ORDERS:
CONSENT AGREEMENT AND ORDER
The
parties agree to the following:
1. Emeritus
Corporation (Licensee) is the holder of a License to operate Bellaire Place
(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 Greenville, South Carolina, has a
licensed capacity of 162 beds.
2. The
Department notified Bellaire Place by letter dated April 20, 2007 that it was imposing a $34,125 monetary penalty for violations of 25A S.C. Code Regs.
61-84, Standards for Licensing Community Residential Care Facilties (Supp.
2006). This letter also advised that the decision to impose this $34,125
monetary penalty 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 May 4, 2007, the facility, through its attorney, filed a request
for Final Review with the Department’s Board.
4. By
Memorandum dated May 17, 2007, the Department’s Clerk of the Board notified the
facility that the South Carolina Board of Health and Environmental Control had
decided on May 16, 2007 not to conduct a Final Review Conference regarding this
matter.
5. On
June 12, 2007, the facility filed a Notice of Request for a Contested Case
Hearing with the Administrative Law Court.
6. Prior
to proceeding to an administrative hearing, facility representatives met with
representatives of the Department on November 05, 2007. As a result of this meeting, the facility submitted an action plan to ensure compliance with 25A S.C.
Code Regs. 61-84, Standards for Licensing Community Residential Care
Facilities (Supp. 2006).
THEREFORE,
IT IS AGREED
1. The
Licensee agrees to initiate steps to meet the requirements of its action plan (attached
hereto as Exhibit 1 and incorporated by reference into this Consent Agreement
and Order) by the deadline established in its action plan as to ensure that the
violations and repeat violations of 25A S.C. Code Regs. 61-84 (Supp. 2006)
cited in the April 20, 2007 enforcement action are not repeated.
2. The
Licensee agrees to withdraw its request for a contested case hearing before the
Administrative Law Court.
3. In
consideration of the above, the Department agrees to suspend $24,625 of the
total $34,125 monetary penalty. The facility agrees to pay the Department a $9,500
monetary penalty. Payment of this $9,500 monetary penalty is to be paid to the
Department within thirty (30) days of execution of this Consent Order. Payment
of this $9,500 monetary penalty is to be by certified check or money order made
payable to the South Carolina Department of Health and Environmental Control. Payment
of this $9,500 monetary penalty is to 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 the $9,500 monetary penalty is not submitted within thirty (30) days
of execution of this Consent Order, then the facility will be required to
submit payment of the full monetary penalty of $34,125.
4. It
is understood by the Licensee that S.C. Code Ann. § 44-7-320(D) (2002) states “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. The
Department in no way waives its authority to enforce, by imposing penalties or
otherwise, all statutory and regulatory requirements for the licensure of Bellaire Place.
6. 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 Bellaire Place pursuant to S.C. Code Ann.
§ 44-7-320 (2002), and the facility administrator has been informed of these
potential actions.
7. 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.
8. Emeritus
Corporation understands that this Consent Agreement and Order governs only the
liability for civil sanctions arising from the mattes 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.
AND IT IS SO ORDERED.
February 27, 2008
John D. Geathers Date
Administrative Law Judge
WE CONSENT:
Pamela M. Dukes, Deputy Commissioner Date
Health Regulation
Dennis L. Gibbs, Director Date
Division of Health Licensing
Ashley Biggers Date
Staff Attorney for Health Regulation
Brandon Hair, Administrator Date
Bellaire Place
Timothy J. Barresi Date
Regional Director of Operations, Emeritus Corporation
Paul Greene, Attorney Date
Gallivan, White & Boyd, P.A.
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