SC Administrative Law Court Decisions

FINDINGS OF FACT

1.Southern Assisted Living, Inc. operates Carolina House of Bluffton (Facility), which is licensed by the South Carolina Department of Health and Environmental Control (Department) pursuant to S.C. Code Ann. § 44-7-110 et seq. (2002). Carolina House of Bluffton, located in Bluffton, South Carolina has a licensed capacity of 70 (seventy) beds.

2.The Department notified Carolina House of Bluffton by letter dated August 13, 2004 that it had “ . . . determined it appropriate to suspend the license of Carolina House of Bluffton immediately due to this violation [Section 2301.G]” of 25A S.C. Code Ann. Regs. 61-84 (Supp. 2003), Standards for Licensing Community Residential Care Facilities. The letter advised that this determination would become final thirty days from the date of the letter unless during such thirty-(30) day period a letter of appeal requesting a contested case hearing under S.C. Code Ann. Section 44-7-320(B) (2002) and Rules of Procedure for the Administrative Law Court was submitted.

3.By letter dated September 9, 2004, the facility filed an appeal of the Department’s decision to suspend its license.

4.Prior to proceeding to an administrative hearing, the parties, along with the State Fire Marshal, met to discuss this matter on September 1, 2004.

5.By letter dated October 1, 2004, Michael D. Platt, State Fire Marshal, stated that it was the Office of State Fire Marshal’s position that the three-minute evacuation requirement for residents could be waived for this facility if the following conditions were met:

A.Proof of compliance that the automatic fire sprinkler system is National Fire Protection Association (NFPA) 13 compliant;

B.The fire alarm system shall be Underwriters Laboratories, Inc. (UL) Certificated; and

C.Residents that are located above or below the level of exit discharge shall be able to self evacuate.

Mr. Platt’s letter also stated that a total evacuation time of six to nine minutes would be acceptable to his office, but that the South Carolina Department of Health and Environmental Control may establish a more stringent evacuation time requirement.

6.Subsequently, Carolina House of Bluffton and the Department were able to come to a mutual agreement to resolve this matter.

THEREFORE, IT IS AGREED

1.The Licensee agrees to the following:

A.To permanently maintain staffing ratios for all shifts that will enable the facility to evacuate residents in nine minutes or less. Should census increase or other conditions change, the facility shall modify staffing patterns on all shifts to assure that all residents of the facility can always be evacuated within 9 (nine) minutes.

B.To maintain at least six staff on duty for the third shift.

C.To submit to the Department monthly a copy of fire drills conducted at the facility for a period of six months following execution of this Consent Order to the Department. This documentation shall be substantially in the form attached hereto and incorporated herein by reference and must include the time it took for the residents to be evacuated from the facility, the name of the staff member attesting to this information, his/her signature and the date of the signature, and the date/time of these fire drills. Such documentation must be submitted to the Department within five days of the date of the fire drill.

D.To submit to the Department monthly a copy of staffing documentation showing actual staff present on all shifts for a period of six months following execution of this Consent Order.

E.To submit a copy of the UL Certification of the facility fire alarm system when it has been received by the facility.

Note: Documentation listed above must be submitted to the Department at 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

2.In consideration of the remedial action taken by the facility, the Department agrees to lift the suspension imposed on Carolina House of Bluffton by the Department’s letter dated August 13, 2004.

3.The Facility agrees to withdraw its contested case pending before the Administrative Law Court. Such withdrawal shall not limit the ability of the Facility to file a similar appeal should the Department impose further sanctions as provided in S.C. Code Ann. §44-7-320 (2002).

4.The Department in no way waives its authority to enforce, by imposing penalties or otherwise, all statutory and regulatory requirements for the licensure of Carolina House of Bluffton as it relates to future non-compliance. This Consent Agreement is, however, meant to be dispositive as to the subject matter herein.

5.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 Carolina House of Bluffton, pursuant to S.C. Code Ann. Section 44-7-320 (2002), and the facility administrator has been informed of these potential actions.

6.This Agreement 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 Agreement.

7.The parties each acknowledge that this Consent Agreement governs all civil sanctions and liabilities between Carolina House of Bluffton and the Department relating to the subject matter herein. The Department is not aware of any civil or criminal actions contemplated by any other agency or department relating to the subject matter hereof. However, the Consent Agreement does not affect or purport to affect any criminal liability or liability to any entity or other state agency that is not a party to this order.

[Signature Page to Follow]

AND IT IS SO ORDERED

November 16, 2004

Ralph K. Anderson, IIIDate

Administrative Law Judge