SC Administrative Law Court Decisions

STIPULATIONS OF FACT

1.Home Away From Home Assisted Living, Inc. is and has been the holder of a license to operate Home Away From Home Assisted Living I (Facility) issued by the South Carolina Department of Health and Environmental Control (Department) pursuant to S.C. Code Ann. §44-7-110 et seq. (2002). Home Away From Home Assisted Living I, located in Moncks Corner, South Carolina, has a licensed capacity of seven (7) beds.

2.The Department notified Home Away From Home Assisted Living I by letter dated August 15, 2003, that it was imposing a $3,000 monetary penalty for violations of S.C. Code Ann. Regs. 61-84, Standards for Licensing Community Residential Care Facilities (Supp. 2002). The letter advised that this determination would become final thirty days from the date of this letter unless during such thirty (30) day period, Home Away From Home submitted a written letter of appeal requesting a contested case hearing under S.C. Code Ann. Section 44-7-320 (B)(2002) and the Rules of Procedure for the Administrative Law Judge Division.

3.By letter dated September 3, 2003, the facility filed a request for a contested case hearing.

4.Prior to proceeding to an administrative hearing, the parties met on August 27, 2003. Home Away From Home Assisted Living I advised that it not only had corrected the violations, it had also initiated action to ensure that these violations were not repeated. Subsequently, Home Away From Home Assisted Living I and the Department were able to come to a mutual agreement to resolve this matter.

THEREFORE, IT IS AGREED.

1.The Licensee has taken and will continue to take action to ensure that the cited violations are corrected and do not recur.

2.The Licensee will withdraw its request for a contested case pending before the

Administrative Law Judge Division.

3.In consideration of the remedial action taken by the facility, the Department agrees to suspend $1,000 of the $ 3,000 total monetary penalty assessed against Home Away From Home Assisted Living I. Therefore, the facility agrees to submit payment of a $2,000 monetary penalty. Payment is to be by check or money order made payable to the S.C. Department of Health and Environmental Control. Payment of this monetary penalty is due within thirty days of the date of execution of this Consent Agreement and Order. Payment of these monies shall 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. Section 44-7-320 (D) (2002) states that the “[f]ailure 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.If previously cited violation(s) 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 302 F, S.C. Code Ann. Regs. 61-84 (Supp. 2002), and the Licensee shall immediately pay to the Department the assessed penalty.

6.The Department in no way waives its authority to enforce, by imposing penalties or otherwise, all statutory and regulatory requirements for the licensure of Home Away From Home Assisted Living I.

7.It is further agreed that future violations or repeat violations of the regulations or applicable licensing statutes may result in the imposition of additional penalties or the revocation of the license to operate Home Away From Home Assisted Living I, pursuant to S.C. Code Ann. Section 44-7-320 (2002), and the facility administrator has been informed of these potential actions.

8.No additional statements, inducements, or promises have been made by either party in consideration for entering into this Consent Agreement.

9.The Licensee understands that this Consent Agreement governs only the above penalty action and does not affect or purport to affect any other liability, whether civil, criminal, regulatory, or other that may exist as a result of these violations.

AND IT IS SO ORDERED.