S.C. Code Regs. § § 61-77.100.102

Current through Register Vol. 48, 12, December 27, 2024

Section 61-77.100.102 - Licensure

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.

E. Home Health Agency Name. No proposed Home Health Agency shall be named, nor any existing Home Health Agency have its name changed, to the same or similar name as any other Home Health Agency licensed in South Carolina. If the Home Health Agency is part of a "chain operation" it shall then have the geographic area in which it is located as part of its name.

F. Application. Applicants for a License shall submit to the Department a complete and accurate application, on a form prescribed, prepared, and furnished by the Department, prior to initial licensing and periodically thereafter at intervals determined by the Department. The applicant shall ensure the application is signed by the owner(s) if an individual or partnership; by two (2) officers if a corporation; or by the head of the governmental department having jurisdiction if a governmental unit. Corporations or limited partnerships, limited liability companies, or any other organized business entity shall be registered with the South Carolina Secretary of State's Office if required to do so by state law.

G. Required Documentation. The applicant shall ensure the application for initial licensure includes:

1. The full name and address of the proposed Home Health Agency and the owner, and the names of the persons in control of the Home Health Agency. The Department may require additional information, including affirmative evidence of the applicant's ability to comply with this regulation;

2. The applicant's oath assuring that the contents of the application are accurate and true;

3. Proof of ownership of real property in which the Agency is located, or lease agreement allowing the Licensee to occupy the real property in which the Agency is located; and

4. The county(ies) in which the Home Health Agency will provide services.

H. Licensing Fees. Each applicant shall pay a License fee prior to the issuance of a License. The initial and renewal License fee shall be one hundred dollars ($100.00) plus fifty dollars ($50.00) for each county served. All fees are non-refundable, shall be made payable to the Department by credit card or secured portal or specific website, and shall be submitted with the application. Governmental Home Health Agencies are exempt from payment of License fees. Annual licensing fees shall also include any outstanding Inspection fees.

I. Licensing Late Fee. Failure to submit a renewal application and fee to the Department by the License expiration date may result in a late fee(s) of twenty-five percent (25%) of the License fee amount, but not less than seventy-five dollars ($75.00), in addition to the License fee. Failure to submit the License fee and late fees to the Department within thirty (30) calendar days of the License expiration date shall render the Home Health Agency unlicensed.

J. License Renewal. For a License to be renewed, applicants shall file an application with the Department, shall pay the License renewal fee, and shall not have pending enforcement actions by the Department. If the License renewal is delayed due to enforcement actions, the License renewal shall be issued only when the matter has been resolved satisfactorily by the Department, or when the adjudicatory process is completed, whichever is applicable.

K. Amended License.

The Home Health Agency shall request issuance of an amended License by application to the Department prior to any of the following circumstances:

1. Change of a Home Health Agency location from one geographic site to another;

2. Change of the Home Health Agency's name or address;

3. Change in the county(ies) in which the Home Health Agency provides services. The Home Health Agency shall pay an amended License fee of fifty dollars ($50.00) for each additional county to be served; or

4. Establishment of new Branch Offices of the Home Health Agency.

L. Change of Licensee. The Home Health Agency shall request issuance of a new License by application to the Department prior to any of the following circumstances:

1. A change in the controlling interest even if, in the case of a corporation or partnership, the legal entity retains its identity and name; or

2. A change of the legal entity, for example, sole proprietorship to or from a corporation, partnership to or from a corporation, even if the controlling interest does not change.

M. Variance. The Home Health Agency 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.

S.C. Code Regs. § 61-77.100.102

Added by State Register Volume 46, Issue No. 05, eff. 5/27/2022.