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The Impact of CON Repeal, DHEC Changes, and Ongoing Considerations

South Carolina ASCs Have a Number of Changing Regulatory Requirements Pending – Stakeholders Should Take Notice - In May of 2023, the South Carolina General Assembly unanimously passed S. 164 and the Governor signed the...more

H. 3605 Results in New Programs and Procedures for the SC Department of Labor, Licensing and Regulation

The 2023 legislative session has seen the passage of several bills that garnered a great deal of attention in the media, but the SC General Assembly passed a number of other noteworthy pieces of legislation that were not as...more

Taking the Pulse, A Health Care and Life Sciences Video Podcast | Episode 147: Jennifer Hollingsworth and Ralph Barbier, Maynard... [Video]

Hosts Matthew and Tina welcome their colleagues, Maynard Nexsen health care attorneys Jennifer Hollingsworth and Ralph Barbier, for a deep dive into the changing regulatory framework shaping the public and private sectors of...more

Changes Are Coming To South Carolina’s Con Program: Proposed Amendments to DHEC Regulation 61-15

In some ways not surprising given the amount of attention South Carolina’s Certificate of Need (“CON”) laws received during the last session of the General Assembly, but at the same time long overdue—the state agency...more

What Happened to Healthcare Regulatory Reform in South Carolina?

As of the end of the legislative session last month, the strong effort to repeal the Certificate of Need Program—CON is the regulatory program by which providers of important healthcare services must first submit an...more

Taking the Pulse, A Health Care and Life Sciences Podcast | Episode 98: Jennifer Hollingsworth and Ralph Barbier, Nexsen Pruet [Audio]

On Episode 98 of Taking the Pulse, Nexsen Pruet attorneys Ralph Barbier and Jennifer Hollingsworth dive in to the history and the tentative future of Certificate of Need programs across the nation and in South Carolina....more

Will South Carolina Hospitals Expand the Use of Economic Credentialing if the Certificate of Need Program is Repealed?

The current version of South Carolina Senate Bill S. 290 that repeals the South Carolina Certificate of Need (CON) program, except for nursing homes, is now pending in the House Ways and Means Committee. If CON repeal...more

The South Carolina Supreme Court Issues an Important Decision on the Viability of Legal Claims by Former Employee for Termination...

On December 1, 2021, the South Carolina Supreme Court answered three certified questions from the United States District Court for the District of South Carolina that provide clarification on the legal rights stemming from...more

"The Future of DHEC Still Pending at the General Assembly?"

As the Charleston Post and Courier reported on September 11 in an in-depth article by Avery Wilks, employees at the South Carolina Department of Health and Environmental Control (DHEC) have been and continue to be under...more

Divide in Order to Conquer? Major Changes Proposed to the Department of Health and Environmental Control

No stranger to scrutiny, the State’s largest administrative agency was the subject of legislation in both chambers with support from both parties that proposed massive changes to the South Carolina Department of Health and...more

Latest Developments in Health Care Consolidation

Perhaps the most significant court decision in 2020 directly impacting the South Carolina hospital industry was issued in late 2020, when Judge Ralph King Anderson III of the South Carolina Administrative Law Court denied...more

The Modernized South Carolina Hospital "Peer Review" Law: Mission Accomplished?

It was a rare sight appearing before the South Carolina General Assembly during the 2012 legislative session. The South Carolina Hospital Association, the South Carolina Association for Justice (Trial Lawyers), and the South...more

Emergency Health Powers Act (S.C. Code Ann. §§ 44-4-100–44-4-570) (Regulatory Implementation: S.C. Code Ann. Regs. 61-112)

On March 13, 2020, in accordance with Sections 1-3-420 and 25-1-440 of the South Carolina Code of Laws, as amended, Governor Henry McMaster declared a state of emergency due to the public health emergency caused by the 2019...more

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