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. |