ORDERS:
CONSENT ORDER AND SETTLEMENT AGREEMENT
The parties agree to the following:
1. Mastermind Limited Partnership, L.L.P. (Licensee) is the holder of a License to operate Rapha Residential Care (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 Gaston, South Carolina, has a licensed capacity of 92 beds.
2. The Department notified Rapha Residential Care by letter dated November 1, 2006 that it was imposing a $9,700 monetary penalty for violations and repeat violations of 25A S.C. Code Ann. Regs. 61-84, Standards for Licensing Community Residential Care Facilities (Supp. 2005). The letter advised 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 this enforcement letter.
3. Rapha Residential Care denies the Department’s allegations of violations and repeat violations.
4. By letter dated November 13, 2006, the facility filed a request for Final Review with the Department’s Clerk of the Board.
5. By Memorandum dated December 18, 2006, the Department’s Clerk of the Board notified the facility that the S.C. Board of Health and Environmental Control had decided on December 14, 2006 not to conduct a Final Review Conference regarding this matter.
6. The facility then filed a Notice of Request for a Contested CaseHearing dated January 11, 2007.
7. Prior to proceeding to an administrative hearing, the parties met on March 16, 2007. At this meeting, the parties were able to come to a mutual agreement to resolve this matter.
8. The Department alleged the violations of Regulation 61-84 as a result of its inspections/investigations and initiated this enforcement action.
9. Rapha Residential Care does not admit and expressly denies the violations alleged by the Department.
10. With this Settlement Agreement, the Department and Rapha Residential Care wish to resolve this matter and to compromise and settle the disputes and allegations that have been pled or that could have been pled in the above-captioned case.
11. In view of the foregoing, the mutual promises and covenants set forth herein, and for such other good and valuable consideration as set forth herein, the receipt and sufficiency of which is hereby acknowledged, the Department and Rapha Residential Care agree as follows:
THEREFORE, IT IS AGREED
1. In order to resolve this matter the licensee has provided assurances that the facility is and continues to be in substantial compliance with Standards for Licensing community Residential Care Facilities. The Department agrees to suspend $5,450 of the $9,700 monetary penalty. The Licensee agrees to submit payment of the $4,250 monetary penalty to the Department within thirty (30) days of execution of this Order. Payment is to be by certified 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, South Carolina 29201
2. With the execution of this Agreement, Rapha Residential Care hereby withdraws its request for a contested case hearing pending before the Administrative
Law Court.
3. The Department in no way waives its authority to enforce, by imposing penalties or otherwise, all statutory and regulatory requirements for the licensure of Rapha Residential Care.
4. Pursuant to S.C. Code Ann. § 44-7-320 (2002), the Department may impose future penalties, including revocation of the license to operate Rapha Residential Care, for violations or repeat violations of the regulations or applicable licensing statutes.
5. 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.
6. Mastermind Limited Partnership, L.L.P. 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 additional liability or liability to any entity not a party to this order.
7. This Consent Agreement and Order is entered into by the parties to resolve this matter without further litigation and is not an admission of law or fact by Rapha.
AND IT IS SO ORDERED.
______________________________
The Honorable Paige J. Gossett
Administrative Law Judge
July 20, 2007
Columbia, South Carolina
WE CONSENT:
Dennis L. Gibbs, Director Date
Division of Health Licensing
Nancy S. Layman Date
Chief Attorney for Health Regulation
David C. Mansell, Administrator Date
Rapha Residential Care
Michael Masters, Partner Date
Mastermind Limited Partnership, L.L. P.
Helen Masters, Partner Date
Mastermind Limited Partnership, L.L.P.
Stan D. Copeland, Esquire Date
Richardson Plowden Carpenter & Robinson, P.A.
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