Part 488 Survey, Certification and Enforcement Procedures

• Part 488 Subpart E Section 488.332 Investigation of Complaints of Violations and Monitoring of Compliance
• Part 488 Subpart E Section 488.335 Action on Complaints of Resident Neglect and Abuse; and Misappropriation of Resident Property

Part 431 State, Organization and General Administration

Civil Money Penalties (CMPs) are monetary penalties imposed by the Centers for Medicare and Medicaid Services (CMS) against nursing homes that have failed to maintain compliance with federal requirements. A portion of CMPs collected from nursing homes are returned to the states in which the CMPs were imposed and may be reinvested or used for projects supporting activities that benefit nursing home residents and that protect and improve their quality of care or quality of life. CMP funds may be used for, but not limited to the following:

Nursing homes may not be established, operated, or maintained in South Carolina without first obtaining a state license from DHEC in a manner provided by Article 3, Chapter 7, Title 44 of the South Carolina Code of Laws and DHEC regulations. Licensed nursing homes may volunteer to participate in the federal Medicare and Medicare programs, and DHEC is charged with enforcing the federal standards on behalf of the Centers for Medicare and Medicare Services (CMS). DHEC ensures nursing homes in South Carolina comply with state licensing and federal health and safety standards.

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ANY AND ALL ABUSE IS REPORTABLE TO THE BUREAU OF CERTIFICATION

Nursing Home Regulatory Requirements

CMS' State Operations Manual (SOM) Appendix PP, including nursing home guidance on Abuse, Neglect, and Exploitation, can be accessed here.

• Center for Medicare and Medicaid Services
• Code of Federal Regulations (searchable)
• Centers for Disease Control and Prevention (CDC)
• CLIA LABORATORY CERTIFICATE INFORMATION
• CMS SURVEY & CERTIFICATION LETTERS

Intermediate Care Facilities for Individuals with Intellectual Disabilities (ICF/IID) Program surveys intermediate care facilities for individuals with intellectual disability. Surveyors meet professional qualifications of the designation Qualified Intellectual Disabilities Professional (QIDP).

ICF/IID Regulations 42 CFR 483 Subpart I Interpretive Guidance: SOM Appendix J (pdf)

The South Carolina Department of Health and Environmental Control (S.C. DHEC) Division of Health Facilities Construction reviews plans, specifications, and construction for health care facilities which DHEC licenses in South Carolina. This authority comes from the South Carolina Legislature. Some health care facility types such as doctors offices and clinics are not licensed by S.C. DHEC and thus are not reviewed or inspected by us.

For all projects: