ORDERS:
CONSENT AGREEMENT AND ORDER
FINDINGS OF FACT
1.Emeritus Corporation is the holder of a license to operate Skylyn Personal
Care Center (Facility) issued by the South Carolina Department of Health and
Environmental Control (Department) pursuant to S.C. Code Ann. § 44-7-110 et
seq. (2002). Skylyn Personal Care Center, a community residential care facility
located in Spartanburg, South Carolina, has a licensed capacity of 169 beds.
2.On April 27, 2004 representatives of DHEC’s Division of Health Licensing
conducted a follow-up inspection at Skylyn Personal Care Center. As a result of this
inspection, repeat violations of 25A S.C. Code Ann. Regs. 61-84, Standards for
Licensing Community Residential Care Facilities (Supp. 2003), were cited.
Thereafter, the Department notified Skylyn Personal Care Center by letter dated
July 9, 2004, that it was imposing a $20,300 monetary penalty for violations and
repeat violations of Regulation 61-84, Standards for Licensing Community
Residential Care Facilities (Supp. 2003). The letter advised that this determination
would become final thirty days from the date of this letter unless during such thirty-day period a written letter of appeal requesting a contested case hearing under S.C.
Code Ann. § 44-7-320(B) (2003) and Rules of Procedure for the Administrative Law
Court was submitted.
3. By undated letter received by the Department’s Clerk of the Board on August 6,
2004, the facility submitted a timely appeal.
4.Prior to proceeding to an administrative hearing, the parties met on September
30, 2004 to discuss the violations and the Department received additional information
submitted by the Facility. Subsequently, Skylyn Personal Care Center and the
Department were able to reach mutual agreement in order to resolve this matter.
THEREFORE, IT IS AGREED
5.The Licensee will initiate action to ensure that all violations are corrected and not
repeated.
6.The Licensee will withdraw its contested case pending before the Administrative
Law Court.
7.In consideration of the remedial action taken by the facility, the Department
agrees to suspend $10,150 of the $20,300 total monetary penalty assessed against
Skylyn Personal Care Center. Therefore, the facility agrees to submit payment of the
$10,150 monetary penalty to the Department. Payment of this $10,150 monetary
penalty is to be paid to the Department within thirty (30) days of execution of this
Consent Order. Payment is to be by check or money order made payable to the
South Carolina Department of Health and Environmental Control and shall be sent to
the following address:
Attention: Earl Bleakley
Division of Health Licensing
S.C. Department of Health and Environmental Control
2600 Bull Street
Columbia, S.C. 29201
8.It is understood by the Licensee that S.C. Code Ann.§ 44-7-320(D) (2002) states
that “Failure to pay a penalty within thirty days is grounds for suspension, revocation,
or denial of a renewal of a license. No license may be issued, reissued, or renewed
until all penalties finally assessed against a person or facility have been paid.”
9.The Department agrees to conduct a consultation at the facility within sixty (60)
days following execution of this Consent Order. This consultation will occur on a
mutually agreed upon date and time.
10.The Department in no way waives its authority to enforce, by imposing penalties
or otherwise, all statutory and regulatory requirements for the licensure of Skylyn
Personal Care Center.
11.It is further agreed that future violations or repeat violations of the regulations or
applicable licensing statutes may result in the imposition of penalties or revocation of
the license to operate Skylyn Personal Care Center, pursuant to S.C. Code Ann. § 44-7-320 (2002), and the facility administrator has been informed of these potential
actions.
12.This Agreement constitutes the entire agreement between the parties with respect
to the resolution and settlement of the matters set forth herein. The parties are not
relying upon any representations, promises, understandings, or agreements except as
expressly set forth within this Agreement.
13.The Emeritus Corporation understands that this Consent Agreement governs only
the liability for civil sanctions arising from the matters set forth herein and does not
affect or purport to affect any criminal liability or liability to any entity not a party to
this order.
AND IT IS SO ORDERED
________________________________________2-15-05__________
Ray N. StevensDate
Administrative Law Judge |