South Carolina § 37-11-50 - Preliminary licenses.

§ 37-11-50. Preliminary licenses.

(A) The department shall issue a preliminary license to a person filing an application pursuant to Section 37-11-30 if, upon payment of the application fee, it determines that:

(1) the feasibility study satisfies the requirements in Section 37-11-40(B) and demonstrates the project is feasible;

(2) the continuing care contracts and the operator's disclosure statement meet the requirements prescribed by this chapter;

(3) the facility's advertising and promotional materials are not deceptive, misleading, or likely to mislead;

(4) the facility has in effect its complaint system;

(5) the applicant has demonstrated the willingness and potential ability to provide health care or health-related services in a manner that assures availability and accessibility of adequate personnel and facilities, and in a manner that assures continuity of service;

(6) the escrow agreement and any reservation agreement state that all deposits will be held in escrow and released in accordance with Section 37-11-90.

(B) The department shall issue a license to a person filing an application pursuant to Section 37-11-30 if, upon payment of the application fee, the department is satisfied that:

(1) the persons responsible for the conduct of the affairs of the applicant are competent and trustworthy and possess good reputations;

(2) the continuing care retirement community is financially responsible and can meet its obligations to residents;

(3) the operator has demonstrated the willingness and potential ability to assure that the health care or health-related services will be provided in a manner to assure both availability and accessibility of adequate personnel and facilities and in a manner assuring availability, accessibility, and continuity of service;

(4) the operator has complied with all requirements of the Department of Health and Environmental Control concerning the furnishing of nursing, medical, or other health-related services.

HISTORY: 1989 Act No. 97, SECTION 1; 2022 Act No. 197 (H.4983), SECTION 5, eff May 16, 2022.

Effect of Amendment

2022 Act No. 197, SECTION 5, inserted (A), and inserted the (B) designator in the former undesignated paragraph.