South Carolina § 44-7-160 - Certificate of Need requirements.

§ 44-7-160. Certificate of Need requirements.

(A) A person or nursing home as defined in this article is required to obtain a Certificate of Need from the department before undertaking any of the following:

(1) the construction or other establishment of a new nursing home;

(2) a change in the existing bed complement of a nursing home through the addition of one or more beds or change in the classification of licensure of one or more beds;

(3) an expenditure by or on behalf of a nursing home in excess of an amount to be prescribed by regulation which, under generally acceptable accounting principles consistently applied, is considered a capital expenditure except those expenditures exempted in Section 44-7-170(B)(1). The cost of any studies, surveys, designs, plans, working drawings, specifications, and other activities essential to the development, acquisition, improvement, expansion, or replacement of any plant or equipment must be included in determining if the expenditure exceeds the prescribed amount;

(4) a capital expenditure by or on behalf of a nursing home which is associated with the addition or substantial expansion of a health service for which specific standards or criteria are prescribed in the South Carolina Health Plan;

(5) the offering of a health service by or on behalf of a nursing home which has not been offered by the facility in the preceding twelve months and for which specific standards or criteria are prescribed in the South Carolina Health Plan;

(6) the acquisition of medical equipment by or on behalf of a nursing home which is to be used for diagnosis or treatment if the total project cost is in excess of that prescribed by regulation.

(B) A person or health care facility, as defined in this article, is required to obtain a Certificate of Need from the department before undertaking the following:

(1) the construction or other establishment of a hospital;

(2) a change in the existing bed complement of a hospital through the addition of one or more beds or change in the classification of licensure of one or more beds.

(C) Effective January 1, 2027, Section 44-7-160(B) is repealed.

HISTORY: 1962 Code SECTION 32-765; 1952 Code SECTION 32-765; 1947 (45) 510; 1971 (57) 376; 1979 Act No. 51 SECTION 1; 1988 Act No. 670, SECTION 1; 1992 Act No. 511, SECTION 6; 2010 Act No. 278, SECTION 5, eff July 1, 2010; 2023 Act No. 20 (S.164), SECTION 6, eff May 16, 2023.

Effect of Amendment

2023 Act No. 20, SECTION 6, inserted the (A) designator, substituted "nursing home" for "health care facility" throughout, and in (6), inserted "by or on behalf of a nursing home"; and added (B) and (C).