ORDERS:
CONSENT ORDER AND ORDER
FINDINGS OF FACT
1. Total Renal Care, Inc., a subsidiary of DaVita, Inc., has been the holder of a
license to operate Greer Kidney 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. (Supp. 2001). Greer Kidney Center has twenty-seven stations.
2. The Department notified Greer Kidney Center by letter dated May 29, 2002, that
it was imposing a $9,250 monetary penalty for violations and repeat violations of R.61-
97, Standards for Licensing Renal Dialysis Facilities. The letter advised that this
determination would become final thirty days from the date of this letter unless during
such thirty (30) day period a written letter of appeal requesting a contested case hearing
under S.C. Code § 44-7-320 (B.)(Supp. 2001) and Rules of Procedure for the
Administrative Law Judge Division was submitted.
3. By letter dated June 11, 2002, Thomas L. Weinberg, Assistant General Counsel
for DaVita, Inc. submitted a timely appeal.
4. Prior to proceeding to an administrative hearing, the parties met on August 16,
2002 . Greer Kidney Center advised that the violations had been corrected and that
actions had been initiated to ensure that these violations were not repeated. Subsequently,
Greer Kidney Center and the Department were able to come to a mutual agreement to
resolve this matter.
THEREFORE, IT IS AGREED
1. The Licensee will initiate action to ensure that all violations are not repeated.
2. The Licensee will withdraw its contested case pending before the Administrative
Law Judge Division.
3. In consideration of the remedial action taken by the facility, the Department
agrees to suspend $ 3,750 of the $9,250 total monetary penalty assessed against Greer
Kidney Center. Therefore, the facility agrees to submit payment of a $5,500 monetary
penalty within thirty days of execution of this Consent Agreement and Order. Payment
is to be by check or money order made payable to the South Carolina Department of
Health and Environmental Control. Payment of these monies must 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
4. It is understood by the Licensee that S.C. Code Ann. §44-7-320 (D.) (Supp. 2001)
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."
5. If violation(s) previously cited recur in subsequent inspections by the Department
during the twelve-month period following execution of this Consent Agreement, the
Department may require payment of all or part of the suspended portion of the assessed
penalty and/or may impose an additional penalty payable to the Department pursuant to
Section 103 D., 25A S.C. Code Ann. Regs. 61-97 (Supp. 2001).
6. The Licensee agrees that it has or will provide sensitivity training to its employees
and to document:
A.) the course content of the sensitivity training provided to its employees;
B.) the date the sensitivity training was provided;
C.) the instructor's name teaching this course; and
D.) the training received in each employee's record.
Additionally, the Licensee agrees that it will have each employee attending this
sensitivity training to document that he/she has an understanding of the training provided.
1. The Department in no way waives its authority to enforce, by imposing penalties
or otherwise, all statutory and regulatory requirements for the licensure of Greer Kidney
Center.
2. 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 Greer Kidney Center, pursuant to S.C. Code Ann. § 44-7-320 (Supp.
2001), and the facility administrator has been informed of these potential actions.
AND IT IS SO ORDERED
September 3, 2002
C. Dukes Scott Date
Administrative Law Judge |