ORDERS:
CONSENT ORDER AND AGREEMENT
STATEMENT OF FACTS
1. On February 2, 2000, representatives of the S.C. Department of Health and Environmental Control visited 117 Acorn Drive, Greer,
South Carolina to investigate whether this location was being operated as an unlicensed community residential care facility. The
March 6, 2000 findings of this investigation determined that this location was operated as an unlicensed community residential care
facility. This facility was directed to cease and desist providing care as defined in Regulation 61-84, Standards for Licensing
Community Residential Care Facilities, and Section 44-7-260 of the South Carolina Code of Laws of 1976, as amended.
2. A review of the files of the S.C. Department of Health and Environmental Control indicates that the operator of this unlicensed
community residential care facility, Marth Banks, previously operated a licensed residential care facility. Also, there was previous
finding by the Department of Ms. Banks operating an unlicensed facility at another location.
3. By letter dated April 19, 2000 (ATTACHMENT A), the South Carolina Department of Health and Environmental Control notified
Ms. Banks that it had determined it appropriate to impose a $5000.00 monetary penalty against her for operating an unlicensed
community residential care facility. This letter advised that this determination to impose a $5000.00 monetary penalty would become
final thirty (30) days from the mailing of the letter unless she filed an appeal in accordance with S.C. Code Ann. 2144-7-320(B)
(Supp. 1999).
4. By letter dated May 8, 2000 (ATTACHMENT B), James P. O'Connell, Attorney, filed an appeal on behalf of his client, Martha
Banks.
5. By letter dated August 17, 2000, Petitioner proposed a settlement in this matter which was agreeable to the Department.
THEREFORE IT IS AGREED
1. Martha Banks will immediately transfer all the residents (except 1) at the 117 Acorn Drive, Greer, South Carolina to appropriate
heath care facilities or back to their families.
2. Ms. Banks agrees to immediately notify the Division of Health Licensing, South Carolina Department of Health and Environmental
Control, 2600 Bull Street, Columbia, South Carolina, 29201 in writing as to the names of each resident relocated, date of relocation,
and place (location address) where each resident was relocated.
3. Martha Banks agrees not to operate a community residential care facility without first obtaining a license from the South Carolina
Department of Health and Environmental Control. Furthermore, Ms. Banks understands that a community residential care facility is a
facility which offers room and board and which provides a degree of personal assistance for a period of time in excess of twenty-four
consecutive hours for two or more persons, eighteen years old or older, unrelated to the operator within the third degree of
consanguinity. Included in this definition is any facility (other than a hospital), which offers or represents to the public that it offers a
beneficial or protected environment specifically for the mentally ill or drug addicted or alcoholic, or provides or purports to provide
any specific procedure or process for the cure or improvement of that disease or condition.
4. In consideration of the actions of Martha Banks, the South Carolina Department of Health and Environmental Control agrees to
suspend $3500.00 of the $5000.00 monetary penalty. Martha Banks agrees to submit $1500.00 monetary penalty by check or money
order made payable to the South Carolina Department of Health and Environmental Control. Payment must be submitted to the
following address within thirty days of execution of this Order: Attention: Earl Bleakley, Division of Health Licensing, South
Carolina Department of Health and Environmental Control, 2600 Bull Street, Columbia, South Carolina 29201.
5. Should the Department find Martha Banks operating an unlicensed community residential care facility at the 117 Acorn Drive,
Greer, South Carolina location or any other location in South Carolina, 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.
AND IT IS SO ORDERED.
_____________________________________
CAROLYN C. MATTHEWS
Administrative Law Judge
September 11, 2000
Columbia, South Carolina |
