reglab/statecodes huggingface dataset:
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-93 - Standards for Licensing Facilities for Chemically Dependent or Addicted Persons › Sec2 61-93.2600 - PHYSICAL PLANT › Section 61-93.2600.2611 - Lighting

Current through Register Vol. 48, No. 6, June 28, 2024
A. Facilities shall
				maintain lighting in spaces occupied by persons, machinery, and equipment
				within buildings, approaches to buildings, and parking lots. (II)
B. Facilities shall provide artificial light
				with sufficient illumination for reading, observation, and
				activities.
C. Residential
				Facilities shall maintain general lighting in all parts of Patients' rooms, and
				shall provide at least one (1) light fixture for night lighting in each Patient
				room. Residential Facilities shall provide a reading light to each
				Patient.
D. Facilities shall
				maintain lighted hallways, stairs, and all other means of egress at all
				times.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-93 - Standards for Licensing Facilities for Chemically Dependent or Addicted Persons › Sec2 61-93.2600 - PHYSICAL PLANT › Section 61-93.2600.2612 - Heating, Ventilation, and Air Conditioning (II)

Current through Register Vol. 48, No. 6, June 28, 2024
A. Facilities shall ensure that a certified
				or licensed technician inspects the heating, ventilation, and air conditioning
				system at least annually.
B.
				Facilities shall maintain a temperature between seventy-two (72) and
				seventy-eight (78) degrees Fahrenheit in Patient areas.
C. Facilities shall ensure that heating,
				ventilation, and air conditioning supplies and return grills are installed at
				least three (3) feet away from a smoke detector. (I)
D. Facilities shall ensure that heating,
				ventilation, and air conditioning grills are not installed in the
				floors.
E. Facilities shall ensure
				that intake air ducts are filtered and maintained to prevent the entrance of
				dust, dirt, and other contaminating materials. Facilities shall ensure
				discharge from the heating, ventilation, and air conditioning system does not
				irritate Patients, Staff, and Volunteers.
F. Facilities shall have operable windows or
				approved mechanical ventilation in every bathroom and restroom.
G. Facilities shall ensure all kitchen areas
				are ventilated to prevent excessive heat, steam, condensation, vapors, smoke,
				and fumes.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-93 - Standards for Licensing Facilities for Chemically Dependent or Addicted Persons › Sec2 61-93.2600 - PHYSICAL PLANT › Section 61-93.2600.2613 - Patient Rooms

Current through Register Vol. 48, No. 6, June 28, 2024
A. Residential
				Facilities shall provide the following equipment in each Patient room for each
				Patient:
1. A comfortable single bed having a
				mattress with moisture-proof cover, sheets, blankets, pillow and pillowcases.
				Roll-away type beds, cots, bunkbeds, and folding beds are not permitted.
				Facilities are permitted to remove a Patient bed and place the mattress on a
				platform or pallet, or utilize a recliner, upon approval by the Physician or
				other Authorized Healthcare Provider and documentation is provided in the
				Individual Plan of Care. (II)
2. A
				closet or wardrobe, a bureau consisting of at least three (3) drawers, and a
				compartmentalized bedside table or nightstand to adequately accommodate each
				Patient's personal clothing, belongings, and toilet articles. Facilities are
				permitted to utilize built-in storage.
3. A comfortable chair for each Patient
				occupying the room. If the available square footage of the Patient room will
				not accommodate a chair for each Patient or if the provision of multiple chairs
				impedes Patient ability to freely and safely move about within their room,
				Facilities shall provide at least one (1) chair and make additional chairs
				available for temporary use in the Patient's room for visitors.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-93 - Standards for Licensing Facilities for Chemically Dependent or Addicted Persons › Sec2 61-93.2600 - PHYSICAL PLANT › Section 61-93.2600.2614 - Patient Room Floor Area

Current through Register Vol. 48, No. 6, June 28, 2024
A.
				Except for Residential Facilities of five (5) beds or less, each Patient room
				is considered a tenant space and shall be enclosed by one (1)-hour
				fire-resistive construction with a twenty (20)-minute fire-rated door, opening
				onto an exit access corridor. (I)
B. Each Patient room shall be an outside room
				with an outside window or door for exit in case of emergency. This window or
				door may not open onto a common screened porch. (I)
C. The Patient room floor area is a usable or
				net area and does not include wardrobes (built-in or freestanding), closets, or
				the entry alcove to the room. The following allowance of floor space shall be
				as a minimum: (II)
1. Rooms for only one (1)
				Patient: one hundred (100) square feet;
2. Rooms for more than one (1) Patient:
				eighty (80) square feet per Patient.
3. In Facilities for mothers with children,
				rooms for Patient and child: eighty (80) square feet per licensed bed and forty
				(40) square feet per child with a maximum of two (2) children per Patient. When
				a bed is required in lieu of a crib for a child, the square footage shall be
				fifty (50) square feet per child.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-93 - Standards for Licensing Facilities for Chemically Dependent or Addicted Persons › Sec2 61-93.2600 - PHYSICAL PLANT › Section 61-93.2600.2615 - Bathrooms and Restrooms (II)

Current through Register Vol. 48, No. 6, June 28, 2024
A.
				Privacy shall be provided at toilets, urinals, bathtubs, and showers.
B. An adequate supply of toilet tissue shall
				be maintained in each bathroom.
C.
				There shall be at least one (1) handwash lavatory adjacent to each toilet.
				Liquid soap shall be provided in public restrooms and bathrooms used by more
				than one (1) Patient. Communal use of bar soap is prohibited. A sanitary
				individualized method of drying hands shall be available at each
				lavatory.
D. Easily cleanable
				receptacles shall be provided for waste materials. Such receptacles in toilet
				rooms for women shall be covered. The Facility shall ensure receptacles are
				non-combustible or fire resistant as required by building codes reference in
				Section 1900.
E. All bathroom
				floors shall be entirely covered with an approved nonabsorbent covering. Walls
				shall be nonabsorbent, washable surfaces to the highest level of
				splash.
F. There shall be a mirror
				above each bathroom lavatory for Patients' grooming.
G. In Residential Facilities:
1. Facilities shall provide an ample number
				of toilets to serve the needs of the Patients Staff members, Volunteers, and
				the public. Facilities shall provide Patients with a minimum of one (1) toilet
				for each six (6) licensed beds or fraction thereof.
2. All bathtubs, toilets, and showers used by
				Patients shall have approved grab bars securely fastened in a usable
				fashion.
3. There shall be one (1)
				bathtub or shower for each eight (8) beds or fraction thereof.
4. Separate bathrooms shall be provided for
				Staff members, Volunteers, and the public.
5. Toilet facilities shall be at or adjacent
				to the kitchen for kitchen employees.
6. Soap, bath towels, and washcloths shall be
				provided to each Patient as needed. Bath linens assigned to specific Patients
				may not be stored in centrally-located bathrooms. Provisions shall be made for
				each Patient to properly keep their bath linens in their room, such as, on a
				towel hook or bar designated for each Patient occupying that room, or bath
				linens to meet Patient needs shall be distributed as needed, and collected
				after use and stored properly, per Section 1707.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-93 - Standards for Licensing Facilities for Chemically Dependent or Addicted Persons › Sec2 61-93.2600 - PHYSICAL PLANT › Section 61-93.2600.2617 - Patient Care Unit and Station for Medical Withdrawal Management Programs (II)

Current through Register Vol. 48, No. 6, June 28, 2024
A. Each Patient
				care unit shall have a Patient care station.
B. A Patient care unit shall contain not more
				than forty-four (44) licensed beds; and the Patient care station shall not be
				more than one hundred fifty (150) feet from a Patient room, and shall be
				located and arranged to permit visual observation of the unit
				corridor(s).
C. Each Patient care
				station shall contain separate spaces for the storage of wheelchairs and
				general supplies/equipment for that station.
D. There shall be at, or near each Patient
				care station, a separate medicine preparation room with a cabinet with one or
				more locked sections for Controlled Substances, work space for preparation of
				medicine, and a sink. As an alternative, a medicine preparation area with
				counter, cabinet space, and a sink shall be required on those units where there
				is:
1. A unit dose system in which final
				Medication preparation is not performed on the Patient care station;
				or
2. A twenty-four (24) hour
				pharmacy on the premises; or
3.
				Procedures that preclude Medication preparation at the Patient care
				station.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-93 - Standards for Licensing Facilities for Chemically Dependent or Addicted Persons › Sec2 61-93.2600 - PHYSICAL PLANT › Section 61-93.2600.2618 - Doors (II)

Current through Register Vol. 48, No. 6, June 28, 2024
A. All Patient
				rooms and bathrooms and restrooms shall have opaque doors for the purpose of
				privacy.
B. All glass doors,
				including sliding or patio type doors shall have a contrasting or other
				indicator that causes the glass to be observable.
C. Bathroom and restroom door widths shall be
				not less than thirty-six (36) inches.
D. Doors to Patient occupied rooms shall be
				at least thirty-six (36) inches wide.
E. Doors that have locks shall be unlockable
				and openable with one action.
F. If
				Patient room doors are lockable, there shall be provisions for emergency entry.
				There shall not be locks that cannot be unlocked and operated from inside the
				room.
G. All Patient room doors
				shall be solid-core.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-93 - Standards for Licensing Facilities for Chemically Dependent or Addicted Persons › Sec2 61-93.2600 - PHYSICAL PLANT › Section 61-93.2600.2619 - Elevators (II)

Current through Register Vol. 48, No. 6, June 28, 2024
Facilities shall ensure that a certified elevator inspector
				  inspects and tests elevators upon installation prior to first use and annually
				  thereafter.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-93 - Standards for Licensing Facilities for Chemically Dependent or Addicted Persons › Sec2 61-93.2600 - PHYSICAL PLANT › Section 61-93.2600.2620 - Screens (II)

Current through Register Vol. 48, No. 6, June 28, 2024
Facilities shall equip windows, doors, and openings intended
				  for ventilation with insect screens.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-93 - Standards for Licensing Facilities for Chemically Dependent or Addicted Persons › Sec2 61-93.2600 - PHYSICAL PLANT › Section 61-93.2600.2621 - Janitor' s Closet (II)

Current through Register Vol. 48, No. 6, June 28, 2024
Residential Facilities shall maintain a lockable janitor's
				  closet equipped with a mop sink or receptor and space for the storage of
				  supplies and equipment.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-93 - Standards for Licensing Facilities for Chemically Dependent or Addicted Persons › Sec2 61-93.2600 - PHYSICAL PLANT › Section 61-93.2600.2622 - Storage Areas

Current through Register Vol. 48, No. 6, June 28, 2024
A. Facilities
				shall provide adequate general storage areas for Patient and Staff and
				Volunteer belongings, equipment, and supplies.
B. Facilities shall ensure that areas used
				for storage of combustible materials and storage areas exceeding one hundred
				(100) square feet in area are equipped with a National Fire Protection
				Association-approved automatic sprinkler system. (I)
C. In storage areas provided with a sprinkler
				system, a minimum vertical distance of eighteen (18) inches shall be maintained
				between the top of stored items and the sprinkler heads. The tops of storage
				cabinets and shelves attached to or built into the perimeter walls may be
				closer than eighteen (18) inches below the sprinkler heads. In non-sprinklered
				storage areas, there shall be at least twenty-four (24) inches of space from
				the ceiling. (I)
D. All ceilings,
				floor assemblies, and walls enclosing storage areas of one hundred (100) square
				feet or greater shall be of not less than one (1) hour fire-resistive
				construction with three-fourths (3/4) hour fire-rated door(s) and closer(s).
				(I)
E. Facilities shall ensure that
				storage buildings on the premises meet the applicable code listed in Section
				1900 regarding distance from the licensed building. An appropriate controlled
				environment shall be provided if necessary for storage of items requiring such
				an environment.
F. Facilities shall
				ensure that items stored in mechanical rooms are located away from mechanical
				equipment and are not a type of storage that might create a fire or other
				hazard. (I)
G. Facilities shall not
				store supplies and equipment directly on the floor. Facilities shall not store
				supplies and equipment susceptible to water damage and contamination under
				sinks or other areas with a propensity for water leakage.
H. Facilities licensed for more than fifteen
				(15) beds shall maintain a soiled linen storage room designed, enclosed, and
				used solely for that purpose and equipped with mechanical exhaust directly to
				the outside.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-93 - Standards for Licensing Facilities for Chemically Dependent or Addicted Persons › Sec2 61-93.2600 - PHYSICAL PLANT › Section 61-93.2600.2623 - Telephone Service

Current through Register Vol. 48, No. 6, June 28, 2024
A. Facilities
				shall provide at least one (1) telephone on each floor of the Facility with at
				least one (1) active main or fixed-line telephone service available.
B. Facilities shall provide at least one (1)
				telephone on each floor for Staff members and Volunteers to conduct routine
				business of the Facility and to summon assistance in the event of an emergency.
				The Facility shall ensure Patients have privacy when using the
				telephone.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-93 - Standards for Licensing Facilities for Chemically Dependent or Addicted Persons › Sec2 61-93.2600 - PHYSICAL PLANT › Section 61-93.2600.2624 - Location

Current through Register Vol. 48, No. 6, June 28, 2024
A. Facilities shall
				ensure that roads serving the Facility are passable at all times.
B. Facilities shall provide parking space to
				meet the needs of Patients, Staff, Volunteers, and visitors.
C. Facilities shall maintain adequate access
				to and around the building for firefighting equipment. (I)
D. Facilities providing an Opioid Treatment
				Program shall not operate within five hundred (500) feet of:
1. The property line of a church;
2. The property line of a public or private
				elementary or secondary school;
3.
				A boundary of any Residential district;
4. A public park adjacent to any Residential
				district; or
5. The property line
				of a lot devoted to Residential use.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-93 - Standards for Licensing Facilities for Chemically Dependent or Addicted Persons › Sec2 61-93.2600 - PHYSICAL PLANT › Section 61-93.2600.2625 - Outdoor Area

Current through Register Vol. 48, No. 6, June 28, 2024
A. Facilities
				shall ensure outdoor areas where unsafe , unprotected physical hazards exist
				are enclosed by a fence or a natural barrier of a size, shape, and density that
				effectively impedes travel to the hazardous area. (I)
B. Facilities shall protect mechanical and
				equipment rooms that open to the outside of the Facility from unauthorized
				individuals.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-93 - Standards for Licensing Facilities for Chemically Dependent or Addicted Persons › Sec2 61-93.2700 - 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 61-93 - Standards for Licensing Facilities for Chemically Dependent or Addicted Persons › Sec2 61-93.2800 - 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 61-94 - WIC Vendors › Section 61-94.101 - Definitions

Current through Register Vol. 48, No. 6, June 28, 2024
As used in this regulation, the following terms shall have the
				meaning specified:
(A) DHEC or
			 Department. The South Carolina Department of Health and Environmental
			 Control.
(B) WIC Program. The
			 Special Supplemental Nutrition Program for Women, Infants and
			 Children.
(C) State WIC Program
			 ("Program"). The Division of WIC Services in the Bureau of Community
			 Nutritional Services, South Carolina Department of Health and Environmental
			 Control.
(D) Electronic WIC Card
			 (eWIC Card). A magnetic stripe card used to purchase WIC-authorized foods or
			 formulas from a WIC family's eWIC account.
(E) WIC Vendor ("Vendor"). Any store,
			 pharmacy, or commissary approved for participation which has a valid, current
			 WIC Vendor Agreement on file at the State WIC Program Office and continues to
			 meet the minimum criteria for participation as listed in the
			 agreement.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-94 - WIC Vendors › Section 61-94.301 - Processing EBT/eWIC Transactions

Current through Register Vol. 48, No. 6, June 28, 2024
In providing supplemental foods to participants, the vendor
				shall:
(A) Charge WIC participants the
			 exact total price for the WIC foods provided to the participant.
(B) Ensure that all product scans (that is,
			 the scanning and entry of the universal product code (UPC) in the redemption
			 system) are completed or made directly from the product being sold. The vendor
			 may not maintain a "scan book" or similar device and use the UPC labels in a
			 book or other device in place of scanning the product UPC directly from the
			 product being sold.
(C) Scan and
			 charge for only the types, sizes, and quantities of food specified on the
			 participant's eWIC account, and only provide the types, sizes, and quantities
			 of food specified on the participant's eWIC account.
(D) Require the WIC participant
			 accept/approve the eWIC transaction. Ensure store personnel do not
			 accept/approve any eWIC transaction for WIC participants under any
			 circumstances.
(E) Confirm the
			 identity of the authorized person by requiring the use of the individual's
			 personal identification number (PIN) to execute the eWIC transaction.
(F) Refuse to accept eWIC cards from any
			 person unable to demonstrate their authorization to use the eWIC
			 card.
(G) Release food benefits to
			 WIC participants any time the eWIC card is decremented even if the system fails
			 to build a claim.
(H) Accept eWIC
			 only from authorized participants, or an authorized representative, caretaker,
			 or proxy within the store premises.
(I) Offer WIC participants the same
			 courtesies as other customers, including, but not limited to:
1. Providing promotional specials, such as
			 reduced prices on items as advertised.
2. Allowing use of any open check-out line
			 except for those indicated as "cash only.".
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-94 - WIC Vendors › Section 61-94.401 - Vendor eWIC Settlement Payments

Current through Register Vol. 48, No. 6, June 28, 2024
(A)
			 Vendors must maintain a bank account for the Automated Clearing House (ACH)
			 transactions for eWIC settlement payments.
(B) Payments are made to the vendor daily
			 during the end-of-day process of the eWIC system.
(C) Vendors will receive their
			 settlement/reimbursements for eWIC transactions within two (2) business
			 days.
(D) The eWIC benefits will be
			 paid up to the maximum amount allowed based on the vendor's peer group for each
			 individual food UPC.
(E) The State
			 WIC Program may delay payment or establish a claim if the Program determines
			 the vendor has committed a violation that affects the payment to the vendor.
			 The State WIC Program may offset any claim against current and subsequent
			 amounts to be paid to the vendor. The vendor is responsible for any claim
			 assessed by the State WIC Program.
(F) The State WIC Program, at its discretion,
			 may allow the payment of a civil monetary penalty, in lieu of disqualification,
			 as a result of Program abuse.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-94 - WIC Vendors › Section 61-94.501 - Monitoring of Vendors

Current through Register Vol. 48, No. 6, June 28, 2024
(A) All
			 vendors participating in the WIC Program agree to allow periodic monitoring of
			 their business to assess compliance with Program requirements.
(B) During a monitoring visit, the vendor
			 shall allow access to all invoices to ensure that formula was purchased from an
			 approved wholesaler, distributor, and/or manufacturer.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-94 - WIC Vendors › Section 61-94.601 - Disqualifications and Sanctions

Current through Register Vol. 48, No. 6, June 28, 2024
(A) The
			 State WIC Program may disqualify a vendor for Program abuse, failure to meet
			 the requirements of the WIC Vendor Agreement, or other just causes.
(B) Mandatory Vendor Sanctions.
1. One (1) Year Disqualification. A vendor
			 shall be disqualified from the WIC Program for a period of one (1) year for:
(a) A pattern of providing unauthorized food
			 items by type, size, or quantity in exchange for WIC EBT, including charging
			 for supplemental foods provided in excess of those listed on the WIC EBT
			 account;
(b) A pattern of charging
			 prices for WIC items above the maximum allowable price for stores within the
			 same peer group and geographical area;
(c) A pattern of not providing a receipt at
			 the end of the transaction showing the date of the transaction, product(s)
			 purchased, and the remaining balance of available benefits;
(d) Intentionally providing incorrect
			 quantity or type of infant formula specified on a WIC EBT account;
(e) Intentionally providing false information
			 on the WIC Vendor Application;
(f)
			 Intentionally providing false information on the Vendor Price Survey;
(g) Failure to provide an itemized receipt
			 with each WIC EBT transaction;
(h)
			 Failure to allow monitoring of the store by a WIC Program Coordinator or
			 threatening or abusing, either verbally or physically, a WIC participants or
			 WIC personnel in the conduct of official WIC business;
(i) Entering the PIN for the WIC participant;
			 or
(j) Failure to attend WIC Vendor
			 training.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-94 - WIC Vendors › Section 61-94.701 - Program Violations

Current through Register Vol. 48, No. 6, June 28, 2024
Each violation of Program regulations has a set point value and
				a specific time period during which the points will remain on a vendor's
				record. If a vendor accumulates fifteen (15) or more violation points, the
				store will be disqualified from the WIC Program. The period of disqualification
				is determined by the nature of the violation(s), the number of violations, and
				past disqualifications.
(A) The
			 following violations carry a point value of ten (10) and remain on a vendor's
			 record for eighteen (18) months:
1. Failure to
			 stock eight (8) or more required quantities and/or varieties of foods as listed
			 in the Agreement.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-94 - WIC Vendors › Section 61-94.801 - Administrative Appeals

Current through Register Vol. 48, No. 6, June 28, 2024
All vendors have the opportunity to request a fair hearing
				(administrative review) regarding certain adverse actions taken by the
				Department. The vendor must provide the Department with a written fair hearing
				request within fifteen (15) calendar days of the receipt of the notice of the
				adverse action. The written request must list the actions with which the vendor
				disagrees, as well as reasons the vendor disagrees with these actions. If the
				vendor does not request a hearing within the fifteen (15) calendar-day period
				following notification, the Department's decision becomes final.
If a timely request of final review is filed with the DHEC
				Clerk of the Board, the Clerk will provide additional information regarding
				review procedures. If the DHEC Board declines, in writing, to schedule a final
				review conference, the Department's decision becomes final and the vendor may
				request a contested case hearing before the Administrative Law Court within
				thirty (30) calendar days after notice is mailed informing the vendor that the
				Board declined to hold a final review conference.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-95 - Medicaid Nursing Home Permits › Section 61-95.101 - DEFINITIONS

Current through Register Vol. 48, No. 6, June 28, 2024
For the purpose of these Regulations, the following definitions
				shall apply:
A. Department
"Department" means the Department of Health and Environmental
				Control.
B. Medicaid
			 Nursing Home Permit
"Medicaid nursing home permit" means a permit issued in
				accordance with these regulations.
C. Medicaid-Participating Nursing Home Bed
"Medicaid-participating nursing home bed" means those nursing
				home beds certified for Medicaid (Title XIX) reimbursement, for which the
				nursing home has a Certificate of Need or grandfathered exemption for Title XIX
				participation.
D. Medicaid
			 Patient
"Medicaid patient" means a person who is eligible for Medicaid
				(Title XIX) sponsored long-term care services.
E. Medicaid Patient Day
"Medicaid patient day" means a day of nursing home care for
				which a nursing home receives Medicaid reimbursement.
F. Medical Facilities Plan
The "Medical Facilities Plan" contains projections of nursing
				home bed need and sets priorities for the allocation of Medicaid beds; it is
				published annually by the Department and approved by the Board of Health and
				Environmental Control.
G.
			 Nursing Home
"Nursing home" means a facility with an organized nursing staff
				to maintain and operate organized facilities and services to accommodate two or
				more unrelated persons over a period exceeding twenty-four hours, which is
				operated either in connection with a hospital or as a freestanding facility for
				the express or implied purpose of providing intermediate or skilled nursing
				care for persons who are not in need of hospital care.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-95 - Medicaid Nursing Home Permits › Section 61-95.102 - CONDITIONS

Current through Register Vol. 48, No. 6, June 28, 2024
A. No nursing home
			 may provide care to Medicaid patients without first obtaining a Medicaid
			 nursing home permit in the manner provided in Section105.
B. A permit is issued pursuant to the
			 provisions of Sections
			 44-7-80
			 through
			 44-7-90,
			 44-7-130,
			 and
			 44-7-320
			 of the South Carolina Code of Laws of 1976, as amended. Such permit is not
			 assignable or transferable and is subject to revocation by the Department for
			 failure to comply with the laws of the State of South Carolina.
C. Effective Date and Term of Permit:
A permit shall be effective from the issuance date until the
				end of the State Fiscal Year in which the permit was issued.
D. Separate Permits:
Separate permits are required for each licensed
				facility.
E. Permitting
			 Fees:
No annual fee is required to obtain a permit.
F. Inspections:
All nursing homes to which these requirements apply shall be
				subject to inspection at any time without prior notice by properly identified
				personnel of the Department. Documents required by these regulations shall be
				maintained and available for inspection.
G. Exceptions to Certificate of Need
			 Conditions:
If a Certificate of Need (Section
				44-7-320
				of the 1976 Code) has been issued with specific conditions or restrictions
				attached, the Department may permanently remove Medicaid conditions or
				restrictions or waive them on an annual basis without requiring further review
				under the Certificate of Need program.
H. Change of Ownership, Name or Address:
A facility shall request issuance of an amended permit, by
				letter to the Department, prior to either of the following
				circumstances:
1. Change of ownership
			 by purchase or lease.
2. Change of
			 facility's name or address.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-95 - Medicaid Nursing Home Permits › Section 61-95.103 - PENALTIES

Current through Register Vol. 48, No. 6, June 28, 2024
A. The Department
			 shall request quarterly reports from the State Health and Human Services
			 Finance Commission, indicating the number of Medicaid patient days for which
			 Medicaid reimbursement was received by each nursing home. Based on these
			 reports, the Department will determine each nursing home's compliance with its
			 Medicaid nursing home permit.
B.
			 Nursing homes shall be subject to a penalty for violating these regulations.
			 Violations include:
(1) a nursing home
			 exceeding by more than ten (10) percent the number of Medicaid patient days
			 stated in its permit;
(2) a nursing
			 home failing to provide at least ninety (90) percent of the number of Medicaid
			 patient days stated in its permit;
(3) the provision of any Medicaid patient
			 days by a nursing home without a Medicaid nursing home permit.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-95 - Medicaid Nursing Home Permits › Section 61-95.104 - WAIVER OF PERMIT REQUIREMENTS

Current through Register Vol. 48, No. 6, June 28, 2024
A nursing home may request a waiver of permit requirements from
				the Department if no Medicaid patients are waiting for admission to the nursing
				home, or if for some other reason a nursing home anticipates that the home
				cannot satisfy the Medicaid nursing home permit requirements. Applicants must
				document the reasons for such a waiver. Community Long Term Care (CLTC) waiting
				list data may be used as an indicator.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-95 - Medicaid Nursing Home Permits › Section 61-95.105 - APPLICATION

Current through Register Vol. 48, No. 6, June 28, 2024
A. Within sixty
			 (60) days of the effective date of the annual appropriations act, all
			 facilities desiring to serve Medicaid patients must apply to the Department for
			 a Medicaid nursing home permit. Facilities failing to apply within the
			 sixty-day time period will be ineligible to receive Title XIX reimbursement for
			 the fiscal year covered by the annual appropriations act.
B. The application, to be filed upon forms
			 provided by the Department, shall be forwarded to the Bureau of Health
			 Facilities and Services Development, Department of Health and Environmental
			 Control, 2600 Bull Street, Columbia, SC 29201. The application shall set forth
			 at least the following:
(1) name of
			 facility;
(2) address of
			 facility;
(3) telephone number of
			 facility;
(4) specific number of
			 Medicaid patient days the nursing home proposes to provide;
(5) assurance of compliance with this
			 Act;
(6) signature of the
			 administrator.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-95 - Medicaid Nursing Home Permits › Section 61-95.106 - ALLOCATION

Current through Register Vol. 48, No. 6, June 28, 2024
A. Based upon the
			 maximum number of Medicaid patient days authorized by the General Assembly in
			 the annual appropriations act and the number of Medicaid patient days requested
			 by the nursing homes, the Department will allocate the Medicaid nursing home
			 permits as follows:
1. The first year that
			 permits are issued, priority will be given to facilities (in existence, under
			 construction, or issued a Certificate of Need) for beds that have been
			 previously approved and/or certified to participate in the Medicaid program.
			 The initial allocation will be for no more than the maximum number of patient
			 days which can be provided in the beds previously approved and/or certified for
			 Medicaid participation. Should there be more Medicaid patient days requested
			 than Medicaid patient days authorized by the General Assembly, the number of
			 Medicaid patient days allocated to each nursing home in its Medicaid nursing
			 home permit shall be decreased by the same percentage as the percent reduction
			 required to equal the authorized Medicaid patient days.
2. In following years, priority will be given
			 to facilities to renew permits authorizing up to the same number of Medicaid
			 patient days as allocated in the permit for the preceding year. Should the
			 maximum number of Medicaid patient days authorized by the General Assembly be
			 decreased from the previous year, the number of Medicaid patient days allocated
			 to each nursing home in its Medicaid nursing home permit shall be decreased by
			 the same percentage as the percent reduction in the number of patient days
			 authorized by the General Assembly.
3. If there are still Medicaid patient days
			 remaining to be allocated after priority is given in accordance with the above
			 paragraphs, the Medicaid patient days will be allocated to licensed nursing
			 homes by county based on the Medicaid county priority list published in the
			 South Carolina Medical Facilities Plan in effect at the time the allocation is
			 being made.
4. The Department shall
			 not approve additional Medicaid patient days for beds which exceed the general
			 long-term care bed need shown for a county in the Medical Facilities Plan
			 unless all other licensed facilities which could provide Medicaid patient days
			 in counties where a general long-term bed need is shown have been accounted for
			 in the allocation of Medicaid patient days.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-95 - Medicaid Nursing Home Permits › Section 61-95.107 - ISSUANCE OF PERMIT

Current through Register Vol. 48, No. 6, June 28, 2024
A. Full
			 Allocation
When a properly completed application is received by the
				Department and it is determined, using the methodology in Section106,
				that the facility should receive the requested allotment of Medicaid patient
				days, a Medicaid nursing home permit shall be issued.
B. Partial Allocation
When it is determined that a facility should receive fewer
				Medicaid patient days than requested in the application, the Department shall
				notify the applicant of this determination, setting forth the reasons for the
				decision.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-95 - Medicaid Nursing Home Permits › Section 61-95.108 - APPEALS BY THE APPLICANT

Current through Register Vol. 48, No. 6, June 28, 2024
Should the Department determine to deny issuance of a Medicaid
				Nursing Home Permit, or permit only a portion of the Medicaid patient days
				requested, it shall send to the applicant a notice setting forth the particular
				reasons for the determination. The decision shall become final thirty (30) days
				after the mailing of the notice, unless the applicant, within such thirty-day
				period, shall give notice of his desire for an administrative hearing. If the
				applicant shall give such notice, he shall be given a hearing before the Board
				of Health and Environmental Control or its designee pursuant to Regulations
				promulgated by the Department.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-96 - Athletic Trainers › Sec2 61-96.100 - DEFINITIONS AND CERTIFICATION › Section 61-96.100.101 - Definitions

Current through Register Vol. 48, No. 6, June 28, 2024
A. Athletic
				Trainer. An allied healthcare professional with specific qualifications as set
				forth in South Carolina Code Section
				44-75-50
				who, upon the advice and consent of a licensed Physician, carries out the
				practice of care, prevention, and physical rehabilitation of athletic injuries
				and who, in carrying out these functions, may use physical modalities
				including, but not limited to, heat, light, sound, cold, electricity, or
				mechanical devices related to rehabilitation and treatment.
B. Board. The South Carolina Board of Health
				and Environmental Control.
C.
				Certificate. Official acknowledgement by the Department that an individual has
				successfully completed the education and other requirements in accordance with
				South Carolina Code Sections
				44-75-10
				et seq. and this regulation, which entitle that individual to perform the
				functions and duties of an Athletic Trainer.
D. Committee. The South Carolina Athletic
				Trainers' Advisory Committee.
E.
				Consultation. A meeting with Department representatives who will provide
				information to the Certificate holder with the goal of facilitating compliance
				with this regulation.
F. Continuing
				Education. Education beyond the basic preparation required for entry into the
				profession that is directly related to the performance and practice of the
				Athletic Trainer.
G. Department.
				The South Carolina Department of Health and Environmental Control.
H. Inspection. A visit, in-person meeting, or
				review of materials by Department representatives for the purpose of
				determining compliance with this regulation.
I. Investigation. A visit, in-person meeting,
				or review of materials by Department representatives for the purpose of
				determining the validity of allegations received by the Department relating to
				statutory and regulatory compliance.
J. Patient. A person who receives care,
				treatment, or services from an Athletic Trainer certified by the
				Department.
K. Physically Active
				Population. Any individual, entity, group, or organization who participates in
				an athletic activity, a job function, or a job-related activity that requires
				physical strength, range of motion, flexibility, control, speed, stamina, or
				agility.
L. Physician. An
				individual currently licensed to practice medicine by the South Carolina Board
				of Medical Examiners.
M. Variance.
				An alternative method that ensures the equivalent level of compliance with the
				standards in this regulation.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-96 - Athletic Trainers › Sec2 61-96.100 - DEFINITIONS AND CERTIFICATION › Section 61-96.100.102 - Certification

Current through Register Vol. 48, No. 6, June 28, 2024
A. Certification.
1. No person may hold himself or herself out
				as an Athletic Trainer or perform for compensation any activities of an
				Athletic Trainer as defined in South Carolina Code Section
				44-75-20
				without first obtaining a Certificate from the Department. When it has been
				determined by the Department that an individual is engaged as an Athletic
				Trainer and the individual has not been issued a Certificate from the
				Department, the individual shall cease engaging as an Athletic Trainer
				immediately. Current and/or previous violation(s) of the South Carolina Code of
				Laws or Department regulations may jeopardize the issuance of an Athletic
				Trainer Certificate. (I)
2. A
				person is engaged as an Athletic Trainer if the person is employed on a salary
				or contractual basis by an educational institution, a hospital, a
				rehabilitation clinic, a Physician's office, an industry, a performing arts
				group, a professional athletic organization, the military, a governmental
				agency, or other bona fide organization which employs or serves a Physically
				Active Population and performs the duties of an Athletic Trainer as a major
				responsibility of this employment.
3. A person certified by the Department to
				practice and perform as an Athletic Trainer may use the title "State Certified
				Athletic Trainer" and/or the abbreviations "S.C.A.T." and "SCAT."
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-96 - Athletic Trainers › Sec2 61-96.100 - DEFINITIONS AND CERTIFICATION › Section 61-96.100.103 - Temporary Certification Hold

Current through Register Vol. 48, No. 6, June 28, 2024
The Athletic Trainer who is active duty military service
				  member or spouse may request a temporary hold on his or her certification while
				  actively deployed outside of South Carolina. The Athletic Trainer requesting a
				  temporary certification hold shall submit a written request in a format as
				  determined by the Department including the effective dates of deployment. The
				  Athletic Trainer granted a temporary certification hold shall notify the
				  Department upon return from active duty in a manner determined by the
				  Department.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-96 - Athletic Trainers › Sec2 61-96.100 - DEFINITIONS AND CERTIFICATION › Section 61-96.100.104 - Reciprocity. (II)

Current through Register Vol. 48, No. 6, June 28, 2024
Certification by Reciprocity. A Certificate may be issued by
				  the Department to any qualified Athletic Trainer holding certification in any
				  other state if such other state recognizes the Certificate of South Carolina in
				  the same manner. Applicants for reciprocal certification shall submit to the
				  Department a completed application, on a form prescribed, prepared, and
				  furnished by the Department prior to certification by reciprocity. The
				  applicant for reciprocity shall submit documentation with the reciprocity
				  application that he or she is currently credentialed as an Athletic Trainer
				  under the laws of another state or territory. (II)
105.
Change of Name or Address.
A. Change of Name. The Athletic Trainer shall
				request a change of name from that under which the original Certificate was
				issued by submitting to the Department a certified copy of a marriage
				certificate, court order, or documentation of legal name change and payment of
				the duplicate Certificate fee.
B.
				Change of Address. The Athletic Trainer shall ensure current information,
				including name, address, contact information, and other required information by
				the Department, is maintained in the Department's credentialing information
				system and submit any changes to the Department within forty-five (45) calendar
				days of the change.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-96 - Athletic Trainers › Sec2 61-96.100 - DEFINITIONS AND CERTIFICATION › Section 61-96.100.106 - Variance

Current through Register Vol. 48, No. 6, June 28, 2024
The Athletic Trainer may request a Variance to this
				  regulation in a format as determined by the Department. Variances shall be
				  considered on a case-by-case basis by the Department. The Department may revoke
				  issued Variances as it determines appropriate.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-96 - Athletic Trainers › Sec2 61-96.200 - ENFORCING REGULATIONS › Section 61-96.200.201 - General

Current through Register Vol. 48, No. 6, June 28, 2024
The Department shall utilize Inspections, Investigations,
				  Consultations, and other pertinent documentation regarding an Athletic Trainer
				  to enforce this regulation.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-96 - Athletic Trainers › Sec2 61-96.200 - ENFORCING REGULATIONS › Section 61-96.200.202 - Inspections and Investigations

Current through Register Vol. 48, No. 6, June 28, 2024
A.
				The Department may conduct Inspections and Investigations as deemed appropriate
				by the Department.
B. Athletic
				Trainers shall be subject to Inspections and Investigations at any time without
				prior notice by individuals authorized by the Department.
C. The Athletic Trainer shall grant the
				Department access to all properties and areas, objects, equipment, records, and
				documentation. The Athletic Trainer shall provide the Department all requested
				records and documentation in the manner and within the timeframe specified by
				the Department. The Athletic Trainer shall provide photos and/or electronic
				copies of documents requested by the Department in the course of Inspections
				and Investigations. These copies shall be used for purposes of enforcement of
				regulations and confidentiality shall be maintained except to verify the
				identity of individuals in enforcement action proceedings. (I)
D. When there is noncompliance with this
				regulation, the Athletic Trainer shall submit an acceptable plan of correction
				in a format determined by the Department. The plan of correction shall be
				signed by the Athletic Trainer and returned by the date specified by the
				Department. The plan of correction shall describe: (II)
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.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-96 - Athletic Trainers › Sec2 61-96.200 - ENFORCING REGULATIONS › Section 61-96.200.203 - Consultations

Current through Register Vol. 48, No. 6, June 28, 2024
The Department may provide Consultations as requested by the
				  Athletic Trainer or as deemed appropriate by the Department.