Charleston Senior AdvisorWhat rights do residents of South Carolina facilities have?
The Bill of Rights for Residents of Long Term Care Facilities (S.C. Code 44-81-10 and following) protects dignity, privacy, control of personal funds, visitors, participation in care planning and the right to complain without retaliation.
Every CRCF must give residents a copy and train staff on it.
Where do we complain about a Charleston-area facility?
To DPH Healthcare Quality, through its online complaint portal or at 1-800-922-6735; DPH investigates licensed CRCFs, nursing homes, hospices, home health agencies and adult day centers.
Give dates, times, names and what happened, and keep a copy of what you submit.
Who handles abuse in a facility in Berkeley, Charleston or Dorchester County?
The Long Term Care Ombudsman Program at the Trident Area Agency on Aging (843-554-2275), under South Carolina's Omnibus Adult Protection Act; call 911 first if anyone is in immediate danger.
SLED's Vulnerable Adults Investigations Unit handles state-operated facilities.
Who handles abuse or neglect of a senior living at home?
DSS Adult Protective Services at 1-888-227-3487 (1-888-CARE4US), which also investigates self-neglect and financial exploitation.
A report does not require proof; describe what you observed.
Can a CRCF raise fees without notice?
No. The admission agreement must give at least 30 days' advance notice of any fee change (Regulation 60-84, Section 901.A).
The ombudsman can help if a fee increase arrives without proper notice.
Can an assisted living facility discharge a resident?
Yes, when the resident's needs exceed what the facility may provide under Regulation 60-84, but it must arrange a transfer within 30 days to a setting that can meet those needs and coordinate with the resident and family.
Ask the ombudsman for help if a discharge seems unjustified or rushed.
Can a facility use restraints?
Only in an extreme emergency on a physician's order when a resident is a danger to self or others; restraints for convenience, discipline or routine care are prohibited, and a resident needing restraint beyond 24 hours must be transferred (Section 905).
Ask how the building uses non-drug approaches before medication.
Who controls a resident's money in a South Carolina CRCF?
The resident, whenever possible; a facility may hold personal funds only at the resident's written request, must keep receipts and an accurate account, must give a quarterly statement, and may not hand the money to anyone, family included, without written consent (Regulation 60-84, Section 902).
If a resident can no longer manage money, the administrator contacts family or the county probate court about a guardian or conservator, and neither the licensee nor the administrator may be appointed. The licensee may act as representative payee for benefits such as Social Security, which is common for OSS residents.
