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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