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Call to Action
The bills differ in definitions and approach, but both would require Licensure of home care providers. This may sound like a good safety measure, but in fact it would limit the ability of people with disabilities to be in control of their services. As we know, the greatest risks come with powerlessness. Instead of mandatory licensure, support voluntary certification. Providers could advertise that they are certified after undergoing background checks, training, and testing. This would appeal to many elderly and disabled people who do not want to assume certain risks, without limiting the rights of others to hire the personnel of our choice, like our next-door neighbor, without making them go through a protracted approval process. Write or contact your representative in South Carolina to voice your opinion!! ACT NOW!!
STATUS INFORMATION
General Bill
Sponsors: Senator Alexander
Introduced in the Senate on January 8th, 2008
Currently residing in the Senate Committee on Medical Affairs
Summary: Licensure of In-Home Care Provider Act
HISTORY OF LEGISLATIVE ACTIONS
Date |
Body |
Action Description with Journal Page Number |
12/5/2007 |
Senate |
Prefiled |
12/5/2007 |
Senate |
Referred to Committee on Medical Affairs |
12/20/2007 |
|
Scrivener's Error Corrected |
1/8/2008 |
Senate |
Introduced and Read First Time, SJ-34 |
1/8/2008 |
Senate |
Referred to Committee on Medical Affairs, SJ-34 |
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 70 TO TITLE 44 SO AS TO CREATE THE "LICENSURE OF IN-HOME CARE PROVIDER ACT".
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Title 44 of the 1976 Code is amended by adding:
“CHAPTER 70”
Licensure of In-Home Care Provider Act
Section 44-70-10. This chapter may be cited as the ‘Licensure of In-Home Care Provider Act’.
Section 44-70-20. As used in this chapter:
(1) ‘Department’ means the South Carolina Department of Health and Environmental Control.
(2) ‘In-home care’ means care:
(a) primarily intended to assist an individual with an activity of daily living or in meeting a personal rather than a medical need, but not including skilled care or specific therapy for an illness or injury;
(b) given to assist an individual in an activity of daily living, such as walking, getting in and out of bed, bathing, dressing, feeding, using the toilet, preparing special diets, and supervising self-administered medication; and
(c) personal in nature but not mandating continuing attention or supervision from trained and licensed medical personnel.
(3) ‘In-home care provider’ means a person who for compensation provides an in-home care service directly or through an employee, agent, independent contractor, or the referral of a private individual. An in-home care provider does not include a:
(a) home health agency, hospital, hospice, or long-term care facility licensed under another provision of law;
(b) individual who provides only a house cleaning service;
(c) individual who provides in-home care to no more than two clients; or
(d) person licensed under Section 44-7-260.
(4) ‘Person’ means an individual; a trust or estate; a partnership; a corporation including an association, joint stock company, insurance company, or a health maintenance organization; a state; a political subdivision; an instrumentality including a municipal corporation of a state; or a legal entity recognized by a state.
Section 44-70-30. A person may not provide in-home care or represent himself as being an in-home care provider without a license from the department.
Section 44-70-40. The department shall promulgate regulations for the licensure of an in-home care provider. These regulations must include:
(1) a process a provider must follow to apply for a license or renew a license;
(2) a list of responsibilities and duties of a licensee, including requirements for bonding, record keeping, and reporting;
(3) a fee that the department may charge to process an application for a license, the issuance of a license, the renewal of a license, or the reinstatement of revoked or suspended license;
(4) a list of criteria that a licensee's employee, agent, independent contractor, or referral must satisfy before they may provide an in-home care service. These criteria must include personal information, completion of a minimum education requirement, screening for communicable diseases, and a criminal background check; and
(5) sanctions that the department may impose for a violation of this chapter, including the suspension or revocation of a license or the imposition of a monetary penalty.
Section 44-70-50. A license to operate as an in-home care provider is:
(1) effective for one year from the date it is issued;
(2) not transferable or assignable; and
(3) subject to suspension or revocation for failure to comply with a provision of this chapter.
Section 44-70-60. Fees established by this chapter must be remitted to the department in a separate and distinct account and must be used exclusively to support activities pursuant to this chapter."
SECTION 2. This act takes effect upon approval by the Governor.
South Carolina General Assembly
117th Session, 2007-2008
H. 3797
STATUS INFORMATION
General Bill
Sponsors: Rep. Chalk
Introduced in the House on March 27th, 2007
Currently residing in the House Committee on Medical, Military, Public and Municipal Affairs
Summary: In-home care service provider licensure
HISTORY OF LEGISLATIVE ACTIONS
Date |
Body |
Action Description with Journal Page Number |
3/27/2007 |
House |
Introduced and Read First Time, HJ-94 |
3/27/2007 |
House |
Referred to Committee on Medical, Military, Public and Municipal Affairs, HJ-94 |
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
3/27/2007
A BILL
TO AMEND SECTION 44-7-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN CONNECTION WITH THE LICENSURE OF HEALTH FACILITIES, SO AS TO ADD A DEFINITION FOR AN “IN-HOME CARE SERVICE PROVIDER”; AND TO AMEND SECTION 44-7-260, RELATING TO REQUIREMENTS FOR LICENSURE OF A HEALTH FACILITY, SO AS TO MAKE THE LICENSURE REQUIREMENTS APPLICABLE TO AN “IN-HOME CARE SERVICE PROVIDER”.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 44-7-130 of the 1976 Code, is amended by adding an appropriately numbered item at the end to read:
“( ) ‘In-home care service provider’ means a public or private agency that, in exchange for compensation, provides a service to a client at the client’s residence including a nursing service, a task normally performed by a sitter or companion, or assistance with a task related to personal care and daily living. The agency may provide the service through its own employee, agent, independent contractor, or the referral of a private individual. This definition specifically excludes a private individual used by a client for in-home service if state, federal, or institutional funds are not used to compensate the private individual providing the in-home service.”
SECTION 2. Section 44-7-260(A) of the 1976 Code, is amended by adding an appropriately numbered subitem at the end to read:
“( ) In-home care service provider.”
SECTION 3. This act takes effect upon approval by the Governor.
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