The South Carolina Code of Laws requires the Department of Health and Environmental Control (“Department”) to prepare a South Carolina Health Plan (“Plan”), with the advice of the Health Planning Committee, for use in the administration of the Certificate of Need Program. See § 44-7-180(B).
The Certificate of Need Program administers a regulatory regime known as the State Certification of Need and Health Facility Licensure Act (hereinafter referred to as the "Act") that is set forth in S.C. Code Sections 44-7-110 to 44-7-230. A link to these statutes appears below. The purpose of the Act is to promote cost containment, prevent unnecessary duplication of health care facilities and services, guide the establishment of health facilities and services which will best serve public need and ensure high quality services are provided in health facilities in this State. S.C. Code Section 44-7-120. The Act does not pertain to all types of health facilities and services, but specifies that a Certificate of Need ("CON") is required in certain instances set forth in S.C. Code Section 44-7-160. The types of services and facilities subject to the Act are further described in the State Health Plan, a link to which is provided below. To apply for a Certificate of Need, you should review the applicable sections of the Act along with Regulation 61-15 that sets forth the requirements of filing a CON application with the Department.
If you have a question as to whether the Act applies to an existing or proposed health facility or service, you may seek a determination from the Department by writing the CON Program at the addresses listed below. Department staff are not able to provide you with an applicability determination by the telephone, only respond to general questions about the Act and how it is administered by the CON Program.