ORDERS:
CONSENT AGREEMENT AND ORDER
FINDINGS OF FACT
1.Heath Springs Residential Care Center, Inc. (Heath Springs or Licensee) is
the holder of a license to operate a community residential care facility (CRCF) issued 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 Heath
Springs, South Carolina, has a licensed capacity of sixty-four (64) beds.
2.The Department notified Heath Springs by letter dated October 11, 2004
that it was imposing an $11,500 monetary penalty for violations and repeat violations of
25A 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 the letter unless during such thirty-day period a written
letter of appeal requesting a contested case hearing under S.C. Code Ann. § 44-7-320(B)
(2002) and the Rules of Procedure for the Administrative Law Court was submitted.
3.By letter dated October 13, 2004, Heath Springs submitted a timely
appeal.
4.Prior to proceeding to an administrative hearing, the parties met on
November 9, 2004. Heath Springs advised that it had corrected the violations and had
initiated action to ensure that these violations were not repeated. Subsequently, Heath
Springs and the Department were able to come to a mutual agreement to resolve this
matter.
THEREFORE, IT IS AGREED
1.The Licensee will initiate action to ensure that all violations are not
repeated.
2.The Licensee withdraws its request for a contested case hearing before the
Administrative Law Court in the above-captioned matter.
3.In consideration of the remedial action taken by the Licensee, the
Department agrees to suspend $4,600 of the $11,500 total monetary penalty assessed
against Heath Springs. Therefore, the Licensee agrees to submit payment of a $6,900
monetary penalty to the Department. Payment of this $6,900 monetary penalty is to be
made to the Department in two installment payments. The first installment payment of
$3,500 is due and payable to the Department within thirty (30) days of the date this
executed Consent Agreement and Order is filed in the Administrative Law Court. The
second installment payment of $3,400 is due and payable to the Department within sixty
(60) days of the date this executed Consent Agreement and Order is filed in the
Administrative Law Court. Each of these payments is to be by 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
4.It is understood by the Licensee that S.C. Code Ann. § 44-7-320 (D)
(2003) states that “[f]ailure 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.If violation(s) previously cited recur in subsequent inspections by the
Department during the twelve-month period following the filing of this executed Consent
Agreement and Order, the Department may require payment of all or part of the
suspended portion of the assessed penalty and/or may impose an additional penalty
payable to the Department pursuant to Section 302 F., 25A S.C. Code Ann. Regs. 61-84
(Supp. 2003), and the Licensee shall immediately pay to the Department the assessed
penalty.
6.The Department in no way waives its authority to enforce, by imposing
penalties or otherwise, all statutory and regulatory requirements for the licensure of
Heath Springs.
7.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 Heath Springs, pursuant to S.C. Code Ann. § 44-7-320 (2003), and the facility administrator has been informed of these potential actions.
8.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.
9.Heath Springs 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.
December 16, 2004
The Honorable Carolyn C. MatthewsDate
Administrative Law Judge |