Any use of funds collected by the department as a result of the imposition of civil monetary penalties or other enforcement actions must be for a purpose related to the protection of the health and property of residents of nursing homes that participate in the Medicaid program. These funds may be used for the cost of relocating residents to other nursing homes, if necessary, and also may be used to reimburse residents for personal funds lost as a result of violations of the requirements for participation in the Medicaid program by the nursing home. In addition, these funds may be used for other costs directly associated with enforcement or corrective measures at facilities found to be out of compliance with the requirements for participation in the Medicaid program or for any other purpose that enhances or improves the health and quality of life for residents. These requirements for the use of funds collected also apply to funds received by the department that are collected as the result of enforcement actions directed by federal authorities.
HISTORY: 1990 Act No. 449, Section 4; 1993 Act No. 181, Section 1066; 1998 Act No. 419, Part II, Section 45C.
Structure South Carolina Code of Laws
Chapter 6 - Department Of Health And Human Services
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 44-6-50. 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 44-6-155. Medicaid Expansion Fund.
Section 44-6-160. Target rate of increase for net inpatient charges; excessive increases; penalties.
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 44-6-650. Eligibility; benefits.
Section 44-6-660. Evaluation of cost effectiveness; annual report.
Section 44-6-720. Requirements for qualifying for undue hardship waiver.
Section 44-6-725. Promissory notes received by Medicaid applicant or recipient.
Section 44-6-1010. Pharmacy and Therapeutics Committee established; membership.
Section 44-6-1040. Preferred drug list program; procedures to be included.
Section 44-6-1050. Prior authorization for drug; refills; appeals.