2023 Legislative Session
Latest News & Updates
March 2023
Legislative Update & Call to Action
Issue:
SCOA supports S. 164 as passed by the Senate which eliminates CON for everything except nursing homes and ASCs with more than 8 ORs. Additionally, S. 164 prohibits hospitals from imposing non-compete clauses in employment negotiations with physicians.
Call to Action:
SC House Members are on break in their home districts until March 28 so now is the time to contact your Representative in support of CON Repeal. Be assured that all House members are hearing from a large, well-organized hospital lobby in opposition to Repeal. Your voice is needed to counter that opposition. While substantial support for S. 164 exists in the House, the outcome is far from certain. Please contact all House members in your county and practice area this week. Also consider informing your staff and patients of this issue. Several resources are linked below to assist you.
Crux of the issue: CON blocks access to lower cost healthcare settings for SC Citizens and puts them at higher risk of incurring medical debt from exorbitant out-of-pocket expenses.
Next Steps for S. 164:
We believe the House 3M Medical Subcommittee will vote on S. 164 in early April. The sub-committee may endorse the Bill as passed by the Senate, recommend amendments to the Bill, or decline to recommend the Bill to the full 3M Committee. The full 3M Committee will undergo a similar process to determine what amendments, if any, will be added to the Bill before it is passed to the full House for debate. The Speaker of the House will determine what priority the Bill is given on the House calendar.
While SCOA strongly supports S. 164, we expect multiple compromise amendments will be introduced in Committee to dilute the existing bill. With Representatives now back home in their districts, the hospital lobby will be fully engaged in efforts to weaken or block the repeal legislation. Most of the proposed changes will do nothing but raise costs for patients and limit access to care.
Other Issues:
S. 164 is our current priority because it is actively moving through the Committee process. We are monitoring S. 553 that would expand scope of practice for both APRNs and PAs. The bill has been referred to the Senate Medical Affairs Committee, but has not yet been assigned a hearing date.
Similarly, H. 3687 to allow unlimited direct access to Physical Therapy without a physician’s order has been referred to the House LCI Committee, but it has not been assigned a hearing date.
SCOA supports S. 164 as passed by the Senate which eliminates CON for everything except nursing homes and ASCs with more than 8 ORs. Additionally, S. 164 prohibits hospitals from imposing non-compete clauses in employment negotiations with physicians.
Call to Action:
SC House Members are on break in their home districts until March 28 so now is the time to contact your Representative in support of CON Repeal. Be assured that all House members are hearing from a large, well-organized hospital lobby in opposition to Repeal. Your voice is needed to counter that opposition. While substantial support for S. 164 exists in the House, the outcome is far from certain. Please contact all House members in your county and practice area this week. Also consider informing your staff and patients of this issue. Several resources are linked below to assist you.
- Find Your Legislator
- SC House Contact List
- House Member Bios
- CON Repeal Talking Points
- Video: The CON Law Increases Medical Debt for South Carolinians
- Support CON Repeal One Pager for Staff and Patients
Crux of the issue: CON blocks access to lower cost healthcare settings for SC Citizens and puts them at higher risk of incurring medical debt from exorbitant out-of-pocket expenses.
Next Steps for S. 164:
We believe the House 3M Medical Subcommittee will vote on S. 164 in early April. The sub-committee may endorse the Bill as passed by the Senate, recommend amendments to the Bill, or decline to recommend the Bill to the full 3M Committee. The full 3M Committee will undergo a similar process to determine what amendments, if any, will be added to the Bill before it is passed to the full House for debate. The Speaker of the House will determine what priority the Bill is given on the House calendar.
While SCOA strongly supports S. 164, we expect multiple compromise amendments will be introduced in Committee to dilute the existing bill. With Representatives now back home in their districts, the hospital lobby will be fully engaged in efforts to weaken or block the repeal legislation. Most of the proposed changes will do nothing but raise costs for patients and limit access to care.
Other Issues:
S. 164 is our current priority because it is actively moving through the Committee process. We are monitoring S. 553 that would expand scope of practice for both APRNs and PAs. The bill has been referred to the Senate Medical Affairs Committee, but has not yet been assigned a hearing date.
Similarly, H. 3687 to allow unlimited direct access to Physical Therapy without a physician’s order has been referred to the House LCI Committee, but it has not been assigned a hearing date.
February 2023
Certificate of Need (CON) Update
On February 21, 2023, the SC House 3M Medical sub-committee was joined by members of the full committee to receive testimony on S 164 that would substantially repeal Certificate of Need (CON). S 164 eliminates CON for everything except nursing homes and Ambulatory Surgery Centers (ASC) with more than 8 ORs. Additionally, S 164 prohibits hospitals from imposing non-compete clauses in employment negotiations with physicians.
The hearing lasted three hours, with each speaker being limited to 3 minutes. Testimony was almost equally split among speakers supporting S 164 and those who oppose it. Among other requests, the SC Hospital Association asked the Committee to limit CON exemption to ASCs with no more than 2 ORs and to remove the non-compete language completely. Many hospital administrators testified that revenue from ASC eligible procedures performed on privately insured patients is needed to offset the emergency care they are required to offer to uninsured patients who cannot afford to pay for services.
Upstate SCOA Member Dr. Marc Tanner and Managing Director AnnMargaret McCraw offered comments on behalf of SCOA. Dr. Tanner shared his personal experience with delayed access to upstate ORs and the impact of HOPD cost as compared to ASC for his patients. AnnMargaret shared specific examples of site of service cost differences for Medicare and privately insured patients undergoing a rotator cuff repair. She noted that the increase in high-deductible health plans means many insured patients are not able to cover their out-of-pocket medical expenses so having access to lower cost surgical settings is critically important to them.
Additionally, she reviewed the benefits non-profit hospitals receive precisely because they provide charity care: exemption from federal, state and local property taxes; receipt of federal disproportionate share payments to offset uncompensated care; ability to receive tax-deductible contributions and issue tax-exempt bonds, which lowers their cost of borrowing. None of those benefits are available to ASCs.
Next Steps
The 3M Medical Sub-Committee will meet to discuss S 164 in light of testimony received. At this point, the sub-committee may endorse the Bill as passed by the Senate, recommend amendments to the Bill, or decline to recommend the Bill to the full 3M Committee. The full 3M Committee will undergo a similar process to determine what amendments, if any, will be added to the Bill before it is passed to the full House for debate. The Speaker of the House will determine what priority the Bill is given on the House calendar.
SCOA leadership is convening in Columbia on March 1 and will spend time meeting with legislators to reiterate our support for S 164. We are also monitoring the progress of Scope of Practice bills for physical therapists and advanced practice nurses.
To access a recording of the 3M Committee hearing on CON, click Video Archives on this page.
The hearing lasted three hours, with each speaker being limited to 3 minutes. Testimony was almost equally split among speakers supporting S 164 and those who oppose it. Among other requests, the SC Hospital Association asked the Committee to limit CON exemption to ASCs with no more than 2 ORs and to remove the non-compete language completely. Many hospital administrators testified that revenue from ASC eligible procedures performed on privately insured patients is needed to offset the emergency care they are required to offer to uninsured patients who cannot afford to pay for services.
Upstate SCOA Member Dr. Marc Tanner and Managing Director AnnMargaret McCraw offered comments on behalf of SCOA. Dr. Tanner shared his personal experience with delayed access to upstate ORs and the impact of HOPD cost as compared to ASC for his patients. AnnMargaret shared specific examples of site of service cost differences for Medicare and privately insured patients undergoing a rotator cuff repair. She noted that the increase in high-deductible health plans means many insured patients are not able to cover their out-of-pocket medical expenses so having access to lower cost surgical settings is critically important to them.
Additionally, she reviewed the benefits non-profit hospitals receive precisely because they provide charity care: exemption from federal, state and local property taxes; receipt of federal disproportionate share payments to offset uncompensated care; ability to receive tax-deductible contributions and issue tax-exempt bonds, which lowers their cost of borrowing. None of those benefits are available to ASCs.
Next Steps
The 3M Medical Sub-Committee will meet to discuss S 164 in light of testimony received. At this point, the sub-committee may endorse the Bill as passed by the Senate, recommend amendments to the Bill, or decline to recommend the Bill to the full 3M Committee. The full 3M Committee will undergo a similar process to determine what amendments, if any, will be added to the Bill before it is passed to the full House for debate. The Speaker of the House will determine what priority the Bill is given on the House calendar.
SCOA leadership is convening in Columbia on March 1 and will spend time meeting with legislators to reiterate our support for S 164. We are also monitoring the progress of Scope of Practice bills for physical therapists and advanced practice nurses.
To access a recording of the 3M Committee hearing on CON, click Video Archives on this page.
CON Update: SC Senate Takes Decisive Action! SC House Up Next
Senate leadership made good on their commitment to prioritize CON reform or repeal early in the 2023 session. Legislation by Wes Climer of Rock Hill that supporters consider CON repeal is headed to the House after a decisive 30-6 vote on Thursday. Under the amended version of the legislation, the certificate of need program for hospitals would be repealed and only ambulatory surgery centers seeking to have more than eight operating rooms would need a CON from DHEC in order to move forward. The amended language around ASC ORs is intended to position the Senate for a conference committee negotiation with the House where full repeal is less likely.
Non-Compete Contracts with Hospitals Prohibited:
Late in the debate on Thursday afternoon Senators adopted an amendment that prohibits hospitals from negotiating non-compete employment agreements with doctors. This came after a lengthy debate and after an earlier amendment that would have applied to all health care was ruled out of order. The adopted language is below. This was not included in the version that passed the Senate in 2022 so this is a very positive development.
What’s Next:
We anticipate that S 164 will be referred to the House Medical Affairs Committee. We will let you know when the Committee will hold hearings and how you can support passage in the House. The Senate actions last week are encouraging and there is a real momentum to finally address CON, this issue still has a long way to go.
Additional Information:
Video
Listen to Senators Davis and Climer discuss the non-compete amendment to S. 164 on the Senate floor:
https://www.dropbox.com/s/fmsk6nraypcxcl2/Non-CompeteFloorDebate2-6-23.mp4?dl=0
SCOA Co-Hosts Fundraiser for Senator Danny Verdin
The SCOA co-hosted a fundraiser for Senator Danny Verdin on February 6, 2023, in Greenville, South Carolina. Senator Verdin is the Chairman of the Senate Medical Affairs Committee.
Non-Compete Contracts with Hospitals Prohibited:
Late in the debate on Thursday afternoon Senators adopted an amendment that prohibits hospitals from negotiating non-compete employment agreements with doctors. This came after a lengthy debate and after an earlier amendment that would have applied to all health care was ruled out of order. The adopted language is below. This was not included in the version that passed the Senate in 2022 so this is a very positive development.
What’s Next:
We anticipate that S 164 will be referred to the House Medical Affairs Committee. We will let you know when the Committee will hold hearings and how you can support passage in the House. The Senate actions last week are encouraging and there is a real momentum to finally address CON, this issue still has a long way to go.
Additional Information:
Video
Listen to Senators Davis and Climer discuss the non-compete amendment to S. 164 on the Senate floor:
https://www.dropbox.com/s/fmsk6nraypcxcl2/Non-CompeteFloorDebate2-6-23.mp4?dl=0
SCOA Co-Hosts Fundraiser for Senator Danny Verdin
The SCOA co-hosted a fundraiser for Senator Danny Verdin on February 6, 2023, in Greenville, South Carolina. Senator Verdin is the Chairman of the Senate Medical Affairs Committee.
January 2023
The first regular session of the 125th SC General Assembly convened on January 10, 2023
Certificate of Need
Senate Bill 164 to repeal Certificate Of Need in South Carolina was introduced by Senator Climer that same day. Because this bill is identical to the one passed by the Senate last year, it bypassed the subcommittee process, and therefore, additional testimony. The full Senate Medical Affairs Committee passed S. 164 out of Committee with a favorable report on January 12, 2023.
We expect S. 164 to be debated on the Senate floor this week. Given the overwhelming majority that passed the bill last year, we expect the same result this time. If passed by the Senate, S.164 will be sent to the House. SCOA is working closely with SCMA to pass legislation this year.
Athletic Trainers
Senate Bill 397 to transfer regulatory authority of athletic trainers to the Board of Medical Examiners from SC DHEC was introduced by Senator Shealy on January 17, 2023. The Bill has been referred to the Committee on Medical Affairs. It was scheduled for a subcommittee hearing last week, but the committee meeting was cancelled. SCOA leadership worked with the SC Athletic Trainers Association to reach consensus on the definition of Athletic Trainer included in this bill. SCOA supports licensure of Athletic Trainers by the SC Board of Medical Examiners as opposed to certification by SC DHEC.
Physical Therapy
House Bill 3687 to eliminate the thirty-day limit on providing physical therapy absent health care provider referral was introduced on January 12, 2023 by Representative Lowe. The bill has been referred to the Committee on Labor, Commerce and Industry, not the 3M Committee. We will be monitoring the LCI subcommittee calendar for a hearing on H. 3687. This bill is identical to the one filed by Representative Lowe in 2019.
Senate Bill 164 to repeal Certificate Of Need in South Carolina was introduced by Senator Climer that same day. Because this bill is identical to the one passed by the Senate last year, it bypassed the subcommittee process, and therefore, additional testimony. The full Senate Medical Affairs Committee passed S. 164 out of Committee with a favorable report on January 12, 2023.
We expect S. 164 to be debated on the Senate floor this week. Given the overwhelming majority that passed the bill last year, we expect the same result this time. If passed by the Senate, S.164 will be sent to the House. SCOA is working closely with SCMA to pass legislation this year.
Athletic Trainers
Senate Bill 397 to transfer regulatory authority of athletic trainers to the Board of Medical Examiners from SC DHEC was introduced by Senator Shealy on January 17, 2023. The Bill has been referred to the Committee on Medical Affairs. It was scheduled for a subcommittee hearing last week, but the committee meeting was cancelled. SCOA leadership worked with the SC Athletic Trainers Association to reach consensus on the definition of Athletic Trainer included in this bill. SCOA supports licensure of Athletic Trainers by the SC Board of Medical Examiners as opposed to certification by SC DHEC.
Physical Therapy
House Bill 3687 to eliminate the thirty-day limit on providing physical therapy absent health care provider referral was introduced on January 12, 2023 by Representative Lowe. The bill has been referred to the Committee on Labor, Commerce and Industry, not the 3M Committee. We will be monitoring the LCI subcommittee calendar for a hearing on H. 3687. This bill is identical to the one filed by Representative Lowe in 2019.
December 2022
2023-2024 House of Representatives
Medical, Military and Municipal Affairs Committee
Medical, Military and Municipal Affairs Committee
Chairman Sylleste Davis (R, Berkeley, House District 100)
Elected 2016, previously served on Judiciary Committee and Rules Committee
Vice Chairman Bobby Cox (R, Greenville, House District)
Elected 2020, previously served on Labor, Commerce and Industry Committee
Thomas Beach (R, Anderson, House District 10)
Defeated West Cox in June Primary
BIO per his website: Beach is a former airborne infantryman. He is a realtor and lives in Piedmont with his wife and three children. KEY ISSUES: protect against CRT and sexual propaganda in schools; protect Right to life and 2nd Amendment; cut taxes
Joe Bustos (R, Charleston, House District 112)
Elected 2022, previously a member of 3M
Brandon Cox (R, Berkeley, House District 92)
Fills seat left open by Joe Daning
BIO per his website: CEO at Threat Management Group, former member of Berkeley County Council, former US Air Force, former City Council of Goose Creek, married to Hannah
KEY ISSUES: veterans and military issues
Wendell Gilliard (D, Charleston, House District 111)
Elected 2009, previously a member of 3M.
Rob Harris (R – Spartanburg, House District 36)
Defeated Rita Allison in the June Primary
BIO per his website: married to Janice Harris; father to 6 children; registered nurse
KEY ISSUES: Personhood, Medical Freedom, Constitutional Carry, Election Integrity, School Choice, Road Repair, Tax cuts using budget surplus, Sales Tax vs. Income Tax
Chris Hart (D, Richland, House District 73)
Elected 2007, previously a member of 3M.
Wendell Jones (D – Greenville House District 25)
Fills open seat left by Leola Robinson
BIO per his website: father to 3; Founder and Sr. Pastor at Changing Your Mind Ministries; Founder of Wendell Jones Leadership Institute which trains and mentors African-American business owners; former owner of Nationwide Insurance Services; former VP of Wachovia Bank (now Wells Fargo)
KEY ISSUES: Protecting voting rights, affordable housing, criminal justice reform, livable wage/minimum wage
Brian Lawson (R – Cherokee/Spartanburg, House District 30)
Fills open seat left by Steve Moss
BIO per his website: Director of Operations at American TransMed, Inc.; former Reserve Police Officer; National Registered Paramedic; former President of Ambulance Provider’s Association; lifelong resident of Spartanburg; married to Karen Lawson; father to 2 children
KEY ISSUES: Support for first responders; veterans; improve roads; education
JA Moore (D, Berkeley & Charleston, House District 15)
Elected 2020, previously served on Agriculture, Natural Resources, and Environmental Affairs Committee
David O’Neal (R-York, House District 66)
Fills new seat drawn during redistricting
BIO per his website: retired from US Army after 20 years of service; served as Tega Cay City Council Mayor and Mayor pro temp for 6 years; served as district director for Congressman Ralph Norman; married to Linda O’Neal; father to 2 children
KEY ISSUES: roads, schools, public safety
Jordan Pace (R-Berkeley, House District 117)
Defeated Krystle Matthews in the General Election
BIO per his website: realtor and teacher; married to Mary Pace; they have 1 child
KEY ISSUES: limited government
Fawn Pedalino (R-Sumter/Clarendon, House District 64)
Defeated Kimberly Johnson in the General Election
BIO per her website: lifelong resident of SC; owns IT business in Manning with her husband; 2 children
KEY ISSUES: parental rights; education; pro-life; voter integrity
Marvin Pendarvis (D, Charleston, House District 113)
Elected 2017, previously served on Agriculture, Natural Resources, and Environmental Affairs Committee and Legislative Oversight Committee
Heath Sessions (R-York, House District 46)
Fills seat left by Gary Simrill’s retirement
BIO per his website: businessman; Vice President of a local land clearing contractor; married with three children
KEY ISSUES: Public Safety, Education, Infrastructure
Mark Smith (R, Berkeley, House District 99)
Elected 2022, previously served on Education and Public Works Committee and Regulations and Administrative Procedures Committee
Joe White (R-Newberry, House District 40)
Defeated Rick Martin in the June Primary
BIO per his website: veteran; small business owner; married to Linda White; father to 2 children
KEY ISSUES: support law enforcement; protect 2nd Amendment; parental rights in classrooms; 100% pro-life; term limits, election integrity
Elected 2016, previously served on Judiciary Committee and Rules Committee
Vice Chairman Bobby Cox (R, Greenville, House District)
Elected 2020, previously served on Labor, Commerce and Industry Committee
Thomas Beach (R, Anderson, House District 10)
Defeated West Cox in June Primary
BIO per his website: Beach is a former airborne infantryman. He is a realtor and lives in Piedmont with his wife and three children. KEY ISSUES: protect against CRT and sexual propaganda in schools; protect Right to life and 2nd Amendment; cut taxes
Joe Bustos (R, Charleston, House District 112)
Elected 2022, previously a member of 3M
Brandon Cox (R, Berkeley, House District 92)
Fills seat left open by Joe Daning
BIO per his website: CEO at Threat Management Group, former member of Berkeley County Council, former US Air Force, former City Council of Goose Creek, married to Hannah
KEY ISSUES: veterans and military issues
Wendell Gilliard (D, Charleston, House District 111)
Elected 2009, previously a member of 3M.
Rob Harris (R – Spartanburg, House District 36)
Defeated Rita Allison in the June Primary
BIO per his website: married to Janice Harris; father to 6 children; registered nurse
KEY ISSUES: Personhood, Medical Freedom, Constitutional Carry, Election Integrity, School Choice, Road Repair, Tax cuts using budget surplus, Sales Tax vs. Income Tax
Chris Hart (D, Richland, House District 73)
Elected 2007, previously a member of 3M.
Wendell Jones (D – Greenville House District 25)
Fills open seat left by Leola Robinson
BIO per his website: father to 3; Founder and Sr. Pastor at Changing Your Mind Ministries; Founder of Wendell Jones Leadership Institute which trains and mentors African-American business owners; former owner of Nationwide Insurance Services; former VP of Wachovia Bank (now Wells Fargo)
KEY ISSUES: Protecting voting rights, affordable housing, criminal justice reform, livable wage/minimum wage
Brian Lawson (R – Cherokee/Spartanburg, House District 30)
Fills open seat left by Steve Moss
BIO per his website: Director of Operations at American TransMed, Inc.; former Reserve Police Officer; National Registered Paramedic; former President of Ambulance Provider’s Association; lifelong resident of Spartanburg; married to Karen Lawson; father to 2 children
KEY ISSUES: Support for first responders; veterans; improve roads; education
JA Moore (D, Berkeley & Charleston, House District 15)
Elected 2020, previously served on Agriculture, Natural Resources, and Environmental Affairs Committee
David O’Neal (R-York, House District 66)
Fills new seat drawn during redistricting
BIO per his website: retired from US Army after 20 years of service; served as Tega Cay City Council Mayor and Mayor pro temp for 6 years; served as district director for Congressman Ralph Norman; married to Linda O’Neal; father to 2 children
KEY ISSUES: roads, schools, public safety
Jordan Pace (R-Berkeley, House District 117)
Defeated Krystle Matthews in the General Election
BIO per his website: realtor and teacher; married to Mary Pace; they have 1 child
KEY ISSUES: limited government
Fawn Pedalino (R-Sumter/Clarendon, House District 64)
Defeated Kimberly Johnson in the General Election
BIO per her website: lifelong resident of SC; owns IT business in Manning with her husband; 2 children
KEY ISSUES: parental rights; education; pro-life; voter integrity
Marvin Pendarvis (D, Charleston, House District 113)
Elected 2017, previously served on Agriculture, Natural Resources, and Environmental Affairs Committee and Legislative Oversight Committee
Heath Sessions (R-York, House District 46)
Fills seat left by Gary Simrill’s retirement
BIO per his website: businessman; Vice President of a local land clearing contractor; married with three children
KEY ISSUES: Public Safety, Education, Infrastructure
Mark Smith (R, Berkeley, House District 99)
Elected 2022, previously served on Education and Public Works Committee and Regulations and Administrative Procedures Committee
Joe White (R-Newberry, House District 40)
Defeated Rick Martin in the June Primary
BIO per his website: veteran; small business owner; married to Linda White; father to 2 children
KEY ISSUES: support law enforcement; protect 2nd Amendment; parental rights in classrooms; 100% pro-life; term limits, election integrity