South Carolina Code 44-69-75. Certificate of need; exemption of home health services providers
(B) A continuing care retirement community licensed pursuant to Title 37, Chapter 11, may provide home health services and is exempt from subsection (A) if:
Terms Used In South Carolina Code 44-69-75
- Contract: A legal written agreement that becomes binding when signed.
- Home health agency: shall mean public, nonprofit, or proprietary organization, whether owned or operated by one or more persons or legal entities, which furnishes or offers to furnish home health services. See South Carolina Code 44-69-20
- Home health services: shall mean those items and services furnished to an individual by a home health agency, or by others under arrangement with the home health agency, on a visiting basis, and except for subsection "e" below, in a place of temporary or permanent residence used as the individual's home as follows:
(a) Part-time or intermittent skilled nursing care as ordered by a physician, an APRN pursuant to § 40-33-34(D)(2)(h), or a PA pursuant to § 40-47-935(B)(8) and as provided by or under the supervision of a registered nurse and at least one other service listed below;
(b) Physical, occupational or speech therapy;
(c) Medical social services, home health aide services and other therapeutic services;
(d) Medical supplies and the use of medical appliances;
(e) Any of the foregoing items and services which are provided on an outpatient basis under arrangements made by the home health agency with a hospital, nursing care facility, or rehabilitation center and the furnishing of which involves the use of equipment of such a nature that the items and services cannot be readily made available to the individual in his home, or which are furnished at such facility while the patient is there to receive such items or service, but not including transportation of the individual in connection with any such items or services. See South Carolina Code 44-69-20 - License: shall mean a license issued by the Department. See South Carolina Code 44-69-20
(1) the continuing care retirement community furnishes or offers to furnish home health services only to residents who reside in living units provided by the continuing care retirement community pursuant to a continuing care contract;
(2) the continuing care retirement community maintains a current license and meets applicable home health agency licensing standards;
(3) residents of the continuing care retirement community may choose to obtain home health services from other licensed home health agencies.
Staff from other areas of the continuing care retirement community may deliver the home health services, but at no time may staffing levels in any area of the continuing care retirement community fall below minimum licensing standards or impair the services provided.
If the continuing care retirement community includes charges for home health services in its base contract, it is prohibited from billing additional fees for those services. Continuing care retirement communities certified for Medicare or Medicaid, or both, must comply with governmental reimbursement requirements concerning charges for home health services.
For purposes of this subsection "resident", "living unit", and "continuing care contract" have the same meanings as provided in § 37-11-20.
(C) Subsection (B) applies only to multi-level continuing care retirement communities which incorporate a skilled nursing facility.
(D) The continuing care retirement community shall not bill in excess of its costs. These costs will be determined on nonfacility-based Medicare and/or Medicaid standards.