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

Boiling Springs Assisted Living vs. SCDHEC

South Carolina Department of Health and Environmental Control

Boiling Springs Assisted Living

South Carolina Department of Health and Environmental Control

John D. Geathers
Administrative Law

Jerry L. Paul, Director
Division of Health Licensing

Nancy S. Layman
Senior Attorney for Health Regulation

Ted P. Jones, Vice President of Operations
Horizon Bay Senior Communities

Robert C. Cecil, Administrator
Boiling Springs Assisted Living




1. Integrated Living Communities of South Carolina, L.L.C. (Licensee) has been

the holder of a license to operate Boiling Springs Assisted Living Community (Facility)

issued by the South Carolina Department of Health and Environmental Control

(Department) pursuant to S.C. Code Ann. §§ 44-7-110 et seq. (Supp. 2000).

2. By letter dated July 13, 2001, the Department advised the facility that it was

imposing a $5,000.00 monetary penalty against it for violations of 25A S.C. Code Ann.

Regs. 61-84 (Supp. 2000), Standards for Licensing Community Residential Care

Facilities. Violations included a lack of documentation that staff had been

trained/inserviced on Alzheimer's/Dementia residents per facility policy, which required

annual inservice instruction in regard to this disease, and a lack of documentation that

continuous supervision had been provided for a resident whose mental condition required

such supervision; further, the Facility lacked an updated care plan for a resident where

the Facility notes of observation and 24-hour report logs indicated a progressive change

in the resident's behavior. This letter advised that this decision would become final thirty

days from the mailing of the notice unless during such 30-day period the Facility gave

written notice requesting a hearing under S.C. Code Ann. § 44-7-320(B) (Supp. 2000)

and the Rules of Procedure for the Administrative Law Judge Division.

3. By letter dated July 23, 2001, the Facility filed a timely appeal.

4. Prior to having an administrative hearing on this matter, the parties met on

November 13, 2001, to discuss possible settlement. As a result of this meeting, Facility

Representatives provided the Department with additional information demonstrating that:

1) this facility had staff training on April 6, 2001 regarding Alzheimer's/Dementia, 2) the

facility had met the required staffing ratio, and 3) the facility provided a clarification for

one of the staff notes for a client who had left the facility unsupervised. The Department

and the facility reached an agreement to settle this matter before an administrative

hearing was held.


1. Due to assurances that the Facility now has in place procedures to safeguard

residents and to prevent a recurrence of the events that resulted in violations being cited

and led to this enforcement action, the Department has agreed to suspend $2,500.00 of

the $5,000.00 monetary penalty.

2. The Facility agrees to submit payment of the $2,500.00 by check or money order

made payable to the S.C. Department of Health and Environmental Control. Payment is

to be made within thirty days of execution of this Consent Order. 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, S.C. 29201

3. It is understood by the Licensee that S.C. Code Ann. § 44-7-320(D) (Supp. 2000)

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 against a person or facility have been paid."

4. If violation(s) previously cited recur in subsequent inspections by the

Department during the twelve-month period following execution of this Consent

Order, the Department may require payment of all or part of the suspended portion

of the assessed penalty and/or may impose an additional penalty payable to the

Department pursuant to 25A S.C. Code Ann. Regs. 61-84 (Supp. 2000), and the

Licensee shall immediately pay to the Department the assessed penalty.

5. The Licensee agrees to post a copy of this Consent Order in a conspicuous

location so that residents and visitors may see it.

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

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

Springs Assisted Living Community.

7. It is further agreed 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 Boiling Springs Assisted Living Community, pursuant to S.C.

Code Ann. § 44-7-320 (Supp. 2000), and the facility administrator has been informed of

these potential actions.

8. The Facility agrees to withdraw its appeal of the civil monetary penalty pending

before the Administrative Law Judge Division.


s/John D. Geathers 12/31/01

John D. Geathers Date

Administrative Law Judge

Brown Bldg.






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