ORDERS:
CONSENT ORDER AND AGREEMENT
FINDINGS OF FACT
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.
THEREFORE, IT IS AGREED
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.
AND IT IS SO ORDERED.
s/John D. Geathers 12/31/01
John D. Geathers Date
Administrative Law Judge |
