Section 44-7-266 - Uncompensated indigent care requirements; ambulatory surgical facilities(A) In order to be licensed by the department, a hospital is prohibited from using economic criteria unrelated to quality of care or professional competency in determining an individual's qualifications for initial or continuing hospital medical staff membership or privileges.(B) The requirements of this section shall apply to new contracts or renewals of contracts entered into on or after the effective date of this section.(C) In order to be licensed by the department, any ambulatory surgical facility established or constructed after the effective date of this section and which does not require a Certificate of Need under this chapter, shall provide indigent/charity care in one of the amounts below after it has been in operation for two calendar years: (1) if the ambulatory surgical facility provides care to Medicaid beneficiaries, it must provide uncompensated indigent/charity care to the underinsured or medically indigent in an amount equal to or greater than two percent of its adjusted gross revenue; or(2) if the ambulatory surgical facility does not provide care to Medicaid beneficiaries, it must provide uncompensated indigent/charity care to the underinsured or medically indigent in an amount equal to or greater than three percent of its adjusted gross revenue.(3) For purposes of this section, "medically indigent" is defined as in Section 44-6-5(5).(4) An ambulatory surgical facility subject to this provision must provide annual reports to the department to demonstrate its compliance. Noncompliance of this provision shall result in a monetary penalty in the amount of the difference between the services which the facility is required to provide and the amount actually provided.(D) The department shall promulgate regulations within one year of the effective date of this act setting forth the necessary duties to comply with this provision.Added by 2023 S.C. Acts, Act No. 20 (SB 164),s 9, eff. 5/16/2023.