reglab/statecodes huggingface dataset:
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-25 - Retail Food Establishments › Chapter 61-25.9 - STANDARDS FOR ADDITIONAL RETAIL FOOD ESTABLISHMENT OPERATIONS › Part 61-25.9-6 - IMMEDIATE OUTDOOR COOKING

Current through Register Vol. 48, No. 6, June 28, 2024
This standard shall apply to retail food establishments that
				  provide food by outdoor cooking, grilling, or roasting of the food on their
				  premises.
(A)
Definition.
Immediate outdoor cooking (IOC)
is defined as
				  the outdoor cooking, grilling, or roasting of food on the physical premises of
				  a permitted retail food establishment. Immediate outdoor cooking activities
				  shall not be associated with a mobile food unit, mobile food pushcart, farmer's
				  market, or seasonal series.
(B)
General.
(1) A retail food establishment that conducts
				IOC shall comply with all applicable provisions of this regulation, except as
				outlined in this standard.
(2) The
				Department may prohibit the distribution of certain time/temperature control
				for safety food, and may modify specific requirements for physical facilities
				when, in the opinion of the Department, no health hazard will result.
(3) The retail food establishment shall be in
				operation at all times during any IOC activities.
(4) The retail food establishment is solely
				responsible for all IOC provisions, including, but not limited to, employees,
				person in charge, food supplies, and preparations.
(5) The Department must approve the location
				that is to be considered the IOC area.
(6) The Department may have additional
				requirements due to environmental conditions that may pose a risk for
				contamination of food products. Under such conditions, the Department may limit
				or cease the use of the outdoor cooking and service areas.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-25 - Retail Food Establishments › Chapter 61-25.9 - STANDARDS FOR ADDITIONAL RETAIL FOOD ESTABLISHMENT OPERATIONS › Part 61-25.9-7 - BARBECUE PIT AND PIT-COOKING ROOM CONSTRUCTION

Current through Register Vol. 48, No. 6, June 28, 2024
This standard shall apply to the construction and operation
				  of a barbeque pit or smokehouse room as part of a retail food
				  establishment.
(A)
Definition.
Barbecue
is defined as a single process method
				  of cooking by which meat, poultry, or fish (either whole or in pieces) is
				  covered and slow cooked in a pit or on a spit using an indirect or direct heat
				  source.
(B)
General.
Barbecue pit rooms shall be located on the physical premises
				  of the permitted retail food establishment.
(C)
Employees.
(1) Food employees shall not contact exposed,
				ready-to-eat-food with their bare hands and shall use suitable utensils such as
				deli tissue, spatulas, tongs, single-use gloves, or dispensing
				utensils.
(2) Personal clothing and
				belongings shall be stored in a designated place away from food preparation,
				food service, dry storage areas, utensil and single-service article storage,
				and utensil washing areas.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-25 - Retail Food Establishments › Chapter 61-25.9 - STANDARDS FOR ADDITIONAL RETAIL FOOD ESTABLISHMENT OPERATIONS › Part 61-25.9-8 - TEMPORARY FOOD SERVICE ESTABLISHMENTS

Current through Register Vol. 48, No. 6, June 28, 2024
This standard shall apply to the construction and operation
				  of a temporary food establishment.
(A)
Definitions.
A
temporary food service establishment
is
				  defined as an establishment that may be authorized by the Department to operate
				  at a fixed location for a period of time not to exceed fourteen (14)
				  consecutive days in connection with a fair, carnival, circus, trade show, movie
				  or filming location, golf or other national sporting events, and other
				  transitory gatherings organized by the community. This standard also applies to
				  retail food service establishments that operate in an area affected by a
				  natural or man-made disaster and where a state of emergency or a public health
				  emergency has been declared.
(B)
General.
(1) Temporary food service establishments
				shall comply with all applicable sections of this regulation except as outlined
				in this standard.
(2) The
				Department may prohibit the distribution of certain time/temperature control
				for safety food, and may modify specific requirements for physical facilities
				when, in the opinion of the Department, no health hazard will result.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-25 - Retail Food Establishments › Chapter 61-25.9 - STANDARDS FOR ADDITIONAL RETAIL FOOD ESTABLISHMENT OPERATIONS › Part 61-25.9-9 - COMMUNITY FESTIVALS

Current through Register Vol. 48, No. 6, June 28, 2024
This standard shall apply to the service of food and the
				  requirements of food vendors at community festivals.
(A)
Definitions.
Community festivals
are defined as events
				  sponsored by a community group, city/county/state organization, as a community
				  celebration, that are generally theme related, and have multiple food vendors
				  recruited to provide food to the public for a time period not to exceed three
				  (3) consecutive days or no more than seventy-two (72) continuous hours. Each
				  community festival is unique and will not be held more frequently than
				  annually, although a sponsoring organization or group might have multiple but
				  differently themed community festivals in a year.
(B)
General.
(1) Community festival food vendors shall
				comply with all applicable sections of this regulation except as outlined in
				this standard.
(2) The Department
				may prohibit the distribution of certain time/temperature control for safety
				food and may modify specific requirements for physical facilities when, in the
				opinion of the Department, no health hazard will result.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-25 - Retail Food Establishments › Chapter 61-25.9 - STANDARDS FOR ADDITIONAL RETAIL FOOD ESTABLISHMENT OPERATIONS › Part 61-25.9-10 - SPECIAL PROMOTIONS

Current through Register Vol. 48, No. 6, June 28, 2024
This standard shall apply to the service of food and the
				  requirements of food vendors at special promotions.
(A)
Special promotions
are
				defined as events sponsored by businesses or city/county organizations that may
				be authorized by the Department to prepare and dispense food for the purpose of
				promoting a product or service. Preparation and dispensing food at special
				promotions are limited to one (1) day in duration at four (4) separate times
				per year. Special promotions do not include regularly occurring sporting
				events, such as, but not limited to, school ballgames.
(B)
General.
(1) Food preparation and service areas shall
				comply with all applicable sections of this regulation except as outlined in
				this standard.
(2) The Department
				may prohibit the distribution of certain time/temperature control for safety
				foods, and may modify specific requirements for physical facilities when, in
				the opinion of the Department, no health hazard will result.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-25 - Retail Food Establishments › Chapter 61-25.9 - STANDARDS FOR ADDITIONAL RETAIL FOOD ESTABLISHMENT OPERATIONS › Part 61-25.9-11 - RETAIL FOOD ESTABLISHMENT - SOUTH CAROLINA FARMER ' S MARKETS, SEASONAL SERIES, AND REMOTE SERVICE

Current through Register Vol. 48, No. 6, June 28, 2024
This standard shall apply to the service of food and the
				  requirements of food vendors participating in SC Farmers Markets, Seasonal
				  Series, Remote Service Operations, or other events as approved by the
				  Department.
(A)
Definitions.
(1)
Community-based farmers market
means a market sponsored by a
				community or governmental organization either having been Certified by the
				South Carolina Department of Agriculture as a SC Certified Farmer's Market or a
				farmers market that meets the definition of the Farmers Market Coalition which
				states, "A farmers market operates multiple times per year and is organized for
				the purpose of facilitating personal connections that create mutual benefits
				for local farmers, shoppers, and communities and implements rule or guidelines
				of operation that ensure that the farmers market consists principally of farms
				selling directly to the public products that the farms have
				produced."
(2)
Seasonal
				series
means a regularly occurring event sponsored by a community or
				governmental organization for promoting local business, culture, or other local
				specialties.
(3)
Remote
				service operation
means a permitted retail food establishment providing
				food to individual consumers at an indoor location by food employees of the
				retail establishment who maintain control of the food service.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-29 - Environmental Health Inspections and Fees

Current through Register Vol. 48, No. 6, June 28, 2024
A. Purpose. The Department of Health and
		  Environmental Control (Department), to prevent disease and protect the
		  environment, is required by various state laws and regulations to conduct
		  environmental health inspections at facilities licensed, regulated, or
		  registered by other state agencies. The Department also is requested by various
		  state and federal agencies by policy or program guidelines to provide general
		  environmental health inspections of specified facilities. These inspections
		  cannot be provided unless funds to defray the cost of conducting the
		  inspections and administering and operating the program are made
		  available.
B. Inspections. The
		  Department may conduct environmental health inspections for agencies which have
		  developed inspection standards. These inspection standards shall be approved by
		  the Department prior to performance of environmental health inspections.
		  Requests for inspection shall be made by the agency on forms prescribed by the
		  Department and shall contain all information requested on the form. The
		  Department shall report the results of the inspection to the facility and to
		  the requesting agency.
C.
		  Facilities. Facilities subject to these inspections include, but are not
		  limited to: Private and Public Child Day Care Centers, Child Day Care Centers
		  Operated by Religious Bodies or Groups, Private and Public Group Day Care
		  Centers, Family Day Care Homes, Residential Child Caring Institutions,
		  Residential Group Caring Facilities for Children, and Spouse Abuse Shelters
		  under the jurisdiction of the Department of Social Services (DSS), and Child
		  Development Centers under the jurisdiction of the Department of Mental
		  Retardation (DMR).
D. Fees. The fee
		  for conducting environmental health inspections is sixty dollars ($60.00) per
		  facility, and shall be remitted to the Department by the agency requesting the
		  inspection, or in such other manner as approved by the Department, prior to the
		  inspection.
E. Enforcement
		  Provisions. The Department shall conduct follow-up inspections and provide
		  consultation and assistance to owners/operators of facilities with violations
		  of statutes and regulations enforced by the Department (e.g., water, sewage,
		  swimming pools, and lead). Follow-up inspections to ascertain compliance with
		  other inspection standards noted by the Department are the responsibility of
		  the requesting agency. The Department shall cooperate with the requesting
		  agency in the resolution of problems arising from health inspections. Other
		  follow-up inspections shall be conducted only upon written application and
		  payment of a fee as prescribed above.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-30 - Environmental Protection Fees › Section 61-30.A - Purpose and Scope

Current through Register Vol. 48, No. 6, June 28, 2024
Pursuant to South Carolina Code Sections
				48-2-50 (1993)
				and 48-39-145, the Department of Health and Environmental Control shall charge
				fees for environmental programs it administers pursuant to federal and state
				law and regulations. This regulation prescribes those fees applicable to
				applicants and holders of permits, licenses, certificates, certifications, and
				registrations (hereinafter, "permits") and establishes schedules for timely
				action on permit applications. This regulation also establishes procedures for
				the payment of fees, provides for the assessment of penalties for nonpayment,
				and establishes an appeals process to contest the calculation or
				applicability.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-30 - Environmental Protection Fees › Section 61-30.C - Payment of Fees

Current through Register Vol. 48, No. 6, June 28, 2024
Application and other fees shall be paid in full as
				follows:
(1) Application fees:
(a) The Department may specify through the
			 establishment of payment invoices, permit application forms, or other
			 standardized instructions the form and manner of payment of all permit
			 application fees.
(b) Application
			 fees shall be due when the application is submitted. The Department will not
			 process an application until the application fee is received.
(c) If the applicant withdraws the permit
			 application anytime before or after the application has been deemed
			 Administratively Complete, but prior to the Technical review of the
			 application, the Department shall refund the entire application fee to the
			 applicant.
(d) Once an applicant
			 has been notified that the application has been deemed Administratively
			 Complete, the Department shall issue or deny the permit within the time period
			 established in Section H below; if no permit decision has been rendered by the
			 end of the relevant time period, the application fee shall be
			 refunded.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-30 - Environmental Protection Fees › Section 61-30.D - Penalties

Current through Register Vol. 48, No. 6, June 28, 2024
(1) All fees other
			 than application fees remaining unpaid thirty (30) days after billing will be
			 issued a late notice with no penalty due; however, it will contain advisement
			 of penalty for non-payment after sixty (60) days. Fees remaining unpaid after
			 sixty (60) days will be assessed a ten percent (10%) penalty. Persons
			 delinquent will be issued a notice of the ten percent (10%) penalty due the
			 Department as well as advisement of further penalties should fees remain
			 unpaid. Fees remaining unpaid at the end of ninety (90) days will be assessed a
			 twenty five percent (25%) penalty in addition to the ten percent (10%) sixty
			 day penalty. The sum of both penalties may not exceed five thousand dollars.
			 Persons delinquent at the end of ninety (90) days under this paragraph, will be
			 notified by the Department by certified mail at their last known
			 address.
(2) All returned checks
			 will be subject to a returned check fee as outlined in the DHEC Administrative
			 Policy and Procedures Manual. This penalty will be in addition to those
			 outlined in Paragraph D(1).
(3)
			 Failure to pay fees may, after a hearing in accordance with the provisions of
			 Section F, result in the revocation of an existing permit, license,
			 registration or certification.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-30 - Environmental Protection Fees › Section 61-30.E - Reporting

Current through Register Vol. 48, No. 6, June 28, 2024
A quarterly report will be made to the DHEC Board. The report
				shall include, but not be limited to, fees set and established under this
				regulation, changes made in the fee schedule since the last report, number of
				applications received and number of permits issued by each permitting program,
				adherence to the time schedules as listed in Section H., reduction, if any, in
				the backlog of permit applications awaiting review, the amount collected and
				expended by each fee source and any other information requested by the
				Board.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-30 - Environmental Protection Fees › Section 61-30.F - Appeals

Current through Register Vol. 48, No. 6, June 28, 2024
Any person required to pay a fee established pursuant to this
				regulation who disagrees with the calculation or applicability of the fee may
				submit to the Department a petition for a hearing together with the total
				amount of the fee assessed by the Department. The petition must comply with the
				requirements of Section201 of Regulation Regulation
				61-72 and must identify the fee
				which is challenged and set forth the grounds on which relief is sought. Such
				petition and the full amount of the fee due must be received by the Department
				no later than thirty days after the due date. The hearing shall be in
				accordance with Regulation Regulation
				61-72, Procedures for Contested
				Cases, and the State Administrative Procedures Act. If, through the appeals
				process, it is determined that the fee was improperly assessed, the Department
				shall return the amount determined to be improperly assessed with interest not
				to exceed the statutory rate.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-30 - Environmental Protection Fees › Section 61-30.I - Compliance with Other Statutes and Regulations

Current through Register Vol. 48, No. 6, June 28, 2024
Nothing in this regulation shall relieve the applicant of the
				duty to comply with all other applicable environmental statutes and
				regulations.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-31 - Health Care Cooperative Agreements › Chapter 1 - PURPOSE, DEFINITIONS, APPLICABILITY › Section 61-31.1.101 - Purpose

Current through Register Vol. 48, No. 6, June 28, 2024
These Regulations implement the legislative intent that there
				  be a state regulatory program to permit and encourage cooperative agreements
				  between hospitals, health care purchasers, or other health care providers which
				  would otherwise violate federal or state anti-trust laws when the benefits
				  outweigh disadvantages caused by their potential adverse effects on
				  competition.
This is encouraged because the cost of improved technology
				  and scientific methods contribute significantly to the increasing cost of
				  health care; and cooperative agreements among hospitals, health care purchaser,
				  and other health care providers will foster improvements in the quality of
				  health care for South Carolinians.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-31 - Health Care Cooperative Agreements › Chapter 1 - PURPOSE, DEFINITIONS, APPLICABILITY › Section 61-31.1.102 - Definitions

Current through Register Vol. 48, No. 6, June 28, 2024
As used in this regulation:
1) "Affected persons" means a health care
				provider or purchaser:
a) who provides or
				purchases the same or similar health care services in the geographic area
				served or to be served by the applicants for a Certificate of Public Advantage:
				or
b) who has notified the
				Department of his interest in applications for Certificates of Public Advantage
				and has a direct economic interest in the decision. Other than health insurers
				licensed in South Carolina, persons from other states who would otherwise be
				considered 'affected persons' are not included unless that state provides for
				similar involvement of persons from South Carolina in a similar process in that
				state.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-31 - Health Care Cooperative Agreements › Chapter 1 - PURPOSE, DEFINITIONS, APPLICABILITY › Section 61-31.1.103 - Applicability

Current through Register Vol. 48, No. 6, June 28, 2024
This regulation applies to health care providers, health care
				  networks, and health care purchasers who apply for a Certificate of Public
				  Advantage and to those who receive a Certificate of Public Advantage.
The issuance of a Certificate of Public Advantage is not
				  required in order for health care providers, purchasers or networks, to
				  negotiate and enter into cooperative agreements with other health care
				  providers. Parties to a cooperative agreement may apply to the Department for a
				  Certificate of Public Advantage, should they desire.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-31 - Health Care Cooperative Agreements › Chapter 2 - APPLICATION › Section 61-31.2.201 - Application Submission

Current through Register Vol. 48, No. 6, June 28, 2024
Two copies of the application shall be forwarded to the
				  Department in the format described in Section202. The application shall be on 8
				  1/2 × 11 paper, one side only, and three hole punched on the left
				  side.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-31 - Health Care Cooperative Agreements › Chapter 2 - APPLICATION › Section 61-31.2.202 - Application

Current through Register Vol. 48, No. 6, June 28, 2024
In answering the following questions, the applicants may
				  refer to specific sections of the executed cooperative agreement in lieu of
				  repeating the required information.
For each response for which confidentiality has been sought
				  pursuant to Section310, include the following statement: "Submitted separately
				  under claim of confidentiality."
An application shall consist of:
(a) PART A. Questionnaire.
QUESTIONNAIRE
PART A.
PARTies To The Cooperative Agreement
Name
Title
Address
1.
2.
3.
4.
5.
Brief Description of Proposal
Describe Proposed Market Area
Person Responsible For This
								Application
Title
Address
Telephone Number
All parties hereby certify that the information
								contained in this Application, including all assurances and attachments,are
								accurate and correct to the best of our knowledge and belief.
Signature __________
Date ____
(b)
				PART B. Narrative
1.
(A) Describe the agreement in detail,
				including all the parties and each party's responsibilities, obligations and
				commitments.
(B) State whether the
				project will change the existing services of a health care provider.
(C) Describe any shared services.
(D) Describe any obligation for future
				commitments or negotiations.
(E)
				Describe the nature and scope of the cooperation that is required by each party
				to the agreement.
(F) Describe in
				detail any monetary or other consideration passing to a party under the
				cooperative agreement.
(G) Describe
				in detail any merger, lease, change of ownership or other change in control of
				the assets of any party to the cooperative agreement.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-31 - Health Care Cooperative Agreements › Chapter 3 - DISPOSITION OF APPLICATION › Section 61-31.3.301 - Submission of Application

Current through Register Vol. 48, No. 6, June 28, 2024
Two copies of the application, and the filing fee set forth
				  in Section509shall be submitted to the Bureau of Health Facilities and Services
				  Development, S.C. Department of Health and Environmental Control, 2600 Bull
				  Street, Columbia, SC 29201.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-31 - Health Care Cooperative Agreements › Chapter 3 - DISPOSITION OF APPLICATION › Section 61-31.3.302 - Additional Information

Current through Register Vol. 48, No. 6, June 28, 2024
(A) After
				receipt of an application and the appropriate filing fee, the Department will
				review the application. The Department may request additional information
				within thirty days of receipt of the application. The applicant will have
				thirty days from the date of the request to submit the additional
				information.
(B) If the additional
				information submitted in response to the Department's request is incomplete,
				the Department will have fifteen (15) days in which to request further
				information. If information necessary to deem the application complete is not
				submitted within thirty (30) days of the second request, the application will
				be considered withdrawn. An application that is withdrawn does not preclude the
				applicant from resubmitting a new application.
(C) An application is complete when the
				Department notifies the applicant that all necessary information has been
				received or when no request for additional information has been made within
				thirty days of receipt of the original application.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-31 - Health Care Cooperative Agreements › Chapter 3 - DISPOSITION OF APPLICATION › Section 61-31.3.303 - Notice and Opportunity for Public Hearing

Current through Register Vol. 48, No. 6, June 28, 2024
(A) Upon receipt of an application and the
				appropriate filing fee the Department shall publish in the State Register a
				notice of the receipt of the application.
(B) An affected person as defined in these
				regulations who requests a public hearing must do so in writing within thirty
				days of notice pursuant to Section304that a completed application has
				been received by the Department.
(C) The Department will determine whether a
				public hearing will be held; grounds for denying a public hearing include, but
				are not limited to, a finding that the requestor is not an affected person.
				When such a public hearing is held, thirty days prior notice of the hearing
				will be provided to affected persons. The written notification of the hearing
				shall include the proposed schedule for review, time, date and place of the
				public hearing. The public hearing shall provide an opportunity for any person
				to present information relevant to the application.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-31 - Health Care Cooperative Agreements › Chapter 3 - DISPOSITION OF APPLICATION › Section 61-31.3.304 - Notification of Affected Persons

Current through Register Vol. 48, No. 6, June 28, 2024
Upon the Department's determination that an application is
				  complete, the Department shall publish in a newspaper having general
				  circulation in the area a public notice that the cooperative agreement
				  application is complete, and when affected persons may request a public
				  hearing. The public notice shall run three consecutive days. Any affected
				  person who has requested in writing to be notified of the determination of the
				  completeness of an application shall be notified in writing by the
				  Department.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-31 - Health Care Cooperative Agreements › Chapter 3 - DISPOSITION OF APPLICATION › Section 61-31.3.305 - Review by the S.C. Attorney General

Current through Register Vol. 48, No. 6, June 28, 2024
Upon receipt of a completed application, the Department shall
				  forward a copy of the application to the S. C. Attorney General. After review
				  in accordance with SC Code Section
				  44-7-550,
				  the Attorney General may advise the Department in writing to approve or deny
				  the application. If no report is received from the Attorney General within
				  thirty days, the Department will consider that as a recommendation to approve
				  the request. If the Attorney General recommends denial of the Certificate of
				  Public Advantage, the Department will consider the reasons therefor. The
				  Attorney General's opinion is advisory and DHEC is responsible for rendering
				  the final decision.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-31 - Health Care Cooperative Agreements › Chapter 3 - DISPOSITION OF APPLICATION › Section 61-31.3.306 - Review Time Frames

Current through Register Vol. 48, No. 6, June 28, 2024
The Department must make a decision on the complete
				  application within 60 days of the receipt of a complete application or
				  notification to the applicant that an application is complete, if additional
				  information has been requested, or within sixty days of any public hearing,
				  whichever is later.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-31 - Health Care Cooperative Agreements › Chapter 3 - DISPOSITION OF APPLICATION › Section 61-31.3.307 - Department Decision

Current through Register Vol. 48, No. 6, June 28, 2024
On the basis of staff review of the record established by the
				  Department, including but not limited to comments from the Attorney General's
				  office, the application, written and verbal comments by affected persons and
				  other persons concerning the application, data studies, literature and other
				  information available to the Department, the staff of the Department shall make
				  a proposed decision to grant or deny the Certificate of Public Advantage. The
				  proposed decision of the Department shall be in writing and shall set forth the
				  basis for the decision. The Department shall furnish a copy of the decision to
				  applicants and any affected persons who have asked to be notified. The proposed
				  decision becomes the final agency decision within fifteen (15) days after the
				  receipt of a notice of the proposed decision by the applicant or an affected
				  person who has requested to be notified of the decision, unless a contested
				  case hearing is requested pursuant to Chapter 5-Appeals of this regulation. The
				  Department's proposed decision is not final until the completion of the
				  contested case proceedings. The Department shall publish its final decisions in
				  the State Register.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-31 - Health Care Cooperative Agreements › Chapter 3 - DISPOSITION OF APPLICATION › Section 61-31.3.308 - Project Changes During Review Period

Current through Register Vol. 48, No. 6, June 28, 2024
The Department will review any amendments submitted during
				  the review process and may notify the applicant that the amendments constitute
				  a new application, and that the requirements of Section301, 302, and 303 of this regulation
				  must be complied with. All applicable times shall be counted as though the
				  amendment were a new application.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-31 - Health Care Cooperative Agreements › Chapter 3 - DISPOSITION OF APPLICATION › Section 61-31.3.309 - Validity of Certificate of Public Advantage

Current through Register Vol. 48, No. 6, June 28, 2024
The Certificate of Public Advantage, if issued, is only valid
				  for the project described in the application including parties involved,
				  services to be offered, mergers or consolidations approved, or other factors as
				  set forth in the application, except as it may be modified in accordance with
				  these regulations. Implementation of a project or undertaking a project that is
				  not in accordance with the Certificate of Public Advantage application or
				  conditions subsequently agreed to by the applicant and the Department may be
				  grounds for revocation of the Certificate of Public
				  Advantage.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-31 - Health Care Cooperative Agreements › Chapter 3 - DISPOSITION OF APPLICATION › Section 61-31.3.310 - Proprietary Information

Current through Register Vol. 48, No. 6, June 28, 2024
Information obtained by the Department from the parties
				  requesting a Certificate of Public Advantage shall be available to the public
				  in accordance with the Freedom of Information Act unless the Department
				  determines that the information is protected from disclosure. The Department
				  will make this determination if an applicant submits the information sought to
				  be protected separately, clearly marked as "Confidential", and submits
				  justification that the information is entitled to protection from disclosure
				  under one or more of the grounds therefore in the Freedom of Information Act.
				  Such grounds include but are not limited to:
1) Trade secrets including feasibility
				planning, marketing studies, and evaluations and other materials which contain
				references to potential customers, competitive information, or
				evaluations;
2) Information of a
				personal nature where the public disclosure thereof would constitute
				unreasonable invasion of personal privacy;
3) Documents of and documents incidental to
				proposed contractual arrangements and documents of and documents incidental to
				proposed sales or purchases of property; or
4) Correspondence or work products or any
				other material that would violate attorney-client relationships.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-31 - Health Care Cooperative Agreements › Chapter 3 - DISPOSITION OF APPLICATION › Section 61-31.3.311 - Administrative and Judicial Review

Current through Register Vol. 48, No. 6, June 28, 2024
Upon receipt of the advice of the Attorney General or at the
				  end of the review period outlined in Section306 of these regulations, the
				  Department shall issue a staff decision approving or denying the application
				  for a Certificate of Public Advantage. The Department's staff decision is final
				  fifteen days after receipt by the applicant unless an administrative appeal is
				  commenced in accordance with applicable regulations. The applicant or affected
				  party is entitled to administrative and judicial review in accordance with the
				  State's Administrative Procedures Act.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-31 - Health Care Cooperative Agreements › Chapter 3 - DISPOSITION OF APPLICATION › Section 61-31.3.312 - Conditional Approval

Current through Register Vol. 48, No. 6, June 28, 2024
The Department may establish conditions for approval that are
				  reasonably necessary to ensure that the cooperative agreement and the
				  activities engaged under it are consistent with these regulations and its
				  purpose to promote cooperation and limit health care costs; protect against
				  abuse of private economic power; improve access to care; improve efficiencies
				  in the delivery of care, including improving economics of scale in the delivery
				  of services; reduce or eliminate unnecessary duplication of services or
				  technology; and to ensure that the activity is appropriately supervised and
				  regulated. Such conditions shall be stated in the Certificate of Public
				  Advantage and shall be fully enforceable.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-31 - Health Care Cooperative Agreements › Chapter 4 - CRITERIA FOR REVIEW › Section 61-31.4.401 - Issuance of a Certificate of Public Advantage

Current through Register Vol. 48, No. 6, June 28, 2024
The Department shall issue a Certificate of Public Advantage
				  for a cooperative agreement if it determines that the applicant has
				  demonstrated that the likely benefits resulting from the agreement outweigh the
				  likely disadvantages from the agreement; and the reduction in competition
				  likely to result from the agreement is reasonably necessary to obtain the
				  benefits likely to result.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-31 - Health Care Cooperative Agreements › Chapter 4 - CRITERIA FOR REVIEW › Section 61-31.4.402 - Evaluation of Benefits and Disadvantages

Current through Register Vol. 48, No. 6, June 28, 2024
1. In evaluating the benefits likely to
				result from the cooperative agreement the Department shall consider, but is not
				limited to:
a) enhancement of the quality of
				health and health related care provided to South Carolina citizens;
b) preservation of health care providers
				close to communities traditionally served by those providers;
c) gains in the cost-efficiency of the
				services offered by health care providers or purchasers involved;
d) improvements in the use of health care
				provider resources and equipment;
e) avoidance or elimination or reduction of
				duplication of health care resources;
f) improvements in access to health care for
				citizens in the community;
g)
				support of the agreement by purchasers and payers in the health service
				area;
h) the extent of financial
				risk-sharing by the parties as a result of the agreement;
i) the provision or enhancement of health
				care services to Medicaid, indigent, or charity care patients by the parties to
				the agreement.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-31 - Health Care Cooperative Agreements › Chapter 4 - CRITERIA FOR REVIEW › Section 61-31.4.403 - Evaluation of Impact of Reduction of Completion

Current through Register Vol. 48, No. 6, June 28, 2024
In evaluating whether the reduction in competition is
				  necessary to obtain the likely benefits, the Department shall consider, but is
				  not limited to:
1) The availability of
				arrangements that:
a) are less restrictive to
				competition and achieve the same benefits;
b) offer a more favorable balance of benefits
				over disadvantages attributable to a reduction in competition likely to result
				from the agreement;
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-31 - Health Care Cooperative Agreements › Chapter 5 - MONITORING › Section 61-31.5.501 - Monitoring

Current through Register Vol. 48, No. 6, June 28, 2024
The Department shall actively monitor and regulate agreements
				  approved under this regulation. The Department may request information, conduct
				  inspections, or conduct audits whenever necessary to ensure that the agreements
				  remain in compliance with the conditions of approval and the approved
				  application. The same rules apply to information acquired by the Department
				  through information received, inspections conducted or audits conducted as in
				  Section310 of these regulations. The Department shall provide the applicant at
				  least ten day notice of a compliance audit. The Department shall afford the
				  applicant at least ten days to respond to any complaint, question or problem
				  identified by the Department.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-31 - Health Care Cooperative Agreements › Chapter 5 - MONITORING › Section 61-31.5.502 - Activities Report

Current through Register Vol. 48, No. 6, June 28, 2024
(A) During the
				time the Certificate of Public Advantage is in effect, a report on the
				activities pursuant to the cooperative agreement must be filed by the parties
				to the cooperative agreement with the Department at least every two years.
				Based on this report the Department shall determine whether the cooperative
				agreement continues to comply with the terms of the Certificate of Public
				Advantage.
(B) The report shall
				contain, but not be limited to the following:
1. a detailed description of the
				implementation of the approved application, contract or other agreement between
				parties;
2. a detailed description
				of any changes, modifications, deviations, amendments, or other differences
				from the approved application;
3.
				an assessment of the success or failure of the agreement to accomplish the
				goals, benefits, or other results expected from the approved application.
				Provide any supporting documentation on which these conclusions are based;
				and
4. any additional information
				the parties feel will assist the Department in order to make the assessment
				required in this Section.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-31 - Health Care Cooperative Agreements › Chapter 5 - MONITORING › Section 61-31.5.503 - Revocation of Certificate of Public Advantage

Current through Register Vol. 48, No. 6, June 28, 2024
The Department may revoke a certificate upon a finding
				  that:
(A) the parties to the agreement
				are not complying with its terms or the conditions of approval as stated in the
				Certificate of Public Advantage, or the agreement is not in substantial
				compliance with the terms of the application or conditions of approval;
				or
(B) the likely benefits
				resulting from the certified agreement no longer outweigh any disadvantages
				attributable to any potential reduction in competition resulting from the
				agreement; or
(C) the Department's
				certification was obtained as a result of intentional material
				misrepresentation to the Department or as the result of coercion, threats, or
				intimidation toward any party to the cooperative agreement; or
(D) failure to pay the annual monitoring
				fee.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-31 - Health Care Cooperative Agreements › Chapter 5 - MONITORING › Section 61-31.5.504 - Administrative and Judicial Review

Current through Register Vol. 48, No. 6, June 28, 2024
A decision by the department to revoke a Certificate of
				  Public Advantage is subject to administrative and judicial review in accordance
				  with the State's Administrative Procedures Act.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-31 - Health Care Cooperative Agreements › Chapter 5 - MONITORING › Section 61-31.5.505 - Civil or Criminal Enforcement

Current through Register Vol. 48, No. 6, June 28, 2024
Nothing in this regulation limits the authority of the
				  Attorney General to initiate civil enforcement action or criminal prosecution
				  upon the determination that health care providers, health providers networks,
				  or health care purchasers have exceeded the scope of the Certificate of Public
				  Advantage approved by the Department.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-31 - Health Care Cooperative Agreements › Chapter 5 - MONITORING › Section 61-31.5.506 - Termination of Agreements

Current through Register Vol. 48, No. 6, June 28, 2024
A party to a cooperative agreement who terminates the
				  agreement shall notify the Department within fifteen days of the termination.
				  If all parties terminate their participation in the cooperative agreement, the
				  Department shall revoke the Certificate of Public Advantage for the
				  agreement.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-31 - Health Care Cooperative Agreements › Chapter 5 - MONITORING › Section 61-31.5.507 - Certificate of Need Requirement

Current through Register Vol. 48, No. 6, June 28, 2024
Nothing in this Regulation exempts health care providers or
				  purchasers from compliance with the provisions of the S. C. Certification of
				  Need Program.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-31 - Health Care Cooperative Agreements › Chapter 5 - MONITORING › Section 61-31.5.508 - Changes After Receipt of a Certificate of Public Advantage

Current through Register Vol. 48, No. 6, June 28, 2024
If an applicant amends, alters, or otherwise changes the
				  agreement after receipt of a Certificate of Public Advantage, the Department
				  will decide whether or not the amendment is substantial and thereby requires
				  another review. A change in the application will be considered substantial if
				  the Department believes that the change materially changes the reasons for
				  approval, might materially impact the benefits or disadvantages to the
				  community to be served, or will change the service area of the original
				  application. The addition or deletion of a party to the agreement does not
				  necessarily constitute a substantial change unless the Department believes that
				  the above mentioned criteria will occur.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-31 - Health Care Cooperative Agreements › Chapter 5 - MONITORING › Section 61-31.5.509 - Fees

Current through Register Vol. 48, No. 6, June 28, 2024
(A) Filing Fee: A
				non-refundable filing fee shall accompany each application for a Certificate of
				Public Advantage. The filing fee shall be $3,000 per party to the cooperative
				agreement up to a maximum of $15,000 per application. The filing fee must be
				received with the application in order for the Department to accept the
				application and begin processing the application.
(B) Monitoring Fee: An annual monitoring fee
				shall be assessed to each approved application for which a Certificate of
				Public Advantage is in effect. The annual monitoring fee shall be $5,000 for
				each Certificate which has five or fewer parties and $7,000 for each
				Certificate that involves more than five parties. Failure to pay this fee will
				result in revocation of the Certificate of Public Advantage.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-32 - Soft Drink and Water Bottling Plants › Section 61-32.I - PURPOSE

Current through Register Vol. 48, No. 6, June 28, 2024
This regulation sets forth minimum health standards,
				procedures, and practices to ensure that wholesale BOTTLED WATER, SOFT DRINKS,
				and ICE are manufactured in South Carolina in a safe and wholesome
				manner.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-32 - Soft Drink and Water Bottling Plants › Section 61-32.II - SCOPE

Current through Register Vol. 48, No. 6, June 28, 2024
This regulation shall apply to all PERSONS who manufacture or
				distribute wholesale BOTTLED WATER, SOFT DRINKS, or ICE, sold for human
				consumption in South Carolina.