Current through Register Vol. 46, No. 3, March 25, 2022
A. Administrator of the State Medicaid Agency
means the Executive Director of South Carolina Department of Health and Human
B. Annual Standard Survey
means an annual standard survey conducted on each nursing facility, without
prior notice to the facility. The survey may occur as early as nine months, but
shall not be later than fifteen months after the date of the nursing facility's
previous standard survey. The statewide average interval between standard
surveys shall not exceed twelve months.
C. Certification means the State Survey
Agency's determination that a nursing facility meets the requirements for
participation in the Medicaid program.
D. Credible allegation means a statement or
documentation which must be submitted to the Centers for Medicare and Medicaid
Services (CMS) of the United States Department of Health and Human Services
(USDHHS) when a nursing facility has had serious deficiencies resulting in
imminent action to terminate the provider's certification. The statement must
indicate how deficiencies will be corrected and problems resolved and be
realistic in terms of the possibility of correction by specified
Notice of Correction means a certification letter from the Nursing Facility to
the State Survey Agency and the Medicaid Agency, stipulating that deficiencies
noted in the most recent survey and due to be corrected by the last date in an
accepted credible allegation or in an accepted plan of correction, have been
corrected as of the date of the certification letter. Credibility shall be
validated upon the next Survey Agency revisit, and penalties shall cease or
escalate from the date of the certified notice in accordance with procedures in
The statement, "I certify that" must precede the statement of
F. Deficiency means
non-compliance with requirements of participation for nursing facilities as
mandated by Federal Regulations.
Immediately Jeopardizes the Health or Safety of Residents means that conditions
exist which pose a high probability that serious harm or injury to patients
could occur at any time, or already has occurred and may well occur again if
patients are not protected effectively from the harm (An immediate and serious
threat need not result in actual harm to the resident. The threat of probable
harm is perceived as being as serious or significant).
The only acceptable corrective action is the immediate
elimination of the conditions which immediately jeopardize the resident's
health and safety.
Medicaid is the common name for Title XIX of the Social Security Act.
I. Nursing Facility means a facility with an
organized nursing staff to maintain and operate organized facilities and
services to accommodate two or more non-related persons over a period exceeding
twenty-four hours, which is operated either in connection with a hospital or as
a free standing facility for the express or implied purpose of providing
nursing care for persons who are not in need of hospital care, and in which all
nursing care is prescribed by or performed under the direction of persons
currently licensed to practice medicine in the State of South Carolina. Nursing
care consists of nursing services requiring knowledge, judgment, and skill in
caring for the sick.
Deficiency means a deficiency, cited by the State Survey Agency during a
current survey, that has the exact same tag number but a different reason from
the one cited during the previous survey.
K. Repeat Deficiency means a deficiency,
cited by the State Survey Agency during a current survey, that has the exact
same tag number as cited for the exact same reason in a previous
L. Requirements of
Participation means the requirements a nursing facility must meet in order to
receive payment under the state's Medicaid program.
M. Substantial Risk to Health and Safety of
Residents means conditions exist which over time if not corrected, will likely
result in harm or injury to patients.
N. State Medicaid Agency means Department of
Health and Human Services (SCDHHS).
O. State Survey Agency means the Department
of Health and Environmental Control (DHEC).
P. Tag Number means a reference number which
identifies a particular Code of Federal Regulation regulatory
Management/Receivership means the appointment of a substitute manager or
administrator, with powers, as enumerated in the statute, by the