ORDERS:
CONSENT AGREEMENT AND ORDER
STIPULATIONS OF FACT
1.Choice Health Care Services, Inc. has been the holder of a license to operate Choice Health
Care Services (CHCS) issued by the South Carolina Department of Health and Environmental
Control (Department) pursuant to S.C. Code Ann. §§ 44-7-110 et seq. (2002), the “State
Certification of Need and Health Facility Licensure Act.” Choice Health Care Services, located in
Walterboro, South Carolina, serves Colleton County.
2.The Department notified Choice Health Care Services by letter dated March 20, 2003, that
it was denying the renewal of its license due to CHCS’s non-compliance with the 2001 South
Carolina Health Plan (SHP) requirement that it serve at least fifty (50) patients annually. Failure to
comply with the SHP is a violation of 25 S.C. Code Ann. Regs. 61-77 § 301 (Supp. 2002), Standards
for Licensing Home Health Agencies. The letter advised that the determination would become final
thirty days from the date of the 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) (2002) and the Rules of
Procedure for the Administrative Law Judge Division was submitted.
3.By letter dated April 14, 2003, the facility appealed the Department’s decision to deny
renewal of its license.
4.Prior to proceeding to an administrative hearing, the parties met on July 9, 2003. The facility
assured the Department that in the future it could meet the SHP requirement that it serve at least fifty
clients annually. Subsequently, Choice Health Care Services and the Department were able to come
to a mutual agreement to resolve this matter.
THEREFORE, IT IS AGREED
1.To avoid a repeat violation of S.C. Code Ann. Regs. 61-77 § 301 (2002), the Licensee will
initiate action to ensure that it complies with the SHP and serves 50 patients annually.
2.The Licensee will withdraw its contested case pending before the Administrative Law Judge
Division.
3.The Licensee agrees to submit payment of a $3,000 monetary penalty to the Department
within sixty (60) days of execution of this Order. This payment is to be by certified check or money
order made payable to the S.C. Department of Health and Environmental Control and 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
Should the Licensee fail to submit payment of this $3,000 monetary penalty by certified check or
money order within sixty (60) days following execution of this Consent Order, the Licensee agrees
to voluntarily surrender its license to operate a home health agency.
4.The facility agrees that it will serve at least 50 clients annually or it will voluntarily return its
license to the Department. Documentation that it has served at least 50 clients must be submitted per
federal regulation to the OASIS data system. Additionally, the facility agrees that it will submit its
Home Health Agency Report on an annual basis to the Department’s Division of Planning and
Certification of Need by the date requested.
5.The Department in no way waives its authority to enforce, by imposing penalties or otherwise,
all statutory and regulatory requirements for the licensure of Choice Health Care Services.
AND IT IS SO ORDERED.
______________________________ 8/22/03
JOHN D. GEATHERSDate
Administrative Law Judge |