South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
Merisier’s Quality Care vs. DHEC

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
Merisier’s Quality Care

Respondent:
South Carolina Department of Health and Environmental Control
 
DOCKET NUMBER:
02-ALJ-07-0483-CC

APPEARANCES:
Dennis L. Gibbs, Director
Division of Health Licensing

Nancy S. Layman
Chief Attorney for Health Regulation

Peggy A. Merisier, Administrator/Licensee
Merisier’s Quality
 

ORDERS:

CONSENT AGREEMENT AND ORDER

STIPULATIONS OF FACT



1.Peggy Merisier has been the holder of a license to operate a community

residential care facility, Merisier’s Quality Care (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). Merisier’s Quality Care , located on

John’s Island, South Carolina, has a licensed capacity of 10 (ten) beds.

2.The Department notified Merisier’s Quality Care by letter dated October

7, 2002, that it was imposing a $2,200 monetary penalty for operating without a

licensed community residential care facility administrator. The letter advised that this

determination would become final thirty days from the date of the letter unless the

facility filed an appeal in accordance with S.C. Code Ann. § 44-7-320(B)(2002). In

addition, the letter stated that unless the facility immediately obtained the services of

a licensed community residential care facility administrator, the Department would

initiate additional action against the facility.

3.By letter dated October 24, 2002, the facility filed an appeal of the


Department’s decision to impose a $2,200 monetary penalty.

4. On February 4, 2003, the Department received notification from the S.C.

Board of Long Term Health Care Administrators that it had issued Peggy A. Merisier

a provisional license as a community residential care facility administrator.

6.On February 12, 2003, Peggy Merisier met with representatives of the

Department to seek settlement of the penalties imposed. By letter dated February 13,

2003, Ms. Merisier proposed to pay the Department a $2,000 monetary penalty. Also,

by letter dated February 12, 2003, Ms. Merisier advised that she was going to close

this facility no later than March 12, 2003. These proposals were acceptable to the

Department.

THEREFORE, IT IS AGREED

1.The Licensee will withdraw its contested case pending before the

Administrative Law Judge Division.

2.In consideration of the remedial action taken by the facility, the

Department agrees to suspend $200 of the $2,200 monetary penalty

assessed against Merisier’s Quality Care. Therefore, the facility agrees to submit

payment of a monetary penalty of $2,000. Payment of this $2,000 monetary

penalty shall be paid by the facility in two payments of $1,000 each. The first

payment of $1,000 is due and payable to the Department no later than 30 (thirty)

days from the execution of this Consent Order Agreement. The remaining

$1,000 of the $2,000 penalty is due and payable to the Department no later than 60

(sixty) days from the execution of this Consent Agreement. The facility also has the

option of paying the full amount in one payment due no later than thirty days from the

date of the execution of this Consent Agreement, should it desire to do so. Payment

by check or money order made payable to the S.C. Department of Health and

Environmental Control must 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

3.The Licensee agrees to close the facility no later than March 12, 2003.

The Licensee understands should she seek to operate a community residential care

facility at this location or any other location within the State of South Carolina, she

must seek approval and licensure from the Department. The facility understands and

agrees that at the time of closure of the facility or sooner, it must immediately advise

the Department in writing:

A. Of the location address where each resident was relocated, and when;

B.That each resident received his personal possessions including his personal spending monies;

C.That each resident received his medications, as appropriate;

D.That each resident received a refund, as appropriate;

E.That a transfer summary was provided to any licensed facility where a resident was transferred; and

F.Of the storage location of resident records for the six years following their discharge from the facility.

Additionally, the facility agrees to return the last license issued by the Department for

it to operate as a community residential care facility.

4. It is understood by the Licensee that S.C. Code Ann. § 44-7-320(D)

(2002) states that “Failure 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 a person or facility have been

paid.”

AND IT IS SO ORDERED

4-24-2003

Ray N. StevensDate

Administrative Law Judge


Brown Bldg.

 

 

 

 

 

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