ORDERS:
CONSENT ORDER
STATEMENT OF FACTS
1. Annel Wade (Licensee) has been the holder of a license to operate S&W Community Care
Home (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. 1997).
2. The Department notified the Licensee by letter dated may 7, 1998 (attachment A) that it was
imposing a monetary penalty of $6,100.00 and suspending the license of S &W Community
Care Home for repeat violations of R 61-84, Standards for Licensing Community Residential
Care Facilities. the letter advised that this determination to impose a $6,100.00 monetary
penalty and to suspend the facility license would become final thirty days from the mailing of
the letter unless the Licensee filed an appeal in accordance with S. C. Code Ann. §44-7-320
(B)(Supp. 1997).
3. The Licensee requested a meeting with the Department to discuss this matter. At the June 19,
Consent Order
S & W Community Care Home
Page Two
1998 meeting, the Attorney for the Licensee, Justin Lucey, advised that the number of excess
beds of licensed capacity had been removed and that his client had been striving to improve
the operations of the facility in order to be in substantial compliance with R 61-84.
THEREFORE, IT IS AGREED
1. The Licensee will initiate action to ensure that other violations as noted in the Department's
letter to the facility (attachment A), will not be repeated.
2. In consideration of the remedial action taken by the licensee and action to prevent a recurrence
of these violations, the Department agrees to suspend $5,100.00 of the $6,100.00 monetary
penalty assessed against S & W Community Care Home. Therefore, the penalty amount due
and payable to the Department within ten days of execution of this Consent Order is
$1,000.00.
3. The Department also agrees to lift the suspension of admission and readmission of residents
into S &W Community Care Home immediately.
4. The Licensee agrees that she will take six (6) additional hours of continuing education training
beyond the training requirements established by the South Carolina Board of Long Term
Health Care Administrators. This continusing education training must relate to the operation
of a community residential care facility and contain subject matter that would be approved in
writing by the South Carolina Board of Long Term Health Care Administrators before taking
this training. The Licensee agrees to submit documentation that she has successfully
completed this additional training to the Department by June 30, 1999.
Consent Order
S & W Community Care Home
Page Three
4. It is understood by the Licensee that S.C. Code Ann. §44-7-320 (D) (Supp. 1997) 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 repeat violation(s) of those sections noted in attachment A are noted during subsequent
inspections by the Department during the twelve month period following execution of this
Consent Order, 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
immediately in accordance with Section 103 D., S.C. Code Regs. 61-84 (Supp. 1007), and the
Licensee shall immediately pay to the Department the assessed penalty.
6. The Department in no way waives its authority to enforce, by imposing penalties or
otherwise, all statutory and regulatory requirements for the licensure of S & W Community
Care Home.
7. The Licensee, or her designee, shall take immediate steps to correct all violations noted in
attachment A and all violations noted by the Department in previous inspections. The
Licensee will establish procedures to ensure that violations in attachment A and similar
violations of R 61-86, Standards for Licensing Community Residential Care Facilities, do not
occur in the future.
8. 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 S &W Community Care Home, pursuant to S. C. Code Ann. §44-7-320 (Supp. 1997)
Consent Order
S & W Community Care Home
Page Four
and the facility administrator has been informed of these potential actions.
AND IT IS SO ORDERED
APPROVED:
Alison Renee Lee Date
Administrative Law Judge
WE CONSENT:
Jerry L. Paul, Director Date
Health Licensing Section
Nancy S. Layman Date
Senior Attorney for Health Regulation
Annel S. Wade Date
Administrator Licensee
Justin Lucey, Attorney Date
South Carolina Department of Health and Environmental Control
HEALTH LICENSING SECTION
Summary of Violations (Basis for Imposing Penalties)
S & W Community Care Home
CRCF 18
(Facility) (Type of Facility) (Number of Beds)
Date Cited |
R61-84
Section |
Class |
Description of Violation
|
|
|
| 8/6/97 |
204.B.4 |
III |
The pre-employment physical was conducted after the date of hire for 1 of
4 employee records reviewed. |
0 |
0 |
| 1/20/98 |
204.B |
III |
Two staff did not have pre-employment physical exams available for
review. |
$100-500 |
0 |
| 4/2/98 |
204.B.4 |
III |
There was no documentation of an annual TB test for 4 of 6 staff records
reviewed. |
$200-1,000 |
0 |
| 12/31/96 |
204.D |
III |
One employee folder lacked documentation of the five in service training
having been done. |
0 |
0 |
| 8/6/97 |
204.D |
III |
There was no documentation of medication administration training in 3 of
4 staff records reviewed. |
$100-500 |
0 |
| 1/20/98 |
204.D |
III |
One staff person did not have in service training in (1) fire protection,
(2)medication administration, and(3) communicable diseases. |
$200-1,000 |
0 |
| 4/2/98 |
204.D |
III |
There was no documentation of annual training in contagious diseases and
licensing regulations (except administrator) for 6 of 6 staff records
reviewed. |
$500-2,000 |
$2,000 |
| 4/1/98 |
205.A.2.B |
III |
There was no documentation of physical examinations and TB tests for
volunteers working in the facility. Individuals from the homeless shelter
were observed working in/around the facility. |
$100-500 |
0 |
Date Cited |
R61-84
Section |
Class |
Description of Violation
|
|
|
| 12/31/97 |
209.B |
II |
Correspondence received from the facility on 11/14/97 indicated that the
facility refund policy was in violation of "The Resident Bill of Rights."
The following statements in the facility's policy are in violation of
licensing standards. Under the heading "Termination," the policy states,
"If the family, client, or placement agency should decide to move client
before 30 days, all monies that were paid for the month will not be
refunded, if the client... ." Further under "To: All Relatives of Responsible
Parties," the policy states for item #4. "We require a 30-day written notice
when a resident is planning to leave the facility for any reason. If notice is
not given, the resident will be charged for the upcoming month." Item #6
states, "Should any client decide to leave the facility of his/her own free
will or through family or other factors after having paid their monthly fee,
no refund will be provided." |
$100-500 |
0 |
| 1/20/98 |
209.B.1 |
II |
Five residents' forms to explain charges for services were not updated
accordingly with appropriate signatures, dates and dollar amounts. |
$200-1,000 |
0 |
| 4/1/98 |
209.B.1 |
II |
There was no documentation or documentation was unclear as to
explanation of charges and services for 3 of 6 resident records reviewed. |
$500-2,000 |
$500 |
| 4/1/98 |
209.B.4 |
II |
Although documentation indicated that the administrator handled the
resident's monies, there was no documentation of the resident's permission
to manage monies. |
$100-500 |
0 |
| 4/1/98 |
301.A |
II |
Residents of the "Little Owl Homeless Shelter" were observed to come and
go from the S &W CCH facility during mealtime and were being served
meals from the S & W kitchen. Several residents from the homeless
shelter confirmed this action.
The facility is licensed for 18 beds; a total of 20 beds were observed set up. |
$100-500 |
0 |
Date Cited |
R61-84
Section |
Class |
Description of Violation
|
|
|
| 4/1/98 |
305.C |
III |
Interview with the administrator did indicate that a resident had done minor
chores around the facility. It is unknown as to whether this was voluntary,
however, there was no documentation in an individual care plan (there was
no individual care plan to allow this resident to engage in this activity
[resident is no longer at S&W]). |
0 |
0 |
| 4/1/98 |
307 |
II |
There was no documentation of vaccinations for dogs observed outside the
facility. |
$100-500 |
0 |
| 4/1/98 |
402.B.4 |
I |
The admission exam stated, "a licensed nurse is needed on a daily basis,"
for 1 of 6 resident records reviewed. |
$200-1,000 |
0 |
| 1/20/98 |
402.D |
II |
There was no documentation of plan for emergency care and routine
medical care for 1 of 8 resident files reviewed. |
$100-500 |
0 |
| 4/1/98 |
402.D |
II |
There was no documentation of an admission record for 2 of 6 resident
records reviewed. |
$200-1,000 |
$200 |
| 1/28/97 |
505.B |
I |
Physician orders for medication were not available for resident A. |
$200-1,000 |
0 |
| 8/6/97 |
505.B |
I |
Physician's orders for residents' medications were not documented for 2 of
4 resident records reviewed, or were unclear |
$500-2,000 |
0 |
| 4/1/98 |
505.B |
I |
There were no physician orders for medications for 1 of 6 resident records
reviewed. |
$1,000-5,000 |
$1,000 |
| 8/6/97 |
506 |
II |
No documentation of the individual care plan annual review or sponsor
signature, or resident signature was found for 4 of 4 individual care plans
reviewed. |
$100-500 |
0
|
| 4/1/98 |
506 |
II |
There was no documentation of an individual care plan for 1 of 6 resident
records reviewed. |
$200-1,000 |
$200 |
| 4/1/98 |
801 |
II |
Glass in the door at the rear entrance was open to insects and had exposed
sharp edge along the bottom creating a safety hazard. |
$100-500 |
0 |
| 5/23/96 |
802.A |
II |
Mice droppings were observed on the food pantry flooring and shelving. |
$100-500 |
0 |
Date Cited |
R61-84
Section |
Class |
Description of Violation
|
|
|
| 7/25/97 |
802.A |
II |
Kitchen floor had dried food debris all over it -- small pieces. |
$200-1000 |
0 |
| 8/6/97 |
802.A |
II |
Musty odors were observed in bedrooms #2 and #4. |
$500-2,000 |
0 |
| 4/2/98 |
802.A |
II |
1.) A strong unpleasant odor was encountered in the TV room, room #5,
and behind the facility.
2.) The toilet had overflowed in the green bathroom -- the floor was
soiled.
3.) Paint was observed stored under the sink in the rear bathroom. |
$1,000-5,000 |
$500 |
| 7/25/97 |
1006.B.3.a |
II |
A.) One dozen eggs at room temperature were observed on kitchen
counter.
B.) One container of cheese sitting on counter and one container of
margarine/butter sitting on kitchen counter -- both at room
temperature. |
$100-500 |
0 |
| 4/2/98 |
1006.B.3.a |
II |
Eggs were observed unrefrigerated taped up in a box on the porch during
the entire visit. |
$200-1,000 |
$200 |
| 4/2/98 |
1102.A |
III |
A "dead" fire extinguisher was the only one observed in the facility. |
0 |
0 |
| 4/1/98 |
1201
2001 |
III |
Residents of the S & W CCH are placed at potential risk due to the close
proximity to the "Little Owl Homeless Shelter." Due to activities of
drug/alcohol disturbances, as related in interviews with individuals, and a
history of visits by law enforcement officers, the facility administrator must
take necessary measures to insure resident safety. The facility must
physically delineate itself from other activities by fencing the S & W CCH
surround perimeter, in accordance with all fire and life safety codes. It is
the responsibility of S & W CCH Administration to take whatever
measures are necessary to insure resident safety. |
0 |
0 |
Date Cited |
R61-84
Section |
Class |
Description of Violation
|
|
|
| 3/8/96 |
2002 |
III |
Self-closing devices are being defeated by wedges blocking doors open.
A6/N4
Fire extinguishers should be serviced by a certified company on an annual
basis. B5/603.3.1
Doors to bedrooms #1, #3 & #6 are required to be solid core type.
C5/1114
Electrical switch cover in room #4 needs to be replaced. EE7/NEC
Chemical oxygen is hooked up to resident in room #4 and the presence of
smoking is being occurred. F5-F719.301.2M
|
0 |
0 |
| 8/6/97 |
2002 |
III |
Remove chain from front porch exit door, all exit doors require a one lock
movement with the thumb. A2/1114
Emergency light by office is inoperable. Emergency lights are required to
work properly at all times. A4/807.1
Self-closing devices are required on all bedroom doors for proper
operation.
A6/114
Electrical wires for light on hood stove should be placed in a junction box
or removed. EE&/NEC
Electrical receptacle in east hall bathroom has an open ground that needs to
be repaired by an electrician. EE7/NEC |
$100-500 |
$500 |
| 4/1/98 |
2701.1.B |
III |
Tearing was observed in the linoleum floor in room $6 and #4. The end of
the carpet in room #1 and at entrance was rolled up. The "square patch" in
the hallway to the TV room was a trip hazard. The rear entrance steps
were not illuminated creating a tripping hazard. |
0 |
0 |
Totals $7,100-33,500 $6,100 |