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. Hawthorne Inn Assisted Living

AGENCY:
South Carolina Department of Health and Environmental Control

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

Respondent:
Hawthorne Inn Assisted Living
 
DOCKET NUMBER:
01-ALJ-07-0510-CC

APPEARANCES:
Jerry L. Paul, Director
Division of Health Licensing

Nancy S. Layman
Senior Attorney for Health Regulation

Julie Coates, Administrator
Hawthorne Inn-Greenville

John McCoy
Community Residential Centers, Inc.
Manager and Authorized Representative
 

ORDERS:

CONSENT ORDER AND AGREEMENT

FINDINGS OF FACT



1. Community Residential Centers, Inc. (Licensee) has been the holder of a license



to operate Hawthorne Inn-Greenville (Facility) issued by the South Carolina Department



of Health and Environmental Control (Department/DHEC) pursuant to S.C. Code Ann.



§§ 44-7-110 et seq. (Supp. 2000).



2. By letter dated October 4, 2001, the Department advised the Facility that it was



imposing a $1,750 monetary penalty against it for violations of 25A S.C. Code Ann.



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



Facilities. Citations were for the following violations: a resident had not been examined



by a physician for transfer to an appropriate facility; a hospice resident required



continuous medical supervision and total care for dressing, feeding and bathing; the



administrator did not initiate prompt action to obtain the proper level of care for a



resident; resident medications had not been charted; staff initials were not identifiable on



medication administration records; resident medication labels and medication



administration records were not in agreement; and Facility hot water temperature



exceeded 120 degrees. This letter advised the Facility that the decision would become



final thirty days from the mailing of the notice unless during such thirty-day period the



Facility gave written notice to the Clerk of the DHEC Board requesting a contested case



hearing under S.C. Code Ann. § 44-7-320(B) (Supp. 2000) and Rules of Procedure for



the Administrative Law Judge Division.



3. By letter dated October 24, 2001, the Facility paid $750 of the $1,750



monetary penalty. However, by its letter the Facility also appealed the remainder of the



monetary penalty for the Department's citation of violations of S.C. Code Ann. Regs.



61-84 §§ 403 B. and 403 C. (Supp. 2000).



4. Prior to having an administrative hearing, the parties discussed this matter and the

Facility agreed to initiate action to ensure that violations of §§ 403 B. and 403 C. of



Regulation 61-84 do not occur. The parties agreed that the licensee made every effort to



obtain the proper level of care for the resident; however, the relocation was not



accomplished in a timely manner. The parties agreed to resolve this matter by Consent



Order and Agreement.



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 violations that led to this enforcement



action, the Department has agreed to suspend the remaining $1,000 monetary penalty.



2. If violations of §§ 403 B. and 403 C. of Regulation 61-84 are cited again during



the twelve-month period following execution of this Consent Order and Agreement, 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.



3. The Licensee agrees to post a copy of this Consent Order and Agreement in a



conspicuous location so that residents and visitors may see it.



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



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



Inn-Greenville.



5. The Licensee in no way waives its right of appeal for any further citations as



authorized under the South Carolina Administrative Code.



6. 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 Hawthorne Inn-Greenville, pursuant to S.C. Code Ann.§ 44-7-320



(Supp. 2000), and the Facility administrator has been informed of these potential actions.



7. The Facility agrees to withdraw its contested case pending before the



Administrative Law Judge Division.





AND IT IS SO ORDERED







s/John D. Geathers 2-5-02

John D. Geathers Date

Administrative Law Judge


Brown Bldg.

 

 

 

 

 

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