60-15

S.C. Code Ann. Regs. 60-15

Certification of Need for Health Facilities and Services.

Effective May 23, 2025SCSR 49-5 Doc. No. 5352S.C. Code Sections 44-7-110 through 44-7-340Department Of Public Health

Executive Order No. 2020-11 (SCSR 44-4 EO 2020-11), effective March 19, 2020, relating to additional emergency measures and regulatory relief regarding COVID-19, authorized the South Carolina Department of Health and Environmental Control (DHEC) to suspend, for the duration of the present emergency, any necessary and applicable provisions of Regulations 61-15 and 61-16, which restrict the use of unlicensed beds or space, the conversion of single and double occupancy patient rooms to account for higher patient capacity, or the establishment of wards, dormitories, or other spaces not designated as patient rooms.

Executive Order No. 2020-50 (SCSR 44-8 EO 2020-50), effective August 2, 2020, extended by Executive Order No. 2020-53 (SCSR 44-8 EO 2020-53), effective August 10, 2020, Executive Order No. 2020-56 (SCSR 44-9 EO 2020-56), effective August 25, 2020, Executive Order No. 2020-59 (SCSR 44-9 EO 2020-59), effective September 9, 2020, and Executive Order No. 2020-62 (SCSR 44-10 EO 2020-62), effective September 24, 2020, relating to additional emergency measures and regulatory relief regarding COVID-19, authorized the South Carolina Department of Health and Environmental Control (DHEC) to suspend, for the duration of the present emergency, any necessary and applicable provisions of Regulations 61-15 and 61-16, which restrict the use of unlicensed beds or space, the conversion of single and double occupancy patient rooms to account for higher patient capacity, or the establishment of wards, dormitories, or other spaces not designated as patient rooms.

Executive Order No. 2020-63 (SCSR 44-10 EO 2020-63), effective October 2, 2020, extended by Executive Order No. 2020-65 (SCSR 44-10 EO 2020-65), effective October 9, 2020, Executive Order No. 2020-67 (SCSR 44-11 EO 2020-67), effective October 24, 2020, Executive Order No. 2020-70 (SCSR 44-11 EO 2020-70), effective November 8, 2020, and Executive Order No. 2020-72 (SCSR 44-12 EO 2020-72), effective November 23, 2020, relating to additional emergency measures and regulatory relief regarding COVID-19, authorized the South Carolina Department of Health and Environmental Control (DHEC) to suspend, for the duration of the present emergency, any necessary and applicable provisions of Regulations 61-15 and 61-16, which restrict the use of unlicensed beds or space, the conversion of single and double occupancy patient rooms to account for higher patient capacity, or the establishment of wards, dormitories, or other spaces not designated as patient rooms.

Executive Order No. 2020-73 (SCSR 44-12 EO 2020-73), effective November 25, 2020, extended by Executive Order No. 2020-75 (SCSR 44-12 EO 2020-75), effective December 8, 2020, Executive Order 2020-77 (SCSR 45-1 EO 2020-77), effective December 20, 2020, Executive Order 2021-03 (SCSR 45-1 EO 2021-03), effective January 7, 2021, Executive Order 2021-07 (SCSR 45-2 EO 2021-07), effective January 22, 2021, Executive Order 2021-08 (SCSR 45-2 EO 2021-08), effective February 6, 2021, and Executive Order 2021-10 (SCSR 45-3 EO 2021-10), effective February 21, 2021, relating to modifying amending emergency measures and regulatory relief regarding COVID-19, authorized the South Carolina Department of Health and Environmental Control (DHEC) to suspend, for the duration of the present emergency, any necessary and applicable provisions of Regulations 61-15 and 61-16, which restrict the use of unlicensed beds or space, the conversion of single and double occupancy patient rooms to account for higher patient capacity, or the establishment of wards, dormitories, or other spaces not designated as patient rooms.

Executive Order 2021-11 (SCSR 45-3 EO 2021-11), effective March 1, 2021, relating to modifying amending emergency measures and regulatory relief regarding COVID-19, authorized the South Carolina Department of Health and Environmental Control (DHEC) to suspend, for the duration of the present emergency, any necessary and applicable provisions of Regulations 61-15 and 61-16, which restrict the use of unlicensed beds or space, the conversion of single and double occupancy patient rooms to account for higher patient capacity, or the establishment of wards, dormitories, or other spaces not designated as patient rooms.

Executive Order 2021-12 (SCSR 45-3 EO 2021-12), effective March 5, 2021, extended by Executive Order No. 2021-13 (SCSR 45-3 EO 2021-13), effective March 8, 2021, Executive Order No. 2021-15 (SCSR 45-4 EO 2021-15), effective March 23, 2021, Executive Order No. 2021-18 (SCSR 45-4 EO 2021-18), effective April 7, 2021, Executive Order No. 2021-20 (SCSR 45-5 EO 2021-20), effective April 22, 2021, and Executive Order No. 2021-22 (SCSR 45-5 EO 2021-22), effective May 7, 2021, relating to modifying amending emergency measures and regulatory relief regarding COVID-19, authorized the South Carolina Department of Health and Environmental Control (DHEC) to suspend, for the duration of the present emergency, any necessary and applicable provisions of Regulations 61-15 and 61-16, which restrict the use of unlicensed beds or space, the conversion of single and double occupancy patient rooms to account for higher patient capacity, or the establishment of wards, dormitories, or other spaces not designated as patient rooms.

Executive Order 2021-23 (SCSR 45-5 EO 2021-23), effective May 11, 2021, extended by Executive Order 2021-25 (SCSR 45-6 EO 2021-25), effective May 22, 2021, relating to modifying amending emergency measures and regulatory relief regarding COVID-19, authorized the South Carolina Department of Health and Environmental Control (DHEC) to suspend, for the duration of the present emergency, any necessary and applicable provisions of Regulations 61-15 and 61-16, which restrict the use of unlicensed beds or space, the conversion of single and double occupancy patient rooms to account for higher patient capacity, or the establishment of wards, dormitories, or other spaces not designated as patient rooms.

Table of Contents
CHAPTER 1—DEFINITIONS AND APPLICABILITY
Section 101.Definitions
Section 102.Applicability
Section 103.Exemption Determinations
Section 104.Determinations of Non-Applicability
Section 105.South Carolina Health Plan
CHAPTER 2—APPLICATION PROCEDURES
Section 201.Public Notification
CHAPTER 3—DISPOSITION OF APPLICATION
Section 301.Submission of Application
Section 302.Additional Information
Section 303.Payment of Filing and Application Fees
Section 304.Relative Importance Criteria
Section 305.Review Time Frames
Section 306.Public Hearing
Section 307.Department Review
Section 308.Department Decision
Section 309.Certificate of Need Issuance Fee
Section 310.Project Changes During Review Period
Section 311.Validity of Certificate of Need Issued
Section 312.Contact with the Board
CHAPTER 4—APPEALS
Section 401.Notification of Decision
CHAPTER 5—GENERAL PROVISIONS
Section 501.Periodic Reports
Section 502.Review Under Applicable Plan
CHAPTER 6—VOIDANCE AND EXTENSION OF CERTIFICATES OF NEED
Section 601.Voidance and Extension Procedures
Section 602.Extension Request
Section 603.Criteria for Extension
Section 604.Nontransferability of Certificate of Need
Section 605.Project Changes After Receipt of Certificate of Need
Section 606.Total Project Cost
Section 607.Periodic Reporting of Certificate of Need Implementation
CHAPTER 7—PENALTIES FOR NON-COMPLIANCE
Section 701.Penalties
CHAPTER 8—PROJECT REVIEW CRITERIA
Section 801.Applicability and Weighting
Section 802.Criteria for Project Review

Statutory Authority

S.C. Code Sections 44-7-110 through 44-7-340

Editor's Note

The following constitutes the history for 60-15, 101 through 802.

HISTORY: Amended by State Register Volume 17, Issue No. 6, eff June 25, 1993; State Register Volume 27, Issue No. 6, Part 1, eff June 27, 2003. Transferred from 61-15 and amended by SCSR 49-5 Doc. No. 5352, eff May 23, 2025.

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