South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-77 - STANDARDS FOR LICENSING HOME HEALTH AGENCIES › Sec2 61-77.100 - DEFINITIONS, LICENSURE, AND CERTIFICATION › Section 61-77.100.102 - Licensure

Current through Register Vol. 48, No. 6, June 28, 2024
A. License. No person,
				private or public organization, political subdivision, or governmental agency shall
				establish, conduct, or maintain a Home Health Agency or represent itself as
				providing Home Health Services without first obtaining a License from the
				Department. No Agency shall admit Patients prior to the effective date of licensure.
				When it has been determined by the Department that Home Health Services are being
				provided at a location, and the owner has not been issued a License from the
				Department, the owner shall cease operations immediately and ensure the safety,
				health, and well-being of Patients. Current and/or previous violations of the S.C.
				Code of Laws or Department regulations may jeopardize the issuance of a License for
				the Agency, the licensing of any other Agency or facility type, or addition to an
				existing Agency or facility. The Home Health Agency shall provide only the services,
				treatment, or care it is licensed to provide pursuant to the Home Health Services
				definition in Section 101.M of this regulation. (I)
B. Compliance. An initial License shall not be
				issued to a proposed Home Health Agency, until the applicant has demonstrated to the
				Department that the proposed Home Health Agency is in substantial compliance with
				the licensing standards. A paper or electronic copy of the licensing standards shall
				be maintained at the Home Health Agency and accessible to all Home Health Agency
				Staff. In the event a Licensee, who already has a Home Health Agency or facility
				licensed by the Department, makes application for another Home Health Agency, the
				currently licensed Home Health Agency and/or facility shall be in substantial
				compliance with the applicable standards prior to the Department issuing a License
				to the proposed Home Health Agency.
C.
				Licensed Services. The Home Health Agency shall provide services only in the
				county(ies) identified on the face of the License and shall provide services to the
				entire county(ies) identified on the License. (I)
D. Issuance of License.
1. The Home Health Agency shall post the License
				issued by the Department in a conspicuous place in a public area within the Home
				Health Agency.
2. The issuance of a
				License does not guarantee adequacy or quality of individual care, treatment,
				personal safety, fire safety, or the well-being of any Patient of the Home Health
				Agency.
3. A License is not assignable
				or transferable and is subject to revocation at any time by the Department for the
				Licensee's failure to comply with the laws and regulations of this state.
4. A License shall be effective for a specified
				Home Health Agency, at a specific location(s), for a specified period following the
				date of issue as determined by the Department. A License shall remain in effect
				until the Licensee is notified otherwise by the Department.
5. Multiple types of care on the same premises
				shall be licensed separately even though they are owned by the same
				entity.