Section 1001
				and the grievance procedure.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-77 - STANDARDS FOR LICENSING HOME HEALTH AGENCIES › Sec2 61-77.1000 - PATIENT RIGHTS › Section 61-77.1000.1003 - Patient Protections

Current through Register Vol. 48, No. 6, June 28, 2024
The Home Health Agency shall comply with all relevant federal,
				  state, and local laws and regulations related to Patient protections, as
				  appropriate, including Title VI, Section 601 of the Civil Rights Act of 1964 and the
				  Americans with Disabilities Act, and ensure that there is no discrimination with
				  regard to source of payment in the recruitment, location of Patient, and acceptance
				  or provision of goods and services to Patients or potential Patients, provided that
				  payment offered is not less than the cost of providing services.
				  (II)
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-77 - STANDARDS FOR LICENSING HOME HEALTH AGENCIES › Sec2 61-77.1200 - MEDICATION AND TREATMENT ORDERS

Current through Register Vol. 48, No. 6, June 28, 2024
The Home Health Agency shall ensure orders for medications and
				treatments are signed by a Physician or other Authorized Healthcare Provider and
				incorporated in the Patient's record. The Home Health Agency shall ensure verbal
				orders are received by a licensed nurse or licensed therapist and include the time
				of receipt of the order, description of the order, identification of the Physician
				or other Authorized Healthcare Provider and the individual receiving the order. The
				Home Health Agency shall ensure the verbal orders are authenticated and dated by a
				Physician or other Authorized Healthcare Provider pursuant to the Home Health
				Agency's policies and procedures, but no later than thirty (30) calendar days after
				the order is given. (II)
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-77 - STANDARDS FOR LICENSING HOME HEALTH AGENCIES › Sec2 61-77.1300 - AGREEMENTS WITH CONTRACTED PARTIES

Current through Register Vol. 48, No. 6, June 28, 2024
A. When a Home Health
			 Agency utilizes a Contracted Party to provide services, treatment, or care, , the
			 Home Health Agency shall maintain a written agreement with the Contracted Party
			 which describes how the services are provided in accordance with the Patient
			 Treatment Plan and which ensures that personnel providing these services are
			 qualified and properly supervised.
B.
			 The Home Health Agency shall ensure the Contracted Party complies with this
			 regulation.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-77 - STANDARDS FOR LICENSING HOME HEALTH AGENCIES › Sec2 61-77.1400 - EMERGENCY PROCEDURES AND DISASTER PREPAREDNESS. (II) › Section 61-77.1400.1401 - Disaster Preparedness

Current through Register Vol. 48, No. 6, June 28, 2024
A. The Home Health
				Agency shall develop and maintain a written emergency preparedness plan that shall
				be reviewed and updated at least annually. The Home Health Agency shall ensure the
				emergency preparedness plan addresses the needs of the Patients, and includes
				continuity of treatment, care, and services provided by the Agency to the
				Patients.
B. The Home Health Agency
				shall provide data, evacuation status, and other requested information during an
				emergent event as determined by the Department, and at a frequency as determined by
				the Department.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-77 - STANDARDS FOR LICENSING HOME HEALTH AGENCIES › Sec2 61-77.1400 - EMERGENCY PROCEDURES AND DISASTER PREPAREDNESS. (II) › Section 61-77.1400.1402 - Continuity of Care, Treatment, and Services

Current through Register Vol. 48, No. 6, June 28, 2024
The Home Health Agency shall have a written plan to be implemented
				  to ensure the continuation of essential Patient services for such reasons as power
				  outage, water shortage, or in the event of the absence from work of any portion of
				  the work force resulting from inclement weather or other causes.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-77 - STANDARDS FOR LICENSING HOME HEALTH AGENCIES › Sec2 61-77.1700 - INFECTION CONTROL › Section 61-77.1700.1701 - Staff Practices. (I)

Current through Register Vol. 48, No. 6, June 28, 2024
A. The Home
				Health Agency shall maintain and implement Staff practices that prevent the spread
				of infectious, contagious, and communicable diseases, including but not limited to,
				standard precautions, transmission-based precautions, contact precautions, airborne
				precautions, and isolation techniques. The Home Health Agency shall ensure proper
				disposal of toxic and hazardous substances. The Home Health Agency shall ensure the
				preventive measures and practices are in compliance with applicable guidelines of
				the Bloodborne Pathogens Standard of the Occupational Safety and Health Act of 1970,
				the Centers for Disease Control and Prevention, R.61-105, Infectious Waste
				Management, and other applicable federal, state, and local laws and
				regulations.
B. The Home Health Agency
				shall ensure the practice of hand hygiene to prevent the hand transfer of pathogens,
				and the use of barrier precautions such as gloves in accordance with established
				guidelines.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-77 - STANDARDS FOR LICENSING HOME HEALTH AGENCIES › Sec2 61-77.1700 - INFECTION CONTROL › Section 61-77.1700.1702 - Tuberculosis Risk Assessment and Screening (I)

Current through Register Vol. 48, No. 6, June 28, 2024
A. Tuberculosis (TB) Testing. The Home Health
				Agency shall utilize either Tuberculin Skin Test or Blood Assay for Mycobacterium
				tuberculosis (BAMT) for detecting Mycobacterium tuberculosis infection.
B. The Home Health Agency shall conduct an annual
				tuberculosis risk assessment in accordance with the Centers for Disease Control and
				Prevention guidelines.
C. Baseline
				Status.
1. The Home Health Agency shall determine
				the baseline status of all Staff according to current Centers for Disease Control
				and Prevention and Department tuberculosis guidelines.
2. Tuberculosis Screening. All Staff within three
				(3) months prior to Patient contact shall have a baseline two-step Tuberculin Skin
				Test or a single Blood Assay for Mycobacterium tuberculosis. If a new Staff member
				has had a documented negative Tuberculin Skin Test or a Blood Assay for
				Mycobacterium tuberculosis result within the previous twelve (12) months, a single
				Tuberculin Skin Test or the single Blood Assay for Mycobacterium tuberculosis may be
				administered and read to serve as the baseline prior to Patient contact.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-77 - STANDARDS FOR LICENSING HOME HEALTH AGENCIES › Sec2 61-77.1800 - QUALITY IMPROVEMENT PROGRAM

Current through Register Vol. 48, No. 6, June 28, 2024
A. The Home Health
			 Agency shall have a written, implemented quality improvement program, to include
			 risk management and infection control, which provides effective self-assessment and
			 implementation of measures designed to improve the services rendered by the
			 Agency.
B. The Home Health Agency shall
			 ensure the quality improvement program includes:
1. Establishing desired outcomes and the criteria
			 by which policy and procedure effectiveness is regularly, systematically, and
			 objectively measured;
2. Identifying,
			 evaluating, and determining the causes of any deviation from the desired
			 outcomes;
3. Identifying the action
			 taken to correct current deviations and prevent future deviation, and the persons
			 responsible for implementation of these actions;
4. Addressing quality indicator data to evaluate:
a. Quality of Patient care and Staff
			 performance;
b. Appropriateness of the
			 combination of services/mix of professionals reflected on the Treatment Plan; and c.
			 Effectiveness of the communication among Agency Staff.
5. Analyzing the appropriateness and clinical
			 necessity of admission, treatment, care and services; and
6. Establishing a systematic method of obtaining
			 feedback from Patients and Representatives.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-77 - STANDARDS FOR LICENSING HOME HEALTH AGENCIES › Sec2 61-77.2700 - SEVERABILITY

Current through Register Vol. 48, No. 6, June 28, 2024
In the event that any portion of this regulation is construed by a
				court of competent jurisdiction to be invalid, or otherwise unenforceable, such
				determination shall in no manner affect the remaining portions of this regulation,
				and they shall remain in effect as if such invalid portions were not originally a
				part of this regulation.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-77 - STANDARDS FOR LICENSING HOME HEALTH AGENCIES › Sec2 61-77.2800 - GENERAL

Current through Register Vol. 48, No. 6, June 28, 2024
Conditions that have not been addressed in this regulation shall be
				managed in accordance with the best practices as interpreted by the
				Department.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-78 - Standards for Licensing Hospices › Sec2 61-78.200 - LICENSE REQUIREMENTS › Section 61-78.200.201 - Scope of Licensure

Current through Register Vol. 48, No. 6, June 28, 2024
A. No person,
				private or public organization, political subdivision, or governmental agency may
				establish, conduct, or maintain a Hospice or Hospice Facility, or represent itself
				as a Hospice or Hospice Facility without first obtaining a license from the
				Department.
B. A license is effective
				for the twelve (12) month period following the date of issue and must prescribe by
				county the geographic area authorized to be served.
C. For a Hospice Facility, the license certificate
				shall specify the facility's address and number of beds authorized by a Certificate
				of Need issued by the Department.
D.
				Notwithstanding common ownership of multiple facilities, Hospice Facility buildings
				not located on the same adjoining or contiguous property requires an additional
				license per location. Roads or local streets, except limited access, such as
				interstate highways, shall not be considered as dividing otherwise adjoining or
				contiguous property.
E. A Hospice
				Facility shall include a posted license in a conspicuous place in a public area
				within the Hospice Facility. For multiple buildings on the same or adjoining
				grounds, the licensee shall post a copy of the license in a conspicuous place in a
				public area in each building.
F. A
				person, private or public organization, political subdivision, or governmental
				agency conducting or maintaining a Hospice or Hospice Facility without a
				Department-issued license shall cease operation immediately and ensure the safety,
				health, and well-being of the patients. (I)
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-78 - Standards for Licensing Hospices › Sec2 61-78.200 - LICENSE REQUIREMENTS › Section 61-78.200.202 - License Application

Current through Register Vol. 48, No. 6, June 28, 2024
Applicants for a license shall submit to the Department a
				  completed application on a form prescribed and furnished by the Department prior to
				  initial licensing and periodically thereafter at intervals determined by the
				  Department. The application includes both the applicant's oath assuring that the
				  contents of the application are accurate and true, and that the applicant will
				  comply with this regulation. The application shall indicate and be signed by the
				  owner(s) if an individual or partnership; in the case of a corporation by two (2) of
				  its officers; or in the case of a governmental unit, by the head of the governmental
				  department having jurisdiction. The application shall set forth the full name and
				  address of the Hospice headquarters, and the county or counties of service. For a
				  Hospice Facility, the application shall also set forth the Hospice Facility address
				  and number of beds to be licensed. The Department may issue a single license
				  certificate to an applicant to function as both a Hospice and Hospice Facility
				  license. The Department may require additional information, including affirmative
				  evidence of the applicant's ability to comply with these regulations. Corporations
				  or partnerships shall be registered with the South Carolina Office of the Secretary
				  of State.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-78 - Standards for Licensing Hospices › Sec2 61-78.200 - LICENSE REQUIREMENTS › Section 61-78.200.203 - Compliance

Current through Register Vol. 48, No. 6, June 28, 2024
An initial license shall not be issued to an applicant not
				  previously or continuously licensed by the Department until the applicant
				  demonstrates to the Department substantial compliance with the applicable licensing
				  standards. A copy of the licensing standards shall be accessible to all Hospices and
				  Hospice Facility staff. In the event a licensee, who already has a Hospice or any
				  facility licensed by the Department, makes application for licensure for an
				  additional Hospice or other facility, the currently licensed Hospice or other
				  facility shall be in substantial compliance. Prior to construction or establishment
				  of a new Hospice Facility, or increasing the number of beds in an existing facility,
				  a Hospice Facility shall obtain a Certificate of Need from the
				  Department.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-78 - Standards for Licensing Hospices › Sec2 61-78.200 - LICENSE REQUIREMENTS › Section 61-78.200.204 - Issuance of License

Current through Register Vol. 48, No. 6, June 28, 2024
A. Current or previous
				violations of the South Carolina Code and/or Department regulations may jeopardize
				the issuance of a license for a Hospice, Hospice Facility, and/or any other facility
				licensed by the Department.
B. A license
				is not assignable or transferable and is subject to suspension or revocation at any
				time by the Department for the licensee's failure to comply with the laws and
				regulations of this state.
C. The
				issuance of a license does not guarantee adequacy of individual care, treatment, or
				services, personal safety, fire safety, or the well-being of any Hospice patient or
				Hospice Facility occupant.
D. The
				entirety of this regulation only applies to Hospices operating within the State of
				South Carolina.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-78 - Standards for Licensing Hospices › Sec2 61-78.200 - LICENSE REQUIREMENTS › Section 61-78.200.205 - Licensing Fees

Current through Register Vol. 48, No. 6, June 28, 2024
A. Method of Payment.
				Licensing fees shall be made payable by check, credit card, or money order to the
				Department.
B. Fee Amount. Fees include
				an initial and renewal license fee of one hundred dollars ($100.00) plus fifty
				dollars ($50.00) for each county in which services are provided. For a Hospice
				Facility, fees include an additional ten dollars ($10.00) per bed or seventy-five
				dollars ($75.00), whichever is greater.
C. Additional Counties or Beds. Fees for
				additional licensed beds or counties shall not be prorated based upon the remaining
				months of the licensure year.
D.
				Applicants shall pay the initial fee with submission of the license application.
				Licensees shall pay renewal fees with submission of the renewal application. If an
				application is denied, the fee shall be refunded.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-78 - Standards for Licensing Hospices › Sec2 61-78.200 - LICENSE REQUIREMENTS › Section 61-78.200.206 - Late Fee

Current through Register Vol. 48, No. 6, June 28, 2024
Failure to submit a renewal application or fee before the license
				  expiration date shall result in a late fee(s) of twenty-five percent (25%) of the
				  licensing fee amount, but not less than seventy-five dollars ($75.00), in addition
				  to the licensing fee. Continual failure to submit completed and accurate renewal
				  applications and/or fees by the time-period specified by the Department may result
				  in an enforcement action.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-78 - Standards for Licensing Hospices › Sec2 61-78.200 - LICENSE REQUIREMENTS › Section 61-78.200.207 - License Renewal

Current through Register Vol. 48, No. 6, June 28, 2024
To renew a license, an applicant shall file an application with
				  the Department and pay a license fee. Additionally, the licensee must not be under
				  consideration for an enforcement action by the Department or undergoing enforcement
				  actions by the Department. If the license renewal is delayed due to enforcement
				  actions, the renewal license will be issued only when the matter has been resolved
				  satisfactorily by the Department or when the adjudicatory process is completed,
				  whichever is applicable.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-78 - Standards for Licensing Hospices › Sec2 61-78.200 - LICENSE REQUIREMENTS › Section 61-78.200.208 - Change of License

Current through Register Vol. 48, No. 6, June 28, 2024
A. A licensee shall
				request issuance of an amended license by application to the Department prior to any
				of the following circumstances:
1. Change of
				ownership; or
2. Change of licensed bed
				capacity (if applicable);
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-78 - Standards for Licensing Hospices › Sec2 61-78.200 - LICENSE REQUIREMENTS › Section 61-78.200.209 - Hospice Name

Current through Register Vol. 48, No. 6, June 28, 2024
No proposed Hospice or Hospice Facility shall be named, nor may
				  any existing Hospice or Hospice Facility have its name changed to, the same or
				  similar name as any other Hospice or Hospice Facility licensed in the State. If a
				  Hospice is part of a franchise with multiple locations, the Hospice must include the
				  geographic area in which it is located as part of its name. (II)
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-78 - Standards for Licensing Hospices › Sec2 61-78.200 - LICENSE REQUIREMENTS › Section 61-78.200.210 - Licensed Area

Current through Register Vol. 48, No. 6, June 28, 2024
A Hospice shall only serve those counties identified on the face
				  of the license, and all services must be made available throughout the entire
				  licensed county or counties identified. Failure to provide the full scope of
				  services in all areas indicated on the license may be cause for revocation of the
				  Hospice's license in those counties or other sanction. (II)
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-78 - Standards for Licensing Hospices › Sec2 61-78.200 - LICENSE REQUIREMENTS › Section 61-78.200.211 - Licensed Bed Capacity

Current through Register Vol. 48, No. 6, June 28, 2024
A Hospice Facility shall not exceed the bed capacity identified on
				  the face of the license. A licensee shall obtain authorization from the Department
				  before establishing new care, treatment, or services or occupying additional beds or
				  renovated space. Beds for use by staff members and/or volunteers shall not be
				  included in the licensed bed capacity number provided such beds and locations are
				  identified and used exclusively by staff members and/or volunteers. (I)
EXCEPTION:
Designated guest rooms, which shall not be
				  counted as part of the licensed bed capacity, may be utilized for housing of family
				  members or responsible party.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-78 - Standards for Licensing Hospices › Sec2 61-78.200 - LICENSE REQUIREMENTS › Section 61-78.200.212 - Persons Received in Excess of Licensed Bed Capacity

Current through Register Vol. 48, No. 6, June 28, 2024
A Hospice Facility shall not receive persons in excess of the
				  licensed bed capacity except in cases of justified emergencies. (I)
EXCEPTION:
In the event the Hospice Facility
				  temporarily provides shelter for evacuees who have been displaced due to a disaster,
				  then for the duration of that emergency, provided the health, safety, and well-being
				  of all patients are not compromised, it is permissible to temporarily exceed the
				  licensed capacity for the Hospice Facility in order to accommodate these
				  individuals.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-78 - Standards for Licensing Hospices › Sec2 61-78.200 - LICENSE REQUIREMENTS › Section 61-78.200.213 - Multiple Locations

Current through Register Vol. 48, No. 6, June 28, 2024
A. A Hospice shall
				not establish, operate, or maintain a multiple location or represent itself as such
				without first registering the multiple location with the Department and receiving
				approval of the registration from the Department confirming that the Hospice has
				properly filed the application to amend its license and include the multiple
				location.
B. Hospices desiring to obtain
				approval for the registration of a multiple location shall file with the Department
				an application on a form prescribed, prepared, and furnished by the
				Department.
C. A multiple location
				registration shall be effective until the expiration of the license of the parent
				hospice in effect at the time of the initial approval of the multiple
				location.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-78 - Standards for Licensing Hospices › Sec2 61-78.200 - LICENSE REQUIREMENTS › Section 61-78.200.214 - Exceptions to Licensing Standards

Current through Register Vol. 48, No. 6, June 28, 2024
The Department has the authority to make exceptions to these
				  standards where it is determined that the health, safety, and well-being of the
				  patients are not compromised, and provided the standard is not specifically required
				  by statute.