ORDERS:
CONSENT AGREEMENT AND ORDER
FINDINGS
OF FACT
1. Community Health Services, Inc. (Licensee) is the holder of a license to
operate a community residential
care facility (CRCF) licensed 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 Laurens, South Carolina,
has a licensed capacity of
twenty-six (26) beds.
2. The Department notified Bridgeway Community Residential Care by letter
dated March 17, 2006 that it was imposing a $12,500 monetary penalty for violations
and repeat violations of 25A S.C.
Code Ann. Regs. 61-84, Standards for Licensing
Community Residential Care
Facilities (Supp. 2005). 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 April 4, 2006, the facility filed an appeal of the
Department’s
decision to impose a $12,500
monetary penalty with the Administrative Law Court.
4. On April 5, 2006, the parties met to determine if a mutual agreement
could
be reached to resolve this
matter. At this meeting, Bridgeway Community Residential
Care advised the Department of
the steps it was taking to ensure that these violations
were not repeated.
THEREFORE,
IT IS AGREED
1. The Licensee agrees to initiate steps to ensure that violations and
repeat
violations of 25A S.C. Code Ann.
Regs. 61-84 are not repeated.
2. The Licensee agrees to withdraw its request for a contested case hearing
before the Administrative Law Court
3. In consideration of the remedial action taken by the Licensee, the
Department agrees to suspend
$6,250 of the total $12,500 monetary penalty.
Therefore, the Licensee agrees to
submit payment of the $6,250 monetary penalty to
the Department. Payment of this penalty
is to be made to the Department in two
installment payments of $3,125.
The first installment payment of $3,125 is due and
payable to the Department within
thirty (30) days of execution of this Consent
Agreement and Order. The second
installment payment of $3,125 is due and payable
within sixty days of execution of
this Consent Agreement and Order. Payments are to
be by check or money order made
payable to the S.C. Department of Health and
Environmental Control. Payment of
these monies 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. If violation(s) previously cited recur in subsequent inspections by the
Department during the
twelve-month period following execution of this Consent
Order and Agreement, the
Department may require payment of all or part of the
suspended portion of the assessed
penalty, and the Licensee shall immediately pay to
the Department the penalty
assessed.
5. The Department in no way waives its authority to enforce, by imposing
penalties or otherwise, all
statutory and regulatory requirements for the licensure of
Bridgeway Community Residential
Care.
6. 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 Bridgeway Community Residential
Care, pursuant to S.C. Code Ann.
§44-7-320 (2002), and the facility administrator has
been informed of these potential
actions.
7. This Consent Agreement and Order constitutes the entire agreement
between the parties with respect
to the resolution and settlement of the matter 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.
8. Bridgeway Community Residential Care 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.
5/19/06
John D. McLeod
Date
Administrative Law Judge |
