South Carolina Administrative Code

123-30. Repealed. HISTORY: Former Regulation, titled Penalties, repealed by SCSR 45-5 Doc. No. 5016, eff May 28, 2021.

123-31. Repealed. HISTORY: Former Regulation, titled Dumping of Trash Fish, repealed by SCSR 45-5 Doc. No. 5016, eff May 28, 2021.

123-32. Repealed. HISTORY: Former Regulation, titled Affixing Tax Tags to Shad, repealed by SCSR 45-5 Doc. No. 5016, eff May 28, 2021.

123-33. Taking American Eels and Catfish in Certain Waters. 1. This rule and regulation regulates the taking of American eels (onguilla rostrata) in the following waters of this State: In the Cooper River and its tributaries from the Seaboard Coastline Railroad Bridge located thr…

123-34. Shellfish Permits. A. Qualifications and requirements for shellfish permit applicants: (1) The applicant for a commercial shellfish permit must have a wholesale seafood dealer’s license and shellfish house or processing facility certified by the S. C. Department of Health…

123-36. Duration of Commercial Shellfish Culture and Mariculture Permits. (Statutory Authority: 1976 Code §§ 50-5-30 and 50-5-900) For purposes of five year shellfish culture and mariculture permits issued pursuant to S.C. Code Section 50-5-900, the first year of the five year pe…

123-4. U.S. Army Corps of Engineers Aids to Navigation and Regulatory Markers. All aids to navigation and regulatory markers erected by the U.S. Army Corps of Engineers pursuant to Federal Law are hereby declared to be SCDNR aids to navigation and regulatory markers pursuant to S…

123-40. Wildlife Management Area Regulations. 1.1 The regulations governing hunting including prescribed schedules and seasons, methods of hunting and taking wildlife, and bag limits for Wildlife Management Areas and special restrictions for use of WMA lands are as follows: A. Ga…

123-47. Deleted by State Register Volume 38, Issue No. 6, Doc. No. 4443, eff June 27, 2014. Editor’s Note Former R. 123-42.1 was titled Designation of Certain Areas and Times of the Year for Wild Turkey Hunting . This regulation was deleted by Document No. 4411, approved May 14, …

123-5. Repealed. HISTORY: Former Regulation, titled Renewal of Certificates of Numbers, repealed by SCSR 45-5 Doc. No. 5021, eff May 28, 2021.

123-50. Crow Hunting Season. The following rules and regulations shall hereby be provided for the hunting of crows in this State. 1. Crows shall not be hunted from aircraft. 2. The hunting season in this State shall extend from Nov. 1 until Mar. 1 of each year. 3. The penalty for…

123-51. Turkey Hunting Rules and Seasons. 1. Total limit of 2 turkeys statewide per person, 1 per day, gobblers (male turkeys) only. A hunter may take no more than one turkey prior to April 10. Total statewide limit includes turkeys harvested on Wildlife Management Areas (WMAs). …

123-55. Regulations for the use of fertility control or other chemical substances in wildlife (50-11-96). A permit is not required by a licensed pesticide applicator using registered pesticides for the control of English sparrows, feral pigeons, and European starlings. HISTORY: A…

123-56. Deer Processors and Donated Deer Processing Recovery Fee. 1. A donated deer is defined as a legally taken female (doe) deer that is knowingly, intentionally, and unconditionally given or transferred to a permitted processor. It also includes any processed deer that has no…

123-57. Electronic Harvest Reporting for Big Game. - SC Game Check. 1. SC Game Check is available as part of a free mobile device application called ‘‘GoOutDoorsSC’’, there is a web-based portal hosted on the department web site, and a toll-free telephone number for reporting by …

123-6. How Vessel to be Numbered. 1. No person may use a vessel unless it has a number issued on a certificate of number and the number displayed must: (1) Be painted on or permanently attached to each side of the forward half of the vessel except as allowed by paragraph 2 or req…

123-60. Homemade Watercraft. A. To title and register a homemade watercraft, the vessel must first meet the definition of a watercraft and must have an operator’s position from which the operator is afforded unobstructed forward visibility to each side of center line for at least…

123-9. Display of Decals Bearing Title Number. 1. When an outboard motor is titled pursuant to Title 50, Chapter 23 of the 1976 Code, a decal issued by SCDNR bearing the title number of the outboard motor shall be affixed to the starboard side of the motor cowling. 2. When an unr…

123-96. Field Trial Regulations. (Statutory Authority: 1976 Code Section 50-11-2100) 1. It shall be unlawful for any person to conduct or participate in any field trial unless a permit for such trial has been obtained from the Department. 2. No wildlife may be taken during a fiel…

126-125. General. The State Health and Human Services Finance Commission shall administer its programs in accordance with Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and the Age Discrimination Act of 1975, as amended, to the end that n…

126-150. Definitions. A. Agency—The Department of Health and Human Services and its employees. B. Appeal—The formal process of review and adjudication of Agency determinations, which shall be afforded to any person possessing a right to appeal pursuant to statutory, regulatory an…

126-152. Appeal Procedure. A. An appeal shall be initiated by the filing of a notice of appeal within thirty (30) days of written notice of the Agency action or decision which forms the basis of the appeal. The failure to file the requisite notice of appeal within the thirty (30)…

126-154. Hearing Officer. A Hearing Officer has the authority, among other things to: direct all procedures; issue interlocu- tory orders; schedule hearings and conferences; preside at formal proceedings; rule on procedural and evidentiary issues; require the submission of briefs…

126-170. General. A. Disclosure of Commission held client information is limited to purposes directly connected to the administration of the Commission’s programs and grants. B. This Subarticle applies to Commission held client information from all programs and grants administere…

126-171. Protected Information. Protected information is of two (2) general types which include but are not limited to the following: A. Information regarding the financial eligibility determination and authorization of payment or benefits: 1. Names and addresses; 2. Social and e…

126-172. Purposes Directly Connected to the Administration of the Programs and Grants. Purposes directly connected to the administration of programs and grants include, but are not limited to: A. Establishing eligibility; B. Determining the amount of payments or other benefits; C…

126-173. Release of Information. A. Access to eligibility information is restricted to persons, agencies, and entities which by their own rules or by contract are subject to confidentiality standards which are comparable to those set forth in this Subarticle. In addition, the inf…

126-174. Distribution of Materials to Recipients and Providers. A. The agency may not distribute any materials to recipients or providers unless the material has no political implications, provides no commercial advantage to any entity, and is directly related to the administrati…

126-175. Penalties. A. The Commission may impose sanctions for violations of the provisions of this Subarticle through its progressive disciplinary procedures for Commission personnel. B. The intent is that violations of this Subarticle may also be subject to penalty provisions i…

126-300. General. A. Clients eligible for Medicaid may obtain medically necessary services from providers enrolled in the program. B. Medicaid recipients who are residents of South Carolina and referred for medical services outside ‘‘South Carolina Medicaid Services Area’’ must r…

126-302. Audiology Services. Audiology services are hearing evaluations and hearing aids for recipients through the month they turn twenty-one years of age. 126-303. Certified Nurse Midwifery Services. Midwifery services are covered when furnished by a certified nurse midwife (CN…

126-308. End Stage Renal Disease Services. End stage renal disease services are available in or out of a hospital or clinic. 126-309. Family Planning Services. Family planning services are furnished for purposes of enabling such individuals to freely determine the number and spac…

126-318. Psychiatric Facility Services. Inpatient psychiatric facility services are available for individuals younger than twenty-two years of age and sixty-five years of age and older. 126-319. Rehabilitative Services. Rehabilitative services are limited to outpatient mental hea…

126-350. Definitions. A. Medicaid is the common name for Title XIX of the Social Security Act. B. Medicare is the common name for Title XVIII of the Social Security Act. C. Supplemental Security Income (SSI) is the common name for Title XVI of the Social Security Act. It is admin…

126-355. Application Procedures. A. Any individual or family who is determined eligible for financial assistance under the Aid to Families with Dependent Children, Optional State Supplementation, Refugee Assistance, or Supple- mental Security Income programs is eligible for Medic…

126-370. Redetermination of Categorically Needy Eligibility. Eligibility for continued benefits shall be redetermined at least every 12 months. 126-375. Medical Institution Vendor Payments A. Vendor payments are made on behalf of eligible individuals to medical institutions in ac…

126-400. Definitions. A. Provider - means an individual, firm, corporation, association or institution which is providing, or has been approved to provide, medical assistance to a beneficiary pursuant to the State Medical Assistance Plan and in accord with Title XIX of the Social…

126-401. Sanctions. A. The Administrator of the Title XIX Single State Agency may invoke one (1) or more of the following administrative sanctions against a Medicaid provider who has been determined to have abused the Medicaid Program: (1) Educational Intervention; (2) Postpaymen…

126-402. Factors for Sanction. The factors to be considered in determining sanctions shall include, but not be limited to, the following: A. Seriousness of the offense(s); B. Extent of violation(s); C. History of prior violation(s); D. Prior imposition of sanction(s); E. Provider…

126-403. Grounds for Sanction. The grounds for sanctioning providers shall include, but not be limited to, the following: A. Presenting or causing to be presented for payment any false or fraudulent claim for services or merchandise. B. Submitting or causing to be submitted false…

126-404. Fair Hearings. A. Any Medicaid provider who has been notified in writing by the Single State Agency of a proposed recoupment of overpayments, a proposed exclusion, suspension or termination due to an administrative determination of abuse, or a proposed exclusion, suspens…

126-405. Reinstatement. An individual or entity who has been excluded from Medicaid may be reinstated only by the Medicaid agency that imposed the exclusion. An individual or entity may submit to the State agency a request for reinstatement at any time after the date specified in…

126-425. Beneficiary Utilization. A. Definitions. (1) The Division of Program Integrity of the South Carolina Department of Health and Human Services (DHHS) is designed to safeguard against unnecessary, harmful, wasteful, and uncoordinated utilization of services by Medicaid elig…

126-500. Definitions. A. ‘‘Department’’ means the South Carolina Department of Health and Human Services. B. ‘‘County resident’’ means an individual who is a state resident and who lives in a particular county. For the purpose of determining eligibility for the MIAP, an individua…

126-505. Responsibilities for Eligibility Determination. A. The Department shall develop uniform criteria and materials for statewide use. A detailed description of the criteria, procedures, and materials which include an application form and letter of notification may be found i…

126-510. Application Process. When it is determined that an individual needs hospitalization and that he may qualify for assistance through the MIAP, the procedures stated below shall be followed. A. For nonemergency admissions, the patient shall be referred to the designee in th…

126-515. Non-Financial Eligibility Requirements. In order to be eligible for assistance from the MIAP, an individual must meet the following non- financial eligibility criteria. A. Residence. The individual shall be a resident of the State. A migrant or seasonal farm worker shall…

126-530. Services Covered by the Medically Indigent Assistance Program. A. Except as otherwise provided in this section, only inpatient hospital services which are covered by the South Carolina Medicaid Program as inpatient hospital services shall be covered by the MIAP. B. Psych…

126-560. The Department shall use a prospective payment system which considers diagnostic related groupings and per diem costs to reimburse hospitals for inpatient services provided to Medically Indigent beneficiaries. A. The method for processing and payment of claims shall be a…

126-570. Grace Period. County Assessments shall be paid in accordance with the provisions of 44-6-146(C) of the 1976 Code, as amended. The grace period referred to in this section shall be ten (10) working days from the date the assessment was originally due. The assessment must …