South Carolina Code 37-11-50. Preliminary licenses
(1) the feasibility study satisfies the requirements in § 37-11-40(B) and demonstrates the project is feasible;
Terms Used In South Carolina Code 37-11-50
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Continuing care retirement community: means a community in which there is furnished, pursuant to a continuing care contract, to two or more persons not related to the administrator or owner of the facility within the third degree of consanguinity, board or lodging together with nursing, medical, or other health-related services, regardless of whether the services or lodging are provided at the same location or not. See South Carolina Code 37-11-20
- Department: means the South Carolina Department of Consumer Affairs. See South Carolina Code 37-11-20
- Escrow: Money given to a third party to be held for payment until certain conditions are met.
- Facility: means the place in which an operator undertakes to provide continuing care to a person. See South Carolina Code 37-11-20
- Health-related services: includes a degree of personal assistance in feeding, dressing, or other essential daily living activities. See South Carolina Code 37-11-20
- Operator: means the promoter, developer, or owner of a continuing care retirement community or of an institution, building, residence, or other place, whether operated for profit or not, or a person who solicits or undertakes to provide continuing care under a continuing care facility contract. See South Carolina Code 37-11-20
(2) the continuing care contracts and the operator‘s disclosure statement meet the requirements prescribed by this chapter;
(3) the facility‘s advertising and promotional materials are not deceptive, misleading, or likely to mislead;
(4) the facility has in effect its complaint system;
(5) the applicant has demonstrated the willingness and potential ability to provide health care or health-related services in a manner that assures availability and accessibility of adequate personnel and facilities, and in a manner that assures continuity of service;
(6) the escrow agreement and any reservation agreement state that all deposits will be held in escrow and released in accordance with § 37-11-90.
(B) The department shall issue a license to a person filing an application pursuant to § 37-11-30 if, upon payment of the application fee, the department is satisfied that:
(1) the persons responsible for the conduct of the affairs of the applicant are competent and trustworthy and possess good reputations;
(2) the continuing care retirement community is financially responsible and can meet its obligations to residents;
(3) the operator has demonstrated the willingness and potential ability to assure that the health care or health-related services will be provided in a manner to assure both availability and accessibility of adequate personnel and facilities and in a manner assuring availability, accessibility, and continuity of service;
(4) the operator has complied with all requirements of the Department of Health and Environmental Control concerning the furnishing of nursing, medical, or other health-related services.