ORDERS:
CONSENT ORDER AND AGREEMENT
The parties to this litigation, wishing to end their differences prior to a hearing by an Administrative Law
Judge, agree as follows:
1. The Department is a state agency designated to license and regulate community residential care facilities
within the State of South Carolina. S.C. Code Ann. §§ 44-7-110 to 370 (Law. Co-op. 1999).
2. On October 25, 2000, two investigators with the Department of Health and Environmental Control
investigated a complaint regarding Blairhaus, Inc. The representatives of the Department obtained an
administrative search warrant for this investigation. In addition, the investigators interviewed residents, staff,
and a family member of a resident. The investigators reviewed admission contracts and the facilities.
3. As a result of the investigation, the Department determined that the facility was in violation of S.C. Code
Ann. §44-7-270 (Law. Co-op. 2000) and §102 (a) of South Carolina Regulation 61-84 regarding standards
for licensing community residential care facilities. The Department directed Blairhaus to immediately cease
providing services for which a license is required and to relocate residents.
4. The Department advised Blairhaus that it was imposing a $100.00 monetary penalty for each day of
operation in violation of South Carolina Code § 44-7-260. In addition, the Department advised Blairhaus that
it was calling in a payment of $4,000.00 based upon the April 25, 2000, Consent Order.
5. Blairhaus objected to the findings of the Department and filed this action. Among other objections,
Blairhaus asserted that it was not a community residential care facility and that it did not provide services
which required a license. Blairhaus advised the Department that none of its employees cared for any
residents at the facility. Blairhaus indicated that all residents in the facility are cared for by their families or
through contracts with third parties for sitter type services. Thus, none of Blairhaus' employees provided
services for which a community residential care facility license is required.
6. This proceeding is the second proceeding between the Department and Blairhaus. On April 25, 2000, a
Consent Order between the Department and Blairhaus was filed with this court(docket number 00-ALJ-07-0044-CC).
7. To resolve the dispute, Blairhaus provided the Department copies of its policy and procedures, signed and
dated by residents who may require assistance. The policy provides that Blairhaus' staff do not and will not
provide services to its residents which require a community residential care facility license. The policy sets
forth the procedures residents may use to obtain third party sitter services.
8. The Department and Blairhaus have agreed to resolve their dispute as follows:
a. The Department agrees to suspend the $100 per day monetary penalty which has been assessed and agrees
to suspend $3,000 of the $4,000 call in penalty.
b. Blairhaus agrees to pay the sum of $1,000.00 within (10) days of the date this order is signed by the
Administrative Law Judge. Payment will be submitted to the South Carolina Department of Health and
Environmental Control at the following address:
Attention: Earl Bleakley
Division of Health Licensing
S.C. Department of Health and Environmental Control
2600 Bull Street
Columbia, SC 29201
c. Blairhaus agrees that it will not provide 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.
d. Blairhaus agrees not to operate on unlicenced community residential care facility at its current location or
any other location within the state of South Carolina.
e. If the Department finds that Blairhaus is operating an unlicenced community residential care facility within
twelve months from the date of this order, the Department may call in all or part of the monetary penalty
which has been suspended by this Consent Order and initiate whatever additional action it deems necessary.
f. The Department in no way waives its authority to enforce, by imposing penalties or otherwise, all statutory
requirements for licensure of community residential care facilities.
AND IT IS SO ORDERED.
July 18, 2001
Date Ralph K. Anderson, III
Administrative Law Judge |
