ORDERS:
CONSENT AGREEMENT AND ORDER
STIPULATIONS OF FACT
1. Bio-Medical Applications of South Carolina, Inc., d/b/a Anderson Dialysis Clinic (Facility), is the holder of a license to
operate a dialysis clinic issued by the South Carolina Department of Health and Environmental Control (Department)
pursuant to S.C. Code Ann. §§ 44-7-110 et seq. (2002).
2. The Department inspected the Facility on January 25, 2002, and notified the Facility by letter dated June 18, 2002, that it
was imposing a $4,000 monetary penalty for violations and repeat violations of 25A S.C. Code Ann. Regs. 61-97,
Standards for Licensing Renal Dialysis Facilities (Supp. 2001). The letter advised that this determination would become
final thirty 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
Judge Division was submitted.
3. By letter dated July 15, 2002, the Facility submitted an appeal.
4. Prior to proceeding to an administrative hearing, the parties met to review the citations and to discuss possible settlement
options. The Facility advised the Department that it had initiated a corrective-action plan not only to correct the violations,
but also to ensure that these violations would not be repeated. Subsequently, the Facility and the Department were able to
come to a mutual agreement to resolve this matter.
THEREFORE, IT IS AGREED
1. The Facility has initiated action to ensure that violations are not repeated.
2. The Facility will withdraw its contested case pending before the Administrative Law Judge Division.
3. In consideration of the remedial action taken by the Facility, the Department agrees to suspend $1,000 of the $4,000 total
monetary penalty assessed against the Facility. Therefore, the Facility agrees to a $3,000 payment within thirty (30) days of
execution of this Consent Agreement and Order. Payment is to be by check or money order made payable to the South
Carolina Department of Health and Environmental Control. This payment 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, SC 29201
4. It is understood by the Facility that S.C. Code Ann. § 44-7-320(D) provides that "[f]ailure 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 against a person or facility have been paid."
5. It is further acknowledged by the Facility 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 the Facility, pursuant to
S.C. Code Ann. § 44-7-320 (2002).
6. The Department in no way waives its authority to enforce, by imposing penalties or otherwise, any statutory and
regulatory requirements for the licensure of the Facility. Similarly, the Facility in no way waives its right to question,
appeal, or in any way contest future penalties or fines imposed by the Department or otherwise.
AND IT IS SO ORDERED.
s/John D. Geathers 1/08/03
JOHN D. GEATHERS Date
Administrative Law Judge
WE CONSENT:
s/Dennis L. Gibbs 01/06/03
Dennis L. Gibbs, Director Date
Division of Health Licensing
s/Nancy L. Roberts 1/7/03
Nancy L. Roberts, Health Regulations Attorney Date
Department of Health and Environmental Control
s/William D. Britt, Jr. 12/23/02
William D. Britt, Jr., Esquire Date
Attorney for Anderson Dialysis Clinic
s/Deborah Harvey 12/19/02
Deborah Harvey, President, East Business Unit Date
Bio-Medical Applications of South Carolina, Inc.,
d/b/a Anderson Dialysis Clinic |
