South Carolina S 154: Ryan Lovett, Greenwood Fire Department

Bill Text

2025-2026 Bill 154 Text of Previous Version (Dec. 11, 2024) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 154

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING 
SECTION 44-81-40, RELATING TO RIGHTS OF RESIDENTS OF LONG-TERM CARE FACILITIES, 
SO AS TO PROVIDE THAT RESIDENTS MAY DESIGNATE ONE PERSON WHO IS PERMITTED TO 
VISIT THE RESIDENT IN THE EVENT THAT ACCESS TO THE FACILITY IS LIMITED OR 
PROHIBITED DUE TO A DECLARED STATE OF EMERGENCY ARISING FROM A DISASTER OR 
PUBLIC HEALTH EMERGENCY.

Be it enacted by the 
General Assembly of the State of South Carolina:

SECTION 1. Section 44-81-40 of the S.C. Code is amended to read:

 Section 
44-81-40. (A) Each resident or the 
resident's representative must be given by the facility a written and oral 
explanation of the rights, grievance procedures, and enforcement provisions of 
this chapter before or at the time of admission to a long-term care facility. 
Written acknowledgment of the receipt of the explanation by the resident or the 
resident's representative must be made a part of the resident's file. Each 
facility must have posted written notices of the residents' rights in 
conspicuous locations in the facility. The written notices must be approved by 
the department. The notices must be in a type and a format which is easily 
readable by residents and must describe residents' rights, grievance 
procedures, and the enforcement provisions provided by this chapter.

 (B) 
Each resident and the resident's representative must be informed in writing, 
before or at the time of admission, of:

 (1) 
available services and of related charges, including all charges not covered 
under federal or state programs, by other third party payers, or by the 
facility's basic per diem rate;

 (2) 
the facility's refund policy which must be adopted by each facility and which 
must be based upon the actual number of days a resident was in the facility and 
any reasonable number of bed-hold days, except when the provisions of 
subsection (E) apply.

 Each resident and the 
resident's representative must be informed in writing of any subsequent change 
in services, charges, or refund policy.

 (C) 
Each resident or the resident's legal guardian has the right to:

 (1) 
choose a personal attending physician;

 (2) 
participate in planning care and treatment or changes in care and treatment;

 (3) 
be fully informed in advance about changes in care and treatment that may 
affect the resident's well-being;

 (4) 
receive from the resident's physician a complete and current description of the 
resident's diagnosis and prognosis in terms that the resident is able to 
understand;

 (5) 
refuse to participate in experimental research.

 (D) A 
resident may be transferred or discharged only for medical reasons, for the 
welfare of the resident or for the welfare of other residents of the facility, 
or for nonpayment and must be given written notice of not less than thirty 
days, except that when the health, safety, or welfare of other residents of the 
facility would be endangered by the thirty-day notice requirement, the time for 
giving notice must be that which is practicable under the circumstances. Each 
resident must be given written notice before the resident's room or roommate in 
the facility is changed.

 (E)(1) If a community residential care 
facility resident or a resident's representative chooses to voluntarily 
relocate from the resident's current facility, the resident or the resident's 
representative must give the facility administrator written notice of this 
intent to relocate not less than fourteen days before the resident's relocation 
becomes effective. Voluntary relocation does not occur when a resident of a 
community residential care facility seeks to be discharged because a higher 
level of care is required or because the resident's health, safety, or welfare 
is endangered.

 (2) 
If a community residential care facility resident or a resident's 
representative fails to give timely notice as required by this subsection, the 
facility administrator may charge the resident the equivalent of fourteen days 
occupancy from the earlier of the date of the relocation or the date the 
facility administrator received proper notice of the resident's intent to 
relocate. However, if the facility is able to fill the bed vacated by the 
resident, the facility shall cease charging the resident regardless of the 
notice given. The facility shall notify the previous resident in writing as 
soon as it fills the bed with a new resident.

 (3) 
Residents participating in the Optional State Supplementation Program are 
excluded from the requirements of items (1) and (2).

 (F) 
Each resident or the resident's representative may manage the resident's 
personal finances