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 |