ORDERS:
CONSENT ORDER AND AGREEMENT
STIPULATIONS OF FACT
1. Pursuant to S.C. Code Ann. § 44-7-110 et seq. (Supp. 2000), Lexington Gardens,
LLC, (Facility) was issued a license by the South Carolina Department of Health and Environmental Control
(Department/DHEC) to operate a ninety-bed community residential care facility in West Columbia, South Carolina.
2. On May 15, 2001, representatives from DHEC's Division of Health Licensing
visited Lexington Gardens to conduct a follow-up inspection to its April 5, 2001 inspection. During the May 15, 2001
inspection, the Department cited the facility for numerous violations and repeat violations of 25A S.C. Code Regs 61-84
(Supp. 2000).
3. As a result of the citations for violations and repeat violations of 25A S.C. Code Regs. 61-84 (Supp. 2000), the
Department, by letter dated July 16, 2001, imposed an $18,800 monetary penalty and suspended the facility's license. The
letter also advised the facility that the decision would become final thirty days from the mailing of the letter unless, during
such thirty-day period, a written request for a hearing was received by the Department's Clerk of the Board.
4. By letter dated August 10, 2001, the Facility submitted an appeal to the DHEC
Clerk of the Board, which the Department then forwarded to the Administrative Law Judge Division on August 15, 2001.
5. The Hon. Carolyn C. Matthews was assigned to hear the case and ordered that pre-
hearing statements be filed and served on all parties within fifteen days of the August 27, 2001 Order.
6. On September 6, 2001, the attorney for the Petitioner sent a letter to Judge Matthews
requesting a two-week extension to file and serve pre-hearing statements in order to meet with the Department to discuss
resolution of the matter.
7. Judge Matthews granted the extension on September 12, 2001. Prior to that date, the Department had filed its pre-hearing statement with the ALJD on September 11, 2001.
8. The Department met with the attorney for the Facility on September 10, 2001, at
which time the Department was advised that Lexington Gardens had corrected all
violations resulting in the penalty imposed by the Department by letter dated July 16,
2001, and that it was taking steps to prevent future violations.
9. The meeting between the parties on September 10, 2001, led to agreement on the
terms below.
THEREFORE, IT IS AGREED
1. Lexington Gardens agrees to submit payment of the $18,800 monetary penalty
to the Department within thirty days of complete execution of this Consent Order.
Payment is to be by check or money order made payable to the S.C. Department of
Health and Environmental Control 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
2. Lexington Gardens agrees to withdraw its August 10, 2001 request to the
Administrative Law Judge Division, Docket No. 01-ALJ-07-0359-CC, for a hearing to
appeal the penalties imposed by the Department.
3. The Facility agrees to hire either a full-time or part-time employee whose duties
are to perform maintenance work at the Facility or to engage the services of a maintenance company that will provide these
services in an expeditious manner.
4. The Facility agrees to secure a $10,000 bond in order to ensure that funds are
available to make refunds to residents as appropriate.
5. Lexington Gardens agrees that its administrator will complete three (3) additional
hours of continuing education in medication and other patient care issues. Such training shall be beyond the annual
requirements established by the South Carolina Board of Long Term Health Care Administrators (SCBLTHCA), subject to
prior approval by that agency, and reported to SCBLTHCA once the training has been completed.
6. The Administrator of Lexington Gardens agrees to provide its staff with training
in medication and other patient care issues once he/she has obtained the three (3) hours of additional training referred to in
#5, above. Such training shall be in addition to the in-service training required by S.C. Code Regs. 61-84 § 504 (Supp.
2000). The Facility agrees to document all training received by staff in each employee's personnel file.
7. The Department agrees to provide Lexington Gardens with a consultation in order
to review previous violations and to advise the facility regarding the prevention of future
violations within forty-five (45) days following execution of this Consent Order.
8. The Department agrees to lift the suspension of the admission of residents to this
Facility following execution of this Consent Order.
9. It is further agreed that violations or repeat violations of R. 61-84 or applicable
licensing statutes may result in the imposition of penalties, which may include revocation
of the license to operate the Facility, pursuant to S.C. Code Ann. § 44-7-320 (Supp.
2000).
10. Nothing in this agreement shall be construed to imply that the Department waives
its authority to enforce, by imposing penalties or otherwise, all applicable statutory and
regulatory requirements.
AND IT IS SO ORDERED
10/25/2001
Carolyn C. Matthews
Administrative Law Judge |
