ORDERS:
CONSENT AGREEMENT AND ORDER
STATEMENT OF FACTS
1. Barbara Lee Gainey has been the holder of a license to operate Eva Woods Country Inn
(Facility) issued by the South Carolina Department of Health and Environmental Control (DHEC/Department) pursuant to
S.C. Code Ann. § 44-7-110 et seq. (Supp. 2000). Eva Woods Country Inn is a community residential care facility located
in Travelers Rest, South Carolina, licensed since 1998 for 15 residents.
2. Completing a complaint investigation begun September 14, 2000, Department inspectors
visited Eva Woods County Inn on September 27, 2000, and cited the Facility for violations and repeat violations of S.C.
Code Ann. Regs. 61-84 (Supp. 2000), Standards for Licensing Community Residential Care Facilities. The Department
cited at least 30 Class I, II and III violations, including the Facility's failure to have a licensed administrator and its
retention of a resident whose medical condition required transfer to a more appropriate facility.
3. The Department notified the Facility by letter dated September 29, 2000, that it had revoked the license of Eva Woods
Country Inn as a community residential care facility and was also imposing a $10,450 civil monetary penalty due to
violations and repeat violations cited on September 27, 2000. This letter advised the Facility that the determination would
become final thirty days from the mailing of the letter unless during such thirty-day period the Clerk of the DHEC Board
received a written appeal for a hearing.
4. By letter dated October 9, 2000, the Facility submitted an appeal to the Clerk of the DHEC
Board, which the Department forwarded to the Administrative Law Judge Division.
5. This matter was originally scheduled to be heard on June 26, 2001. Counsel for Petitioner
requested a continuance. By Order dated June 27, 2001, a hearing was rescheduled for September 24, 2001. At
Petitioner's request the hearing was again rescheduled for December 12, 2001. By Order dated October 2, 2001, the
Administrative Law Judge rescheduled the hearing for December 18, 2001.
6. On December 17, 2001, the parties agreed to resolve the matter by Consent Agreement.
7. Presently, all residents of the Facility have been relocated to appropriate health care facilities or
to their families. In addition, Ms. Gainey is not operating any locations or facilities for residential care clients.
8. The following represents the terms negotiated between the parties.
THEREFORE, IT IS AGREED
1. Barbara Lee Gainey agrees to the revocation of her license to operate Eva Woods
Country Inn, a community residential care facility. Ms. Gainey further agrees that she will not operate, manage, consult
with, assist in the operation of, own any interest in, act as administrator, or in any way or manner be involved in a paid or
unpaid position at a community residential care facility, whether the facility is licensed or unlicensed.
2. Ms. Gainey further understands that a community residential care facility as defined in
Regulation 61-84, Standards for Licensing Community Residential Care Facilities, 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 client, or provides or
purports to provide any specific procedure or process for the cure or improvement of that disease or condition.
3. In consideration of the actions of Ms. Gainey, the South Carolina Department of Health and
Environmental Control agrees to suspend the $10,450 civil monetary penalty.
4. Should the Department find Barbara Lee Gainey operating or in any way or manner being
involved in the operation of either a licensed or an unlicensed community residential care facility at any location in South
Carolina, the South Carolina Department of Health and Environmental Control may require payment of all or part of the
suspended penalty and may impose additional monetary penalties payable to the Department immediately.
5. Petitioner's appeal is hereby withdrawn, and all administrative matters are hereby resolved.
AND IT IS SO ORDERED.
C. Dukes Scott
Administrative Law Judge
February 12, 2002 |
