ORDERS:
CONSENT ORDER
STATEMENT OF FACTS
1. Choice Health Care Services, Inc. has been the holder of a license to operate Choice
Health Care Services (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.
1999).
2. By letter dated March 1, 2000, the Office of Research and Statistics of the S.C. Budget
and Control Board advised the Department of its failed efforts to secure the data from the facility. This letter also requested
any assistance that the Department could provide to assist in collection of this data.
3. By letter dated March 8, 2000 ( Attachment A ), the Department advised the
facility that it had received notification from the Office of Research and Statistics of the
S.C. Budget and Control Board that the facility had not submitted data as required. Also, this
letter advised that failure to submit the required data to the Office of Research and Statistics of
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Choice Health Care Services
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the S.C. Budget and Control Board would be a violation of Section 301 of S.C. Code Reg. 61-77
(Supp. 1999) ,Standards for Licensing Home Health Agencies. Furthermore, this letter advised
that failure to submit this data to the Office of Research and Statistics of the S.C. Budget and
Control Board within ten days of the receipt of this letter would lead the Department to consider
initiating an enforcement action against the facility. This March 8, 2000 letter was received by
the facility on March 9, 2000.
4. When the Office of Research and Statistics failed to receive the required data within the
ten day time frame addressed in the Department's letter of March 8, 2000, the Department
notified the facility by letter dated March 24, 2000, (Attachment B), that it was suspending the
license of Choice Health Care Services and also imposing a $100.00 a day monetary penalty for
each day following the March 20, 2000 deadline that the facility had not submitted the
information to the Office of Research and Statistics of the South Carolina Budget and Control
Board.
5. By letter dated March 28, 2000, the facility submitted a timely appeal of the
Department's decision to impose a penalty.
6. By letter dated March 30, 2000, the facility advised that it had submitted required
data to the Office of Research and Statistics of the South Carolina Budget and Control Board.
7. The Office of Research and Statistics of the South Carolina Budget and Control
Board advised the Department that although they had received data from the facility on March
31, 2000, they were unable to open the files due to the data being saved in the wrong format.
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8. The Office of Research and Statistics of the South Carolina Budget and Control
Board received the data in an useable format on April 5, 2000. Subsequently, they notified the
Department of receipt of this data.
9. On April 12, 2000, the Department contacted the facility and advised that the
Office of Research and Statistics of the South Carolina Budget and Control Board had confirmed
receipt of the required data from the facility. The Facility was advised that the
Department would discuss settlement of the penalty imposed by the Department as was
suggested by the facility in its March 30, 2000 letter to the Department. A settlement was reached
whereby the Facility would pay the Department a $1,000.00 monetary penalty.
THEREFORE, IT IS AGREED
1. The Licensee will initiate action to ensure that this violation is not repeated.
- In consideration of the remedial action taken by the facility, the Department
agrees to suspend $500.00 of the $1,500.00 monetary penalty assessed against Choice Health
Care Services. Therefore, the penalty amount due and payable to the Department within ten days
of execution of this Consent Agreement is $1,000.00. Also, the Department agrees to lift the
suspension of new clients to the facility. Payment of this $1,000.00 monetary penalty must be by
check or money order made payable to the S.C. Department of Health and Environmental
Control and 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
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3. It is understood by the Licensee that S.C. Code Ann. § 44-7-320 (D) (Supp. 1999)
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 this violation is repeated 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 immediately in accordance with Section 302 F., S.C. Code Regs. 61-77 (Supp.
1999), and the Licensee shall immediately pay to the Department the assessed penalty.
5. The Department in no way waives its authority to enforce, by imposing penalties
or otherwise, all statutory and regulatory requirements for the licensure of Choice Health Care
Services.
6. It is further agreed that future violations or repeat violations of the regulations or
applicable licensing statues may result in the imposition of penalties or revocation of the license
to operate Choice Health Care Services, pursuant to S.C. Code Ann. § 44-7-320 (Supp. 1999)
and the facility administrator has been informed of these potential actions.
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AND IT IS SO ORDERED
Date:
Administrative Law Judge |
