STIPULATIONS OF FACT
1.Winyah Long Term Care, Inc., is the holder of a license to operate Manor House
of Dillon (Facility) issued by the South Carolina Department of Health and Environmental
Control (Department or DHEC) pursuant to S.C. Code Ann. § 44-7-110 et seq. (2002). Manor
House of Dillon, a community residential care facility located in Minturn, South Carolina, has a
licensed capacity of 60 beds.
2.On November 17, 2004, a representative of DHEC’s Division of Health Licensing
conducted a follow-up inspection at Manor House of Dillon. As a result of this inspection,
repeat violations of 25A S.C. Code Ann. Regs. 61-84 (Supp. 2003), Standards for Licensing
Community Residential Care Facilities, were cited. The Department notified Manor House of
Dillon by letter dated January 5, 2005, that it was imposing a $12,000 monetary penalty for
violations and repeat violations of Regulation 61-84, Standards for Licensing Community
Residential Care Facilities. The letter advised that this determination would become final thirty
days from the date of this 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 February 3, 2005, the attorney for the facility filed an appeal of the
Department’s assessment of the monetary penalty.
4.Prior to proceeding to an administrative hearing, the parties met on January 31,
2005, to discuss the cited violations that led to the monetary penalty. Subsequently, Manor
House of Dillon and the Department were able to reach an agreement that will resolve this
matter.
THEREFORE, IT IS AGREED
1.The Licensee will initiate action to ensure that all violations are corrected and not
repeated.
2.The Licensee will withdraw its contested case pending before the Administrative
Law Court within ten (10) days of execution of this Order.
3.In consideration of the remedial action taken by the facility, the Department
agrees to suspend $5,000 of the $12,000 total monetary penalty assessed against Manor House of
Dillon. Therefore, the facility agrees to submit payment of $7,000 to the Department. Payment
of this $7,000 monetary penalty is to be paid to the Department within ten (10) days of execution
of this Consent Order. Payment is to be by check or money order made payable to the South
Carolina Department of Health and Environmental Control and 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) (2002) 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.Manor House of Dillon agrees to effect the following measures within thirty (30)
days of the execution of this Consent Order:
a.Implement and train staff on a new care plan format;
b.Engage a registered nurse consultant to perform new hire training and
other in-service training for facility staff, review care plans, monitor
medication administration documentation; and
c.Address the maintenance and housekeeping/kitchen issues by: (1)
appropriate replacement or repair of equipment, shelving, furniture and a
door; (2) replacement of all bedspreads; (3) cleaning of all soiled surfaces
in kitchen and resident rooms; and (4) installation of a fly fan or
implementation of other appropriate measures to address fly control
issues.
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 Manor House of
Dillon.
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 Manor House of Dillon, pursuant to S.C. Code Ann. § 44-7-320 (2002), and the
facility administrator has been informed of these potential actions.
8.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.
9.Winyah Long Term Care, Inc., understands that this Consent Agreement governs
only the liability for civil sanctions arising from the matters set forth herein and does not affect
or purport to effect any criminal liability or liability to any entity not a party to this Order.
AND IT IS SO ORDERED.
s/John D. Geathers _________________April 4, 2005_______
John D. GeathersDate
Administrative Law Judge
