ORDERS:
CONSENT AGREEMENT AND ORDER
FINDINGS OF FACT
1. Thelma S. Myers has been the holder of a license to operate J & T Residential Care Facility (Facility) issued by the
South Carolina Department of Health and Environmental Control (Department) pursuant to S.C. Code Ann. §§ 44-7-110 et
seq. (Supp. 2000).
2. The Department notified J & T Residential Care Facility by letter dated August 14, 2001, that it was imposing a $2,500
monetary penalty for operating without a licensed community residential care facility administrator from February 2001 to
August 2001. The letter advised that this determination would become final thirty days from the mailing of the letter unless
the facility filed an appeal in accordance with S.C. Code Ann. § 44-7-320(B) (Supp. 2000). In addition, the letter stated
that unless the facility immediately submitted documentation to the Department that it had secured the services of a
licensed administrator, the Department would initiate additional action against the facility.
3. After the facility failed to submit documentation to the Department that it had secured the services of a licensed
community residential care facility administrator, the Department notified the facility by letter dated August 28, 2001, that
it was imposing an additional monetary penalty and revoking its license as a community residential care facility. The
monetary penalty imposed was $100 a day for the period beginning August 14, 2001, until such time as the facility either
closed and provided the Department with items related to closure or this matter was resolved.
4. The facility submitted names of individuals it was considering for administrator to the Department. However, either
these individuals failed to meet the requirements of the S.C. Board of Long Term Health Care Administrators or, because
they were already employed by another facility, they could only work part time. If part-time employees were hired, the
facility would have to reduce its bed capacity.
5. During a telephone call of September 10, 2001, the Department advised the facility that S.C. Code Ann. § 44-7-320(D)
states in part that "No license may be issued, reisssued, or renewed until all penalties finally assessed against a person or
facility have been paid."
6. By letter dated September 25, 2001, the facility advised the Department that it had secured the services of a part-time
administrator and that it was reducing its bed capacity in order to be in compliance with S.C. Board of Long Term Health
Care Administrators regulations.
7. During a September 26, 2001 meeting, the Department provided the facility representative with a copy of its September
26, 2001 letter to the facility. This letter again advised that the Department could not reduce the licensed capacity of J & T
Residential Care Facility unless both parties were able to agree to a settlement regarding the enforcement actions initiated
by the Department.
8. The Department advised the facility representative that it would consider a settlement offer, but that J & T had to first
submit written justification to the Department for reduction of the penalties. The facility agreed to this proposal.
9. By faxed correspondence dated September 27, 2001, the facility advised the Department that it had secured the services
of a licensed administrator. However, because the administrator would only be working part-time, the facility had to
request a reduction in its bed capacity from 12 beds to 10 beds. The Licensee indicated that it understood that in the future
should the facility desire a bed increase, it must meet Department procedures for an increase. The Licensee also requested
that the Department reduce its monetary penalty from a total of $6,900 to $1,000 and that the Department rescind its
revocation of its license. Although the Department was not amenable to the proposed monetary penalty, it agreed to
suspend the $100 a day monetary penalty ($100 a day from August 14, 2001 to September 26, 2001 is $4,400).
THEREFORE IT IS AGREED:
1. The Licensee will initiate action to ensure that all violations are not repeated.
2. The Licensee will withdraw its contested case request before the Administrative Law Judge Division.
3. In consideration of the remedial action taken by the facility, the Department agrees to suspend $4,400 of the $6,900
total monetary penalty assessed against J & T Residential Care Facility. Therefore, the penalty amount due and payable to
the Department within thirty days of execution of this Consent Agreement is $2,500. Payment by check or money order
made payable to the S.C. Department of Health and Environmental Control must be sent 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
4. It is understood by the Licensee that S.C. Code Ann. § 44-7-320(D) (Supp. 2000) states that "Failure to pay a penalty
within thirty days is grounds for suspension, revocation, or denial of a renewal of a license. No license may be issued,
reissued, or renewed until all penalties finally assessed against a person or facility have been paid."
5. Additionally, the Department agrees to rescind the revocation of the CRCF license of J & T Residential Care Facility.
6. If violation(s) previously cited recur in subsequent inspections by the Department during the twelve-month period
following execution of this Consent Agreement, 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 pursuant to Section
103D., S.C. Code Ann. Regs. 61-84 (Supp. 2000), and the Licensee shall immediately pay to the Department the assessed
penalty.
7. The Licensee agrees to post a copy of this Consent Agreement in a conspicuous location within the facility so that
residents and visitors may see this agreement.
8. The Licensee agrees that the administrator will keep written documents in the facility that indicate the hours that he/she
works at J & T Residential Care Facility.
9. The Licensee agrees that it will immediately submit to the Department a copy of its contract with its administrator. The
Licensee understands that this contract must state that its administrator will be at J & T Residential Care Facility from 9:00
a.m. to 1:00 p.m., Monday through Friday. Also, the Licensee understands that its administrator must meet the
requirements of Section 502 of Regulation 61-84, Standards for Licensing Community Residential Care Facilities.
10. The Licensee agrees that if J & T Residential Care Facility is without a licensed community residential care facility
administrator for a period of thirty consecutive days, it must cease operations as a community residential care facility. It
must then contact family members and placement agencies, and initiate action to immediately and appropriately transfer
residents. The Licensee further agrees that it will notify the Department in writing any time that it is without an
administrator, and, should it have to cease operations, it will notify the Department of the transfer location of each of its
residents and the storage location of its records, and will return its license to the Department. Furthermore, it will notify the
Department that it has given residents their personal possessions including medications, as appropriate, and any
reimbursements to residents for care not rendered.
11. The Department in no way waives its authority to enforce, by imposing penalties or otherwise, all statutory and
regulatory requirements for the licensure of J & T Residential Care Facility.
12. It is further agreed that future violations or repeat violations of the regulations or applicable licensing statutes may
result in the imposition of penalties or revocation of the license to operate J & T Residential Care Facility, pursuant to S.C.
Code Ann. § 44-7-320 (Supp. 2000), and that the facility administrator has been informed of these potential actions.
AND IT IS SO ORDERED.
____________________________
JOHN D. GEATHERS
Administrative Law Judge
Post Office Box 11667
Columbia, South Carolina 29211
November 30, 2001
Columbia, South Carolina |
