ORDERS:
CONSENT ORDER AND AGREEMENT
1. Ada Foster has been the holder of a license to operate Ada Foster's Residential Care Facility (Facility) issued by
the South Carolina Department of Health and Environmental Control (the Department) pursuant to S.C. Code Ann. §
44-7-110 et seq. (Supp. 2000).
2. The Department notified the Facility by letter dated June 1, 2001 that the Department suspended the license of the
Facility and imposed a monetary penalty of $4,200.00 against the Facility. In addition, the letter advised the Facility
that the decision to suspend the license would become final thirty days from the mailing of this letter unless during
such thirty-day period the Department's Clerk of the Board received a written appeal for a hearing.
3. By letter dated June 6, 2001, the Facility submitted an appeal to the Clerk of the DHEC Board, which the
Department forwarded to the Administrative Law Judge Division (ALJD).
4. The Honorable C. Dukes Scott was assigned to preside over the case and on June 18, 2001, he ordered prehearing
statements to be submitted to the ALJD.
5. By Order dated July 17, 2001, a hearing was scheduled for October 30, 2001.
6. Prior to the hearing, the Department received a complaint that a resident admitted to the emergency room of
Georgetown Memorial Hospital had several deep decubiti, and was scheduled for a below the knee amputation.
Another complaint received by the Department stated that a resident had been found outside the Facility for an
unknown length of time and received several large abrasions to his knees, toes and fingertips.
7. As a result of the investigations of the foregoing events and substantiation of the complaints, by letter dated
October 4, 2001, the Department revoked the license of the Facility and imposed a monetary penalty of $5000.00.
8. By letter to the Clerk of the DHEC Board dated October 11, 2001, the Facility appealed the revocation.
9. By Consent Agreement of the parties, the Facility requested a continuance of the October 30, 2001 hearing and a
consolidation of the actions pending against the Facility.
10. By order dated October 26, 2001, Judge Scott ordered the case to be continued.
11. By order dated November 2, 2001, Judge Scott ordered the cases to be consolidated, with each retaining its separate
caption and docket number. In addition, Judge Scott ordered that prehearing statements on the most recent action be
filed with the ALJD no later than December 15, 2001.
12. Prior to the filing of the prehearing statements, the Department was informed by telephone by Ms. Foster that she
was no longer represented by counsel and that she was seeking a resolution of these matters.
THEREFORE, IT IS AGREED
Pursuant to S.C. Code Ann. § 44-7-320 (Supp. 2000) and with the consent of the Ada Foster Residential Care Facility,
1. Ms. Foster agrees to surrender her license to operate a community residential care facility to the Department and
agrees that the Facility will cease operations as a community residential care facility within thirty (30) days from the
date of this Order.
2. The Facility will assist residents with their placement to licensed community residential care facilities or other
suitable placement locations. The Facility agrees to provide residents any refunds due. Also, the Facility agrees to
provide resident medication to residents and/or their family members, as appropriate, as well as all personal property.
3. The Facility agrees to submit to the Department the following items within ten (10) days from the closure of Ada
Foster's Residential Care Facility:
a. The name of each resident who was relocated, their date of relocation, and place of relocation;
b. A written statement which indicates that residents received their refunds and medications, as appropriate;
c. A written statement as to the location of resident records for six years following closure of the Facility;
d. Return the last license issued by the Department;
e. The Licensee of the Facility will submit a statement that she will not again operate a community residential care
facility.
1. The Department agrees to suspend $ 9,200.00 of the $ 9,200.00 assessed monetary penalty for twelve (12) months
following execution of this Order. If Ms. Foster is found to be operating a facility during the next twelve months, the
Department may call-in all or part of the assessed penalties and/or may assess another penalty in accordance with S.C.
Code Ann. § 44-7-320(C), and Ms. Foster shall immediately pay to the Department the assessed penalty.
2. Ms. Foster understands that closure of this Facility means that the Department will not process a change of
ownership of this location. Any prospective new licensee of this location will be required to meet the requirements the
Department has for an individual or entity to secure a new community residential care facility license.
AND IT IS SO ORDERED.
_________________________
C. Dukes Scott
Administrative Law Judge
Columbia, South Carolina
December 12, 2001 |
