South Carolina Code of Laws
Chapter 6 - Department Of Health And Human Services
Section 44-6-132. Legislative findings and intent.

The General Assembly finds that:
(1) There are citizens who cannot afford to pay for hospital care because of inadequate financial resources or catastrophic medical expenses.
(2) Rising health care costs and the growth of the medically indigent population have increased the strains on the health care system with a growing burden on the hospital industry, health insurance companies, and paying patients.
(3) This burden has affected businesses, which are large purchasers of health care services through employee insurance benefits, and taxpayers in counties which support public hospitals, and it causes the cost of services provided to paying patients to increase in a manner unrelated to the actual cost of services delivered to them.
(4) Hospitals which provide the bulk of unreimbursed services cannot compete economically with hospitals which provide relatively little care to indigent persons.
(5) Because of the complexity of the health care system, any effort to resolve the problem of paying for care for medically indigent persons must be multifaceted and shall include at least four general principles:
(a) Funds must be made available to assure continued access to quality health care for medically indigent patients.
(b) Cost containment measures and competitive incentives must be placed into the health care system along with the additional funds.
(c) The cost of providing indigent care must be equitably borne by the State, the counties, and the providers of care.
(d) State residents must be guaranteed access to emergency medical care regardless of their ability to pay or county of residence.
It is the intent of the General Assembly to:
(1) assure care for the largest possible number of its medically indigent citizens within funds available by:
(a) expanding the number of persons eligible for Medicaid services, using additional state and county funds to take advantage of matching federal funds;
(b) creating a fund based on provider and local government contributions to provide medical assistance to those citizens who do not qualify for Medicaid or any other government assistance and who do not have the means to pay for hospital care; and
(c) mandating access to emergency medical care for all state residents in need of the care;
(2) Provide incentives for cost containment to providers of care to indigent patients by implementing a prospective payment system in the Medicaid and Medically Indigent Assistance Fund programs;
(3) monitor efforts to foster competition in the health care market place while being prepared to make adjustments in the system through regulatory intervention if needed;
(4) promote market reforms, as the single largest employer in the State, by structuring its health insurance program to encourage healthy lifestyles and prudent use of medical services; and
(5) reduce where possible or maintain the current rate schedules of hospitals to keep costs from escalating.
HISTORY: 1985 Act No. 201, Part II, Section 19 (preamble).

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 44 - Health

Chapter 6 - Department Of Health And Human Services

Section 44-6-5. Definitions.

Section 44-6-10. Creation of commission; members; term; conflict of interests.

Section 44-6-30. Duties and limitations.

Section 44-6-35. Medicaid waiver protections.

Section 44-6-40. Duties.

Section 44-6-45. Authority of commission to collect administrative fees associated with accounts receivable for those individuals or entities which negotiate repayment to agency.

Section 44-6-50. Contracts with other agencies; program monitoring.

Section 44-6-70. Preparation of state plan and resource allocation recommendations.

Section 44-6-80. Annual and interim reports.

Section 44-6-90. Promulgation of regulations; other agencies to cooperate with commission.

Section 44-6-100. Personnel of commission; duties; compensation.

Section 44-6-110. Medicaid providers; boundary clarification.

Section 44-6-115. Covered Medicaid pharmacy services.

Section 44-6-132. Legislative findings and intent.

Section 44-6-135. Short title.

Section 44-6-140. Medicaid hospital prospective payment system; cost containment measures.

Section 44-6-146. County assessments for indigent medical care; penalties for failure to pay assessments in timely manner.

Section 44-6-150. Medically Indigent Assistance Program; reporting of charges for sponsored patients; duties of commission; duty to provide unreimbursed medical care to indigent persons.

Section 44-6-155. Medicaid Expansion Fund.

Section 44-6-160. Target rate of increase for net inpatient charges; excessive increases; penalties.

Section 44-6-170. Collection and release of health care related data; confidentiality; regulations to be promulgated; Data Oversight Council; Health Data Analysis Task Force; hospitals to provide required information; violations and penalties.

Section 44-6-175. Repealed.

Section 44-6-180. Confidentiality of patient records; controlled dissemination of data; violations and penalties.

Section 44-6-190. Applicability of Administrative Procedures Act; compliance with Medicaid disclosure rules.

Section 44-6-200. Falsification of information; penalties.

Section 44-6-220. Notice requirements on nursing home admission applications.

Section 44-6-300. Child development services to be established.

Section 44-6-310. Expansion of existing child development services.

Section 44-6-320. Appropriations.

Section 44-6-400. Definitions.

Section 44-6-420. Enforcement actions; considerations; proportionality to violations.

Section 44-6-470. Fines; use of funds collected.

Section 44-6-530. Federal jurisdiction.

Section 44-6-540. Authority for rulemaking, and to ensure compliance with Medicaid participation.

Section 44-6-610. Citation of article.

Section 44-6-620. Definitions.

Section 44-6-630. Creation of GAPS program; purpose.

Section 44-6-640. Administration of program; assistance of other agencies or organizations; enrollment fee.

Section 44-6-650. Eligibility; benefits.

Section 44-6-660. Evaluation of cost effectiveness; annual report.

Section 44-6-710. Treating application of person deemed ineligible because of Medicaid qualifying trust as undue hardship case.

Section 44-6-720. Requirements for qualifying for undue hardship waiver.

Section 44-6-725. Promissory notes received by Medicaid applicant or recipient.

Section 44-6-730. Promulgation of regulations to implement article and comply with federal law; amendment of state Medicaid plan consistent with article.

Section 44-6-910. Health facilities recognized and designated as providers for underserved patients; when hospital in urban area considered "rural".

Section 44-6-1010. Pharmacy and Therapeutics Committee established; membership.

Section 44-6-1020. Adoption of bylaws; election of chairman and vice chairman; compensation; meetings; public comment on clinical and patient care data from Medicaid providers.

Section 44-6-1030. Recommendation of therapeutic classes of drugs to be included on preferred drug list.

Section 44-6-1040. Preferred drug list program; procedures to be included.

Section 44-6-1050. Prior authorization for drug; refills; appeals.