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:
SCDHEC vs. The Meadows of Conway

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioners:
South Carolina Department of Health and Environmental Control

Respondents:
The Meadows of Conway
 
DOCKET NUMBER:
06-ALJ-07-0016-CC

APPEARANCES:
n/a
 

ORDERS:

CONSENT AGREEMENT AND ORDER

FINDINGS OF FACT

1.                  Abaris-South Carolina, Inc.(Licensee) is the holder of a license to operate a

community residential care facility 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 Conway, South Carolina, has a licensed

capacity of ninety-eight (98) beds.

2.                  The Department notified The Meadows of Conway by letter dated December

29, 2005 that it was imposing a $21,000 monetary penalty for violations and repeat

violations of 25A S.C. Code Ann. Regs. 61-84, Standards for Licensing Community

Residential Care Facilities (Supp. 2004). 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 January 9, 2006, Audrey J. Smith, Administrator, The

Meadows of Conway, submitted a timely appeal of the Department’s decision to

impose this monetary penalty.

4. The Department, on information and belief that there had been an

improper change of ownership of this facility from Abaris-South Carolina, Inc. to

Caremerica, Inc., initiated action by letter dated April 11, 2006, to suspend the license

of this facility. Caremerica, Inc. also conducted business in the State of South

Carolina under the name of The Meadows of Conway, Inc. When no appeal of this

suspension was filed, the Department notified the facility by letter dated June 2, 2006

that the suspension was final.

4.                  On June 20, 2006, Steven H. John, Presiding Judge, 15th Judicial Circuit,

appointed a receiver for this facility (Long Hill South Carolina, LLC) other than

Abaris-South Carolina, Inc. or Caremerica, Inc.

5.                  By letter dated July 21, 2006, Mr. Ron Burrell, President, Caremerica,

Inc., notified the Department that he was willing to settle this matter prior to our

going to a contested case hearing. After some discussions, the parties were able to

reach a mutually agreeable settlement of this matter.

THEREFORE, IT IS AGREED

1.                      Caremerica, Inc. agrees to withdraw its request for a contested case hearing

before the Administrative Law Court.

2.                      In consideration of the fact that Caremerica, Inc. is no longer a participant in

the operation of The Meadows of Conway, the Department agrees to reduce the

monetary penalty amount by $5,500. Therefore, the total monetary penalty owed the

Department is $15,500. Caremerica, Inc. agrees to submit payment of a $15,500

monetary penalty to the Department within thirty (30) days of execution of this

Consent Order. Payment is to be by cashiers 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

3.                      The Department in no way waives its authority to enforce, by imposing

penalties or otherwise, all statutory and regulatory requirements for the licensure of

The Meadows of Conway.

4.                      This Consent Agreement and Order constitutes the entire agreement

between the parties with respect to the resolution and settlement of the matters 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.

5.                      Caremerica, Inc. 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 to any entity not a

party to this order.

AND IT IS SO ORDERED.

August 30, 2006

The Honorable Carolyn C. Matthews Date

Administrative Law Judge

WE CONSENT:

08/22/06 Dennis L. Gibbs, Director Date

Division of Health Licensing

08/22/06 Ashley C. Biggers Date

Staff Attorney for Health Regulation

08/10/06

Ronald Burrell, President Date

Caremerica, Inc.


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