ORDERS:
CONSENT ORDER AND AGREEMENT
The South Carolina Department of Health and Environmental Control (Department/DHEC) is
the agency of the State of South Carolina responsible for administering the State Certification of
Need and Health Facility Licensure Act, S.C. Code Ann § 44-7-110 through § 44-7-370 (Supp.
2000); S.C. Code Regs. 61-84 (Supp. 2000), Standards for Licensing Community Residential
Care Facilities. Midway Residential Care Facility #2 is a community residential care facility
(CRCF) in Moore, South Carolina, licensed by the Department, with a capacity of 25 residents.
The Department and Midway have agreed to the issuance of this Consent Order and Agreement,
to include the following Findings of Fact:
FINDINGS OF FACT
- On October 19, 2000, Department representatives visited Midway Residential
Care Facility #2 (Midway) to conduct a follow-up inspection subsequent to its July 13, 2000
inspection.
During this inspection, violations and repeat violations of S.C. Code Reg. 61-84, Standards for
Licensing Community Residential Care Facilities, were cited. Of particular significance, 24
Class I violations and repeat violations pertained to errors in the administration of medications to
residents. An additional Class I violation was the failure to document an accident/incident that
had occurred on October 16, 2000. The remaining 29 Class II and Class III violations and repeat
violations involved, among other violations, areas such as facility maintenance, food storage
practices and overall facility cleanliness.
2. Based upon the new and repeat violations, the Department imposed a monetary penalty of
three thousand two hundred dollars ($3,200) pursuant to S.C. Code Ann. § 44-7-320 (" . . . the
Department may deny, suspend, or revoke licenses or assess a monetary penalty for violations of
provisions of law or departmental regulations. . . ."
3. By certified letter dated January 18, 2001, the Department notified Midway of the penalty and
Midway's right to appeal within 30 days of the mailing of the notice.
4. By letter to the DHEC Clerk of the Board, James Cantrell, Midway Administrator, appealed
the Department's penalty by letter dated February 17, 2001.
5. The Department forwarded the appeal to the Administrative Law Judge Division on February
26, and the Hon. Ralph King Anderson, III, was assigned to hear the matter.
6. In response to the Order for Prehearing Statements, DHEC filed its Prehearing
Statement on March 22, 2001.
7. On March 23, 2001, by letter to the ALJD, Robert A. Hammett, Esquire advised that he was
representing Midway and asked for an extension of time to file the Petitioner's Prehearing
Statement since the Petitioner and the Department would be discussing settlement of the case.
8. On April 13, 2001, the parties met to discuss resolution of issues regarding
Petitioner's violations of S.C. Code Regs. 61-84.
9. By letter to the Division of Health Licensing dated April 18, 2001, Mr. Hammett advised that
"...all deficiencies . . . have now been corrected in all areas."
10. Following the Department's request for a more detailed explanation of
corrections, the Petitioner sent a report prepared by the Administrator of Midway on July 11,
2001. That report specifically indicated how each violation had been corrected and would
remain corrected.
11. Since then, in an attempt to resolve this matter, attorneys for the Petitioner and the
Department have held several conversations regarding the facility, its corrective actions and the
penalty imposed by the Department. As a result, the parties have agreed to the issuance of this
Consent Order and Agreement.
THEREFORE, IT IS AGREED
Pursuant to S.C. Code Ann. § 44-7-320 (Supp. 2000) and with the consent of Midway
Residential Care Facility #2:
1. Petitioner agrees to withdraw its request for a contested case hearing, Docket No. 01-ALJ-07-0100-CC, filed with the Administrative Law Judge Division on February 26, 2001.
2. Petitioner will continue actions to ensure that it fully complies with the
requirements of S.C. Code Regs. 61-84, Standards for Licensing Community Residential Care
Facilities.
- In consideration of the facility's action to correct current violations, the
Department agrees to suspend twelve hundred dollars ($1,200) of the three thousand two
hundred dollar ($3,200) monetary penalty assessed against Midway. Therefore, Midway shall
pay to the Department a civil monetary penalty in the amount of two thousand dollars ($2,000),
due within 30 days of this fully executed agreement.
- It is further agreed that future violations or repeat violations of the community
residential care regulations or applicable licensing statutes may result in the imposition of
additional penalties, including revocation of the license to operate Midway Residential Care
Facility #2, and the facility administrator has been informed of these potential actions.
AND IT IS SO ORDERED.
____________________________________ August 15, 2001
Ralph King Anderson, III Date
Administrative Law Judge |
