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:
Boiling Springs Assisted Living vs. SCDHEC

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
Boiling Springs Assisted Living

Respondent:
South Carolina Department of Health and Environmental Control
 
DOCKET NUMBER:
01-ALJ-07-0325-CC

APPEARANCES:
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
 

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


Brown Bldg.

 

 

 

 

 

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