Long Term Care Council, the official text

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

(A129, R168, H3022)

AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 43-21-130, RELATING TO THE LONG-TERM CARE COUNCIL, SO AS TO CORRECT REFERENCES TO CERTAIN AGENCIES WITH MEMBERSHIP ON THE COUNCIL; BY AMENDING SECTION 43-21-140, RELATING TO THE PURPOSE AND DUTIES OF COUNCIL, SO AS TO PROVIDE FOR THE SHARING OF DATA WITH MEMBER AGENCIES; AND FOR OTHER PURPOSES.

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

Long-Term Care Council

SECTION 1. Sections 43-21-130 through 43-21-140 of the S.C. Code are amended to read:

Section 43-21-130. (A) There is created the Long-Term Care Council (council) composed of the following voting members:

(1) the Governor or his designee;

(2) the Director of the Department of Social Services or their designee;

(3) the Director of the Department of Public Health or their designee;

(4) the Director of the Department of Behavioral Health and Developmental Disabilities Office of Mental Health or their designee;

(5) the Director of the Department of Behavioral Health and Developmental Disabilities Office of Intellectual and Developmental Disabilities or their designee;

(6) the Director of the Department on Aging or their designee;

(7) the Director of the Department of Health and Human Services or their designee;

(8) the Secretary of the Department of Veterans' Affairs or their designee;

(9) the Chairman of the Joint Legislative Committee on Aging, or their designee;

(10) one representative of each of the following groups appointed by the Governor annually:

(a) long-term care providers;

(b) long-term care consumers;

(c) persons in the insurance industry developing or marketing a long-term care product.

(B) Each director serving as a council member may authorize in writing a designee to vote on his behalf at two meetings a year. Members appointed by the Governor to represent private groups serve without compensation.

(C) The council shall meet at least quarterly, provide for its own officers, and make an annual report to the General Assembly before January second each year. This report must include new council recommendations.

Section 43-21-140. The council has no authority to direct or require any implementing action from any member agency. The council shall identify future policy issues in long-term care and may conduct research and demonstration activities related to these issues. Through close coordination of each member agency's planning efforts, including sharing necessary data and information, the council shall develop recommendations for a statewide service delivery system for all health-impaired elderly or disabled persons, regardless of the persons' resources or source of payment. These recommendations must be updated annually as needed. The service delivery system must provide for:

(1) charges based on ability to pay for persons not eligible for Medicaid;

(2) coordination of community services;

(3) access to and receipt of an appropriate mix of long-term care services for all health-impaired elderly or disabled persons;

(4) case management; and

(5) discharge planning and services.

The council, through its member agencies, shall study and make recommendations concerning the costs and benefits of: adult day care centers, in-home and institutional respite care, adult foster homes, incentives for families to provide in-home care, such as cash assistance, tax credits or deductions, and home-delivered services to aid families caring for chronically impaired elderly relatives. The council shall work to establish and maintain a statewide access system for consumers to access long-term supports and services.

Time effective

SECTION 2. This act takes effect upon approval by the Governor.

Ratified the 14th day of May, 2026.

Approved the 15th day of May, 2026.

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