ORDERS:
CONSENT AGREEMENT AND ORDER
The parties agree to the following:
1. Spring
Arbor Senior Living, LLC (Licensee) is the holder of a license to operate Spring Arbor Assisted Living and Memory
Care Community, licensed by the South Carolina
Department of Health and Environmental Control (Department) pursuant to S.C.
Code Ann. § 44-7-110 et seq. The facility, located in Rock Hill, South Carolina, has a licensed capacity of 92 beds.
2. The Department notified the Licensee by letter dated April 13, 2007, that it was imposing a $36,210 monetary penalty for alleged violations of
25A S.C. Code Ann. Regs. 61-84, Standards for Licensing Community
Residential Care Facilities (Supp. 2006), arising out of a February 28, 2007 inspection. 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.
3. On April 24, 2007, the Licensee filed a timely request for a Final Review Conference with
the Clerk of the DHEC Board. The DHEC Board decided on May 16, 2007, not to conduct a Final Review Conference, and through its Clerk issued a letter dated May 17, 2007, notifying the Licensee of its decision.
4. The Licensee then filed a Notice of Request for a Contested
Case Hearing with the South Carolina Administrative Law Court on June 15, 2007.
5. Prior to proceeding to an administrative hearing, the parties
met on December 4, 2007 to discuss a possible resolution of this contested
case. Through discussions that took place at this meeting and through subsequent
discussions, the parties were able to come to a mutual agreement to resolve this
matter.
1. The Department agrees to suspend $21,210 of the $36,210
monetary penalty, for a non-suspended monetary penalty total of $15,000. In
addition, the non-suspended penalty amount shall be reduced in an amount equal
to 75% of funds spent by the Licensee for regulatory compliance [as evidenced
by receipts submitted to the Department], not to exceed $5,000. The Licensee
agrees to submit payment of the 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 shall be sent to the following address:
Division of Health Licensing
S.C. Department of Health and
Environmental Control
2600 Bull Street
Columbia,
SC 29201
2. With the execution of this Consent Agreement and Order, the
Licensee 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 its statutory
and regulatory requirements for the licensure of the Licensee’s facility.
4. 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.
5. With this settlement agreement, the Department and the
Licensee wish to resolve this matter and to compromise and settle the disputes
and allegations that have been pled or that could have been pled arising from
the February 28, 2007 inspection as well as a follow up inspection that
occurred on January 4, 2008.
6. This Consent Agreement and Order is entered into by the
parties to resolve this matter without the expense and delay of further
litigation and is not an admission of law or fact by the Licensee.
7.
This Consent Agreement and Order governs only the matters set forth herein and
does not affect or purport to affect any criminal liability or liability to any
person or entity not a party to this Order. Any express or implied admissions
by the Licensee herein are made for the sole purpose of settling this contested
case and shall not constitute admissions in any criminal or civil proceeding.
________________________________
The Honorable John D. Geathers
Administrative Law Judge
________________________________
Dennis L. Gibbs, Director
Division of Health Licensing
________________________________
Ashley Biggers, Esq.
Staff Attorney for Health Regulation
________________________________
Spring
Arbor Senior Living, LLC
________________________________
Mason A. Summers, Esq.
Richardson Plowden & Robinson, P.A.
Attorney for Respondent
________________________________
Pamela
M. Dukes, Deputy Commissioner
Health
Regulation
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