Greenville Senior AdvisorWhat rights do residents of South Carolina assisted living facilities have?
South Carolina's Bill of Rights for Residents of Long Term Care Facilities (S.C. Code 44-81-10 and following) applies to CRCFs and nursing homes, and Regulation 60-84 requires every CRCF to train staff on it and to give residents a copy; DPH publishes the bill of rights in English and Spanish.
The rights include being treated with dignity and respect, privacy in care and communications, managing one's own money, voicing grievances without retaliation, receiving visitors, participating in care planning, and being informed of services and charges. Section 1001 of Regulation 60-84 adds CRCF-specific assurances.
| Law | Citation |
|---|---|
| Alzheimer's Special Care Disclosure Act | S.C. Code 44-36-510 et seq. |
| Bill of Rights for Residents of Long Term Care Facilities | S.C. Code 44-81-10 et seq. |
| Criminal record checks of direct care staff | S.C. Code 44-7-2910 et seq. |
| Omnibus Adult Protection Act | S.C. Code 43-35-5 et seq. |
What must a South Carolina admission agreement include?
Before admission, the resident and facility must sign a written agreement that explains the specific care, services and equipment provided, discloses every fee, gives at least 30 days' advance notice of any fee change, states the refund policy on discharge, and states the personal needs allowance and transportation policy (Regulation 60-84, Section 901.A).
The agreement must be revised whenever anything changes. Read it before move-in day, not at the desk on move-in day. Look especially at level-of-care fees, which are often where monthly costs rise, and at what happens to prepaid rent if the resident is hospitalized or dies. A fee increase without 30 days' written notice is a complaint the ombudsman can help with.
Who controls a resident's money in a CRCF?
Residents manage their own funds whenever possible; the facility may hold personal money only on the resident's written request, must keep an accurate accounting with receipts, must give the resident a quarterly balance report, and may not give the resident's money to anyone, including family, without written consent (Regulation 60-84, Section 902).
If a resident can no longer manage money, the administrator must contact a family member or the county probate court about a guardian or conservator, and the licensee, administrator or their relatives may not be appointed. The licensee may serve as representative payee for benefits such as Social Security, which is common for residents receiving Optional State Supplementation.
Can a South Carolina CRCF use restraints?
Only in an extreme emergency: Regulation 60-84 bars mechanical, physical or chemical restraints during routine care, for staff convenience or as a substitute for care, and allows a physician-ordered mechanical or physical restraint only when a resident is a danger to themselves or others and until appropriate medical care can be secured (Section 905.A).
Only devices designed as restraints may be used, an emergency order must state the reason, type, maximum time and how the resident will be observed, and a resident certified as needing restraint for more than 24 hours must be transferred to an appropriate facility (Section 905.B-C). Antipsychotic medication prescribed for a resident with dementia is not treated as a chemical restraint when given exactly as ordered and recorded. Ask how the facility uses non-drug approaches first and how often residents' psychiatric medications are reviewed.
What happens when a CRCF closes or changes owners?
Before a permanent closure the licensee must notify DPH in writing of the closure date, and within 10 days afterward report where residents were relocated, how records are kept and the dates and amounts of resident refunds (Regulation 60-84, Section 607.A); because a license belongs to one licensee at one location, a change of ownership requires a new license.
Ownership changes are common among larger Upstate buildings, many of which are operated by out-of-state companies. A new operator can change staffing, fees and policies, subject to the admission agreement and its 30-day fee notice. Our facility pages show the licensee's legal name and home state from DPH's data so families can see who is actually responsible.
At a glance
| A CRCF resident in South Carolina has | A CRCF resident in South Carolina does not have | |
|---|---|---|
| Fees | A written agreement and 30 days' notice of changes | A cap on how much fees can rise |
| Money | Control of their own funds and quarterly statements | To hand money to the facility without written records |
| Advocacy | A free regional long-term care ombudsman | To hire a lawyer to raise a complaint |
| Care plan | A say in the plan, reviewed at least every six months | A guarantee the facility can meet every future need |
Sources include S.C. Code Regs. 60-84, DPH Healthcare Quality and SCDHHS pages and bulletins, CareScout, CMS and VA rate tables as cited above; see our editorial standards.
