The South Carolina Department of Public Health (DPH) has issued an updated draft of proposed amendments to Regulation 61-122, Standards for Licensing In-Home Care Providers, after receiving substantial feedback from the home care industry prior to publication of a Notice of Proposed Regulation (NPR), including from the HCAOA South Carolina Chapter. Click here to view the updated draft.   

​Last week, the HCAOA South Carolina Chapter, South Carolina Home Care and Hospice Association, and Hearts for Home Care co-hosted a successful advocacy day with more than 30 advocates at the state Capitol in Columbia.

All South Carolina members are invited to join a virtual meeting with the HCAOA South Carolina Chapter on January 21 at 12:00 p.m. ET. During the meeting, an update on new licensure regulations will be given, in addition to a federal legislative update highlighting the Senator Elizabeth Dole 21st Century Veterans Healthcare and Benefits Improvement Act, which was recently signed into law.

Join your colleagues on Thursday, December 12, from 12:30 - 1:30 p.m. for an informal virtual meeting with chapter members to discuss the upcoming 2025 legislative session and ways members can get involved in chapter activities throughout 2025. If you’ve been wanting to learn more about getting involved in HCAOA in South Carolina, now is the time!

​The South Carolina Department of Public Health hosted a stakeholder call on November 12 to discuss their new proposed regulations, R. 61-6122, Standards for Licensing In-Home Care Providers. During the call, providers sought clarity on a number of proposed regulations, including those related to background checks and drug testing requirements, which HCAOA is currently reviewing.

As we continue to stand with our fellow home care providers in the Carolinas affected by Hurricane Helene, we encourage all members to contribute to the Carolinas Foundation for Hospice and Home Care. Your tax-deductible donations will directly support displaced aides, nurses, and other home care and hospice staff through cash scholarships for essential needs like gas, food, and rent. This initiative is managed by the HCAOA Member Association for Home and Hospice Care of North Carolina, which has provided relief in past disasters, including raising $60,000 after Hurricane Florence.

Last week, HCAOA members joined forces with the South Carolina Home Care and Hospice Association and Hearts for Home Care to advocate for home care and hospice services. Thirty advocates and providers across the state walked the halls and met with over 35 lawmakers at the state Capitol in Columbia to address workforce wage demand. HCAOA South Carolina Chair Melissa Allman, Director of Government Affairs at BAYADA Home Care, stated, “We are grateful for the continued support from the General Assembly and the Department of Health and Human Services.”

HCAOA’s South Carolina Home Care Advocacy Day is Wednesday, March 20, from 9:00 a.m. to 2:00 p.m. HCAOA SC Chapter members, please register today and join your colleagues for this impactful event.

​Effective July 1, 2023, the South Carolina Department of Health and Human Services (SCDHHS) is consolidating multiple personal care and private duty nursing services into single procedure codes for personal care, private duty nursing and enhanced nursing. These service consolidations are being made to reduce the administrative burden for providers and support improved access to care. These changes affect State Plan private duty nursing services and services provided through home and community-based service (HCBS) waiver programs.

​The South Carolina Department of Health and Human Services (SCDHHS) is increasing specific reimbursement rates for personal care and nursing services for State Plan and home and community-based waiver services (HCBS).

​Beginning in July, the South Carolina Department of Health and Human Services will proactively work with all Healthy Connections Medicaid-enrolled providers who are categorized as high-risk to ensure they are in compliance with federal regulations. CMS requires providers classified as “high risk” to submit fingerprint-based criminal background checks.

On April 25, Gov. McMaster signed H.3126 into law, restricting a private employer from instituting a COVID-19 vaccine mandate for its employees. However, H.3126 includes an exception for employers who (1) have certain qualifying federal conflicts and (2) submit an affidavit attesting to those federal conflicts to the Department of Employment and Workforce (DEW). DEW has posted more information about the process here.
 
Who should submit an affidavit:
You should file an affidavit with DEW if you are subject to an executive order or federal rule that requires your employees to be vaccinated. Certain providers who accept payments from CMS fall under this category.
 
What is an affidavit?
At this time, DEW has not provided a standard affidavit form that must be completed. DEW has advised us that it is leaving the form of the affidavit up to individual employers. The only requirement is that it be in PDF format. It appears that they are seeking a simple attestation that a federal conflict (such as your CMS related work) prohibits you from complying with H.3126. HCAOA has developed a sample affidavit for members. Click here to download. 
 
How to submit your affidavit to DEW:
An employer should submit a PDF of their completed affidavit to [email protected]. Employers will receive a reply email confirming receipt. Affidavits are being handled by DEW’s Office of Governmental Affairs. For questions, contact E. Andrews Morgan at [email protected] or (839) 810-7679. Duncan Crotwell, Deputy Director of Governmental Affairs, can also be reached for questions at (803) 737-0398.
 
Nothing in this informational post constitutes legal advice nor should this post serve as a substitute for legal advice. If you are unsure about the consequences of H.3126 on your business, you should seek the counsel of an attorney licensed in South Carolina.

To ensure a smooth transition to the electronic visit verification (EVV) system for in-home services provided by the three waivers operated by the South Carolina Department of Disabilities and Special Needs (SCDDSN), the state DHHS is delaying the EVV launch and go live timelines, initially scheduled for April 4 and 5.
 
Providers will be notified, via an alert, with next steps, including access to AuthentiCare web portal login credentials and additional training opportunities, once a new launch date is identified.

Click here for more information and additional resources.

​The Hospital Inpatient Modernization Act (S3792/HR7053) was introduced earlier this month to extend the CMS waiver that was initiated during the pandemic to provide acute care to patients in their homes.   

​SCDHHS is accepting public comments through March 28 on its 1915(c) Home and Community-Based Waiver Amendments, which establish authority for the use of enhanced funding from Section 9817 of the American Rescue Plan Act (ARPA). These amendments will address cost limits and services to account for impacts associated with COVID-19 and will make permanent the rate increases implemented under the recently approved Appendix K.