South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
SCDHEC vs. Genesis Community Care Home

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
South Carolina Department of Health and Environmental Control

Respondent:
Genesis Community Care Home
 
DOCKET NUMBER:
06-ALJ-07-0881-CC

APPEARANCES:
n/a
 

ORDERS:

CONSENT AGREEMENT AND ORDER

FINDINGS OF FACT,

1. Andrea J. Magwood. (Licensee) is the holder of a License to operate Genesis

Community Care Home (Facility), licensed by the South Carolina Department of

Health and Environmental Control (Department) pursuant to S.C. Code Ann.

§ 44-7-110 et seq. (2002). The facility, located in North Charleston, South

Carolina, has a licensed capacity of 20 beds.

2. When it became aware of criminal charges pending against Ms. Magwood for

physical abuse of a vulnerable adult and financial exploitation of a vulnerable

adult, the Department suspended Ms. Magwood’s license on July 6, 2004.

3. By letter of September 13, 2006 the Department revoked the license of

Genesis Community Care Home for the following reasons:

1. Its past history of non-compliance with 25A S.C. Code Ann. Regs. 61-84 (Supp. 2005),”Standards for Licensing Community Residential Care Facilities,” led the Department to initiate an enforcement action; and

2. Violations and repeat violations of Regulation 61-84 were cited as a result of an August 23, 2006 complaint investigation.

The letter also advised Ms. Magwood that the decision would become the final

agency decision unless the facility filed a Request for a Final Review with the

Department’s Clerk of the Board within fifteen days from the mailing of the

enforcement letter.

3. By letter dated September 26, 2006 the facility filed a Request for Final

Review with the Department’s Clerk of the Board.

4. By Memorandum dated October 23, 2006, the Department’s Clerk of the

Board Notified the facility that the South Carolina Board of Health and

Environmental Control had decided on October 18, 2006 not to conduct a Final

Review Conference regarding this matter.

5. On November 22, 2006 the facility filed a Notice of Request for a Contested Case

Hearing with the Administrative Law Court.

6. By letter dated March 8, 2007, James W. Smiley, attorney for the facility,

provided the Department a certified copy of the Indictment/Warrant Status

Change Form from the Office of the Solicitor, Ninth Judicial Circuit. The Status

Change Form indicated that both criminal charges against Ms. Magwood—for

physical abuse of a vulnerable adult and financial exploitation of a vulnerable

adult—had been nol prossed.

7. By letter dated March 16, 2007, the Department notified the facility that it

was lifting the suspension imposed on the facility by the Department’s letter dated

July 6, 2004.

8. Prior to proceeding to an administrative hearing, Ms. Magwood and

representatives of the Division of Health Licensing met on March 26, 2007. At

this meeting, the parties were able to come to a mutual agreement to resolve

this matter.

THEREFORE, IT IS AGREED

1. The Licensee agrees to initiate steps to ensure that violations and repeat

violations of 25A S.C. Code Ann. Regs. 61-84 (Supp. 2006) are not repeated.

2. The Licensee agrees to withdraw its request for a contested case hearing

before the Administrative Law Court.

3. In consideration that 1) the criminal charges against the Licensee that led to

the suspension of her license to operate Genesis have been nol prossed, and 2)

the Licensee has taken remedial action to correct the cited violations and repeat

violations of Regulation 61-84, the Department agrees to withdraw its revocation

of the license of this facility; instead, the Department is imposing a civil

monetary penalty in the amount of $4,000 for violations of Regulation 61-84.

4. Andrea J. Magwood agrees to pay the Department a $4,000 monetary penalty.

Payment of this monetary penalty is to be paid to the Department within sixty (60)

days of execution of this Consent Order. Payment is to be by check or money

order made payable to the S.C. Department of Health and Environmental Control.

Payment of these monies 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

If payment of this $4,000 monetary penalty is not received within 60 days

following execution of this Consent Order, Andrea Magwood understands and

agrees that Genesis Community Care Home’s license as a community residential

care facility will be revoked.

5. The Licensee is aware that prior to admitting or re-admitting residents at the

facility, the following criteria must be met:

a. Pursuant to Regulation 61-84 '608 the facility must be inspected by the Department and deemed to be in substantial compliance with the regulation.

b. Any plans to renovate the facility must first be approved by the Department’s Division of Health Facilities Construction.

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 Genesis Community Care Home.

7. 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 Genesis Community Care Home,

pursuant to S.C. Code Ann. § 44-7-320 (2002), and the facility administrator has

been informed of these potential actions.

8. This Consent Agreement and Order 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 Consent

Agreement and Order.

9. Andrea J. Magwood understands that this Consent Agreement and Order

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.

10. Effective with the execution of this Consent Agreement and Order, the

representation of Ms. Magwood by James W. Smiley, IV in Docket No. 07-ALJ-

07-0881-CC is thereby terminated, and the Administrative Law Court relieves Mr.

Smiley as counsel to Ms. Magwood in this matter.

AND IT IS SO ORDERED.

4/19/07

The Honorable Marvin F. Kittrell Date

Chief Administrative Law Judge

WE CONSENT:

Dennis L. Gibbs, Director Date

Division of Health Licensing

Nancy S. Layman Date

Chief Attorney for Health Regulation

Andrea J. Magwood, Licensee Date

Genesis Community Care Home

________________________________________ __________________

James W. Smiley, IV, Esquire Date


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