ORDERS:
CONSENT AGREEMENT AND ORDER
1.Gertie M. Mills (Licensee) is the holder of a license to operate Gertie’s Care
Home (Facility) issued by the South Carolina Department of Health and Environmental
Control (Department) pursuant to S.C. Code Ann. §44-7-110 et seq. (2002). Gertie’s
Care Home, located in St. Helena Island, South Carolina, has a licensed capacity of ten
(10) beds.
2.The Department notified Gertie’s Care Home by letter dated June 29, 2004, that it
was imposing a $17,000 monetary penalty for violations and repeat violations of S.C.
Code Ann. Regs. 61-84, Standards for Licensing Community Residential Care Facilities
(Supp. 2003). The letter advised that this determination would become final thirty (30)
days from the date of this letter unless during such thirty (30) day period a written letter
of appeal requesting a contested case hearing under S.C. Code Ann. Section 44-7-320 (B)
(2002) and the Rules of Procedure for the Administrative Law Court was submitted.
3.By letter dated July 23, 2004, the facility submitted an appeal of the Department’s
decision to impose this monetary penalty.
4.Prior to proceeding to an administrative hearing, the Department and the facility
were able to come to a mutual agreement to resolve this matter.
THEREFORE, IT IS AGREED
1.The Licensee will voluntarily close this facility as a community residential care
facility no later than February 10, 2005.
2.With the closure of this facility, the Licensee agrees to:
1.)Immediately provide residents of the facility with a thirty-day written
notice of the closure of this facility;
2.)assist residents in transferring to other appropriate facilities;
3.)ensure that all residents of this facility are appropriately transferred by no
later than February 10, 2005;
4.)ensure that residents are given their personal possessions;
5.)ensure that residents are given their medications (as appropriate);
6.)ensure that residents are given a refund (as appropriate);
7.)notify the Department in writing where each resident was transferred, their
date of transfer, and the location address where each resident was
transferred within ten days of the resident(s) date of transfer;
8.)notify the Department in writing where resident records will be stored for
the six years following closure of the facility; and
9.)Return the last license issued by the Department for this location to
operate as a community residential care facility.
3.The Licensee agrees to withdraw its contested case pending before the
Administrative Law Court.
4.In consideration of closure of this facility, the Department agrees to suspend
$16,150 of the $17,000 total monetary penalty assessed against Gertie’s Care Home.
Therefore, the facility agrees to submit payment of an $850 monetary penalty to the
Department. Payment of this $850 monetary penalty is to be made to the Department
within thirty (30) days of execution of this Consent Agreement and Order. Payment is to
be by certified check or money order made payable to the S.C. Department of Health and
Environmental Control and 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
5.The Licensee of this facility understands that Section 101.L of 25A S.C. Code
Ann. Regs. 61-84, Standards for Licensing a Community Residential Care Facility (Supp.
2003) defines a community residential care facility as “A facility which offers room and
board and which, unlike a boarding house, provides/coordinates a degree of personal care
for a period of time in excess of 24 consecutive hours for two or more persons, 18 years
old or older, not related to the licensee within the third degree of consanguinity. It is
designed to accommodate residents’ changing needs and preferences, maximize
residents’ dignity, autonomy, privacy, independence, and safety, and encourage family
and community involvement. Included in this definition is any facility (other than a
hospital), which offers or represents to the public that it offers a beneficial or protected
environment specifically for individuals who have mental illness or disabilities. These
facilities may be referred to as ‘assisted living’ provided they meet the above definition
of community residential care facility.”
6.The Licensee agrees that she or her agents will not operate an unlicensed
community residential care facility at this location or any other location within the State
of South Carolina. Should the Department determine through inspection that such facility
exists, it may call-in all or part of the suspended monies from this Consent Agreement
and Order and/or may assess an additional penalty in accordance with S.C. Code §44-7-320 (C) (2002).
7.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. No additional statements, inducements or promises have
been made by either party in consideration for entering into this Consent Agreement and
Order.
8.Gertie M. Mills 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.
AND IT IS SO ORDERED.
January 19, 2005
Ralph King Anderson, IIIDate
Administrative Law Judge |
