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 |