ORDERS:
CONSENT AGREEMENT AND ORDER
FINDINGS OF FACT
1.Mary Frances Shaw (Licensee) is the holder of a license issued by the South
Carolina Department of Health and Environmental Control (Department) pursuant to S.C. Code
Ann. § 44-7-110 et. seq. (2002) to operate Townsend Terrace Retirement Home (facility), a
community residential care facility. The facility, located in Bishopville, South Carolina, has a
licensed capacity of ten (10) beds.
2.The Department notified Townsend Terrace Retirement Home by letter dated
October 25, 2004 that it was calling in an $8,700 monetary penalty for repeat violations of 25A
S.C. Code Ann. Regs. 61-84, Standards for Licensing Community Residential Care Facilities
(Supp. 2004), in accordance with the terms of a May 6, 2004 executed Consent Agreement and
Order. The letter advised that this determination would become final thirty (30) days from the
date of the letter unless the facility submitted a written letter of appeal during such thirty-day
period requesting a contested case hearing pursuant to S.C. Code Ann. § 44-7-320(B) (2002) and
the Rules of Procedure for the Administrative Law Court.
3.By letter dated November 15, 2004, the facility submitted a timely appeal. The
Department transmitted the appeal to the Administrative Law Court, and the case was
subsequently assigned to the Honorable Carolyn C. Matthews, Administrative Law Judge. A
contested case hearing was scheduled for May 5, 2005.
4.Prior to the scheduled contested case hearing, the facility advised that it desired to
cease operating as a community residential care facility. Subsequently, Townsend Terrace
Retirement Home and the Department were able to come to a mutual agreement to resolve this
matter.
THEREFORE, IT IS AGREED AND ORDERED
1.The Licensee will voluntarily close Townsend Terrace Retirement Home as a
licensed community residential care facility within thirty (30) days of execution of this Consent
Agreement and Order. At the time of closure, the facility will provide the Department with a list
of residents (with their social security numbers) who have utilized its services within the last
ninety (90) days prior to closure. The Licensee understands that should she seek re-licensure of
this location as a community residential care facility in the future, she will have to meet the
regulatory requirements for initial licensure in place at the time of such application.
2.The Licensee withdraws her request for the contested case hearing pending before
the Administrative Law Court.
3.The Licensee agrees that she will:
A.Provide residents of the facility with a thirty (30) day written notice as to
the closure of this facility and submit a copy of such notification to the
Department within ten (10) days of the notification to each resident;
B.Assist residents in transferring to other appropriate facilities or locations;
C.Ensure that residents are given their personal possessions;
D.Ensure that residents are given their medications (as appropriate);
E.Ensure that residents are given a refund (as appropriate) and submit the
name of each resident given a refund and the amount of the refund given
by the facility to the Department within ten (10) days of processing the
refund;
F.Notify the Department in writing where each resident is transferred, the
date of transfer, and the location address where each resident is transferred
within ten (10) days of the resident’s date of transfer;
G.Notify the Department in writing where resident records will be stored for
the six (6) years following closure of the facility; and
H.Return the last license issued by the Department for this location to
operate as a community residential care facility.
4.Should the facility wish to retain or re-admit any of the residents of this facility
who have resided at the facility within the ninety (90) days prior to its closure, either now or in
the future, it must obtain a current statement signed and dated by a physician licensed to practice
medicine in South Carolina which indicates that this individual does not require the care and
services as provided by a licensed community residential care facility. A copy of this statement
must be submitted to the Department within ten (10) days of the date of execution of this
Consent Agreement and Order or within ten (10) days of the resident’s admission or re-admission to this location.
5.In consideration of the closure of this facility, the Department agrees to suspend
$7,830 of the $8,700 total monetary penalty called in against Townsend Terrace Retirement
Home. Therefore, the facility agrees to submit payment of an $870 monetary penalty to the
Department. Payment of this $870 monetary penalty is to be made to the Department within
thirty (30) days of the execution of this Consent Agreement and Order. Payment is to be made
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
6.The Licensee and the Administrator of the facility understand that Section 101 L
of 25A S.C. Code Ann. Regs. 61-84, Standards for Licensing Community Residential Care
Facilities (Supp. 2004), 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.”
7.The Licensee agrees that neither she nor her agents will 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 unlicensed 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 Ann. § 44-7-320 (2002).
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 Agreement..
9.The Licensee 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 Consent
Agreement and Order.
AND IT IS SO ORDERED.
____________________________________
Carolyn C. Matthews
Administrative Law Judge
April 25, 2005
Columbia, South Carolina |
