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Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
Lambright's Community Care Homes, Inc. vs. SCDHEC

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
Lambright's Community Care Homes, Inc.

Respondent:
South Carolina Department of Health and Environmental Control
 
DOCKET NUMBER:
96-ALJ-07-0500-CC

APPEARANCES:
n/a
 

ORDERS:

ORDER OF DISMISSAL

The parties have reached settlement and resolution of the above matter. The terms of settlement are set forth in a Consent Order filed with this Court on April 7, 1997.

IT IS THEREFORE ORDERED that the above-captioned case bearing Docket Number

96-ALJ-07-0500-CC is hereby dismissed pursuant to the terms of the Consent Order filed with this Court on April 7, 1997, which is incorporated herein and made a part of this Order of Dismissal.

AND IT IS SO ORDERED.



_______________________________________

STEPHEN P. BATES

ADMINISTRATIVE LAW JUDGE

April 7, 1997

Columbia, South Carolina

f:\960500.wpd



















STATE OF SOUTH CAROLINA


ADMINISTRATIVE LAW JUDGE DIVISION


Lambright's Community Care Homes, Inc., ) Docket No. 96-ALJ-07-0500-CC

)

Petitioner, )

)

vs. ) CONSENT ORDER

)

South Carolina Department of Health )

and Environmental Control, )

)

Respondent. )

__________________________________________)

FINDINGS OF FACT

1. Lambright's Community Care Homes, Inc. ("LCCH") owns and operates four (4) community residential care facilities which must be licensed pursuant to 25A S.C. Code Ann. Reg. 61-84 (1996). The four facilities owned and operated by LCCH are LCCH #1-License CRC-372, #2-License CRC-373, #4-License CRC-383, and #5-License CRC-582. The South Carolina Department of Health and Environmental Control ("DHEC"), Division of Health Licensing ("Division") is responsible for administering R61-84.

2. Representatives from the Division conducted the annual inspection of #1 on September 4, 1996 and the inspections of #2, #4, and #5 on September 19, 1996. On October 2, 1996, a representative from DHEC's Office of Fire and Life Safety conducted the annual fire inspections.

3. On October 21, 1996, the Division notified LCCH by certified mail that "it was appropriate to deny the renewal of these [four] licenses." On November 18, 1996, LCCH appealed DHEC's decision not to renew its facility licenses.

4. With regard to LCCH #1 and #2:

a. LCCH agrees to withdraw its applications for renewal of both licenses and withdraw the appeal of DHEC's decision not to renew the respective licenses;

b. certain patients residing at LCCH who need a degree of personal assistance pursuant to R61-84, §101(e) have been transferred. For any remaining patients needing a degree of personal assistance, LCCH agrees to contact the respective placement agencies and family members, if any, to assist with the

transfer and to notify the Division of such contact. When such patients are transferred, LCCH will notify the Division of the patient names, dates of transfer and place of transfer;

c. the LCCH agrees not to operate #1 and #2 as residential care facilities, absent appropriate regulatory approvals;

5. With regard to LCCH #4 and #5:

a. effective June 2, 1997, except as provided in subparagraph c below, the LCCH agrees to withdraw both the application for renewal of the licenses and the appeal of DHEC's decision not to renew the licenses;

b. Ms. Maryam Shareef will sign a lease, effective June 1, 1997, to operate the facilities as residential care facilities which effectiveness is contingent upon Ms. Shareef being able to obtain from the Division a license pursuant to R61-84 and hiring a licensed community residential care administrator, other than Mr. Clifford Lambright, Mrs. Mary Lambright or Mr. Eric Lambright, on or before June 1, 1997.

c. alternatively, Mary Ann Lambright, Licensee, has executed a Listing Agreement to sell the facilities, other than to Mr. Clifford Lambright, Mrs. Mary Lambright or Mr. Eric Lambright. If the facilities are to be sold for use as residential care facilities, prior to the closing of such sale, all existing violations must be corrected, the Division notified that the corrections have been made and the Division must verify the corrections. Such sale, if any, must be accomplished on or before June 1, 1997, provided that, if the division's verification of the corrections is pending on June 1, 1997, the date of the sale is extended to three (3) business days after LCCH receives the division's verification.

d. in the event that neither subparagraphs b nor c above are accomplished, the LCCH agrees immediately and expeditiously to begin transferring all patients

in need of a degree of personal assistance pursuant to R61-84, §101(e) and not to operate the facilities as community residential care facilities without appropriate regulatory approvals. For patients needing a degree of personal

assistance, LCCH agrees to contact the respective placement agencies and family members, if any, to assist with the transfer and notify the Division of such contact. When the patients are transferred, LCCH agrees to notify the Division of the patient names, dates of transfer and place of transfer. If by May 16, 1997, the conditions of subparagraphs b and c herein have not been met, the LCCH will begin attempting to identify facilities in which to place patients needing a degree of personal assistance, provided that LCCH does

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not have to begin transferring such patients until June 2, 1996, or such other date as provided in subparagraph c above.

6. The LCCH agrees keep patient records for patients at #1, #2, and #4, #5 of 10 years. The records will be stored at its storage facility located at 9917 Wilson Blvd., Blythewood, SC 29016 or such other site acceptable to DHEC;

7. The LCCH recognizes the violations cited in the Division's letter of October 21, 1996, but has presented mitigating factors.

8. The LCCH agrees to comply with the Patient Bill of Rights, R61-84, §209, when it transfers any patient in need of a degree of personal assistance.

9. As part of this Consent Order, DHEC agrees not seek to or impose any fines on LCCH.

CONCLUSIONS OF LAW

1. DHEC, through the Division, has the authority to regulate community residential care facilities, including LCCH #1, #2, #4 and #5 pursuant to the provisions of R61-84.

2. As set forth in the Division's letter of October 21, 1996, LCCH was in violation of certain requirements of R61-84, but has presented mitigating factors as to those violations.

3. Because LCCH and DHEC wish to resolve this matter in the most expeditious manner, both LCCH and DHEC consent to the terms of this order.

THEREFORE, it is ordered pursuant to the consent of both parties hereto:

1. In accordance with the Findings of Fact, paragraph 4 above, LCCH withdraws both its request for renewal of its licenses to operate #1 and #2 as community residential care facilities and appeal of DHEC's decision on October 21, 1996, and will comply with the conditions of paragraph 4 above.

2. In accordance with the Findings of Fact, paragraph 5 above, effective June 2, 1997, or such other date as complies with paragraph (5c), LCCH withdraws its request for renewal of its licenses to operate #4 and #5 as community residential care facilities and withdraw its appeal of DHEC's decision of October 21, 1996, and will comply with the conditions of paragraph 5 above.

3. For ten (10) years, LCCH will keep patient records for patients at #1, #2 and #4, #5 stored at its storage facility located at 9917 Wilson Blvd., Blythewood, SC 29016, or some other site acceptable to DHEC, and will comply with the Patient Bill of Rights, R61-84, §209, when it transfers any patient in need of a degree of personal assistance.

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4. At this time, the public interest would not be served by any further action against

LCCH.

AND IT IS SO ORDERED.



April 7, 1997 ________________________________

STEPHEN P. BATES

ADMINISTRATIVE LAW JUDGE

WE CONSENT:

For the South Carolina Department of Health and Environmental Control



________________________________ Date: 4/7/97

Alan Samuels, Director

Division of Health Licensing



________________________________ Date: 4/7/97

William A. Ready, III, Esq.

Staff Counsel



For Lambright's Community Care Homes, Inc.



________________________________ Date: 4/7/97

Mary Ann Lambright

Licensee



________________________________ Date: 4/7/97

M. Elizabeth Crum, Esq.

Attorney for LCCH


Brown Bldg.

 

 

 

 

 

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