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.
3
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 |
