ORDERS:
CONSENT SETTLEMENT ORDER OF DISMISSAL
This matter is before the Administrative Law Judge Division at the request of the Calhoun for
a contested case hearing following issuance of a letter dated March 6, 2003, by the Department of
Health and Environmental Control (“DHEC”) citing The Calhoun for violations of DHEC Regulation
61-84.503.B.3 and imposing a fine of $18,400.00 for those violations.
The parties have resolved all issues in this matter as follows:
1. Pursuant to its authority under Regulation 61-84.503.P, DHEC agrees to
grant an exception to Regulation 61-84.503.B.3 regarding staffing per floor based on
the actions to be taken by The Calhoun pursuant to this Order.
2. The Calhoun will install a digital monitoring system that will operate on a
24-hour, 7-day a week basis. Cameras will be installed on each floor. Monitors will
be installed on the third and fourth floors, and an existing computer monitor will be
used on the first floor.
3. A dedicated staff member will be assigned to monitor the camera system
from 11:00 p.m. to 7:00 a.m. From 7:00 a.m. to 11:00 p.m., The Calhoun will
document that a staff member has checked one of the three designated monitors every
15 minutes. All staff will be trained to check the monitors on a continual basis in
addition to any other duties they may be assigned. This training will be documented
in the employee’s file.
4. The Calhoun will purchase a spare camera to be installed immediately if
there are any technical problems with the equipment currently in use.
5. The Calhoun will submit its plans for implementation fo the camera system
to DHEC’s Health Facilities Construction Division for review and approval prior to
installation.
6. The Calhoun will ensure that the camera system is properly installed and
is in compliance with any applicable building code requirements.
7. The Calhoun will install the camera system within three weeks of the
approval of the proposed system by the Division of Health Facilities and Construction.
8. The Calhoun will pay a monetary penalty of $5,000.00, payable within sixty
(60) days of execution of this Order.
9. This Order resolves all issues associated with the violations alleged in
DHEC’s letter dated March 6, 2003, and grants final approval to The Calhoun’s
request for an exception to Regulation 61-84.503.B.3. DHEC, however, may take
appropriate action, including but not limited to requiring compliance with Regulation
61-84.503.B.3, if The Calhoun fails to comply with the terms of this Order.
Additionally, DHEC may also require compliance with Regulation 61-84.503.B.3 if
the Department concludes that compliance with the terms of this Order is not
adequately protecting the residents of The Calhoun. The Calhoun reserves its right
as provided by law to contest any action by DHEC.
10. Should there be a change in ownership of the facility, the Licensee must
inform the prospective owner that approval of the exception is not transferable, and
the request for an exception by a new owner must be submitted to the Department for
its approval.
ORDER
Based on the foregoing agreement, it is therefore ORDERED that the parties comply with
the terms of the agreement set forth in this Order. The request for a contested case proceeding is
withdrawn, and this case is dismissed.
AND IT IS SO ORDERED.
_S/_________________________________
CAROLYN C. MATTHEWS
Administrative Law Judge
June 4, 2003
Columbia, South Carolina |
