ORDERS:
CONSENT AGREEMENT AND ORDER
STIPULATIONS OF FACT
1. Alterra Healthcare Corporation is the holder of a license to operate Alterra Sterling House of Harbison (Alterra) issued
by the South Carolina Department of Health and Environmental Control (Department) pursuant to S.C. Code Ann. §§ 44-7-110 et seq. (2002) and has a licensed capacity of fifty-two residents.
2. On June 5, 2002, the Department conducted a follow-up inspection at Alterra. As a result of this inspection, the
Department imposed a $22,000 monetary penalty for violations and repeat violations of 25A S.C. Code Ann. Regs. 61-84
(Supp. 2001).
3. By letter dated August 20, 2002, Alterra requested a contested case hearing in accordance with S.C. Code Ann. § 44-7-320(B) (2002) and the Rules of Procedure for the Administrative Law Judge Division.
4. Prior to the administrative hearing, the parties met on September 2, 2002, to discuss the citations. At this meeting,
Alterra informed the Department that the facility has corrected gaps in documentation procedures and taken other action to
assist with ongoing compliance with applicable law and regulations.
5. As a result of the meeting, Alterra and the Department were able to come to the following mutual agreement to resolve
this matter.
THEREFORE, IT IS AGREED:
1. The Licensee has taken and will continue to take action to prevent the recurrence of repeat violations and to assure that
the facility is in substantial compliance with all applicable regulations.
2. The Licensee will withdraw its contested case pending before the Administrative Law Judge Division.
3. After discussion with Alterra, the Department agrees to remove the citation and to eliminate the $1,000 penalty for a
violation of Section1206.A.
4. In consideration of remedial action taken by Alterra, the Department further agrees to the following. The penalties
imposed for the violation of Sections 504.A.1 and 504.A.4 are hereby reduced from $1,000 each to $200 each.
Additionally, the Department agrees to suspend $3,400.00 of the remaining $19,400 total monetary penalty assessed against
Alterra Sterling House of Harbison.
5. If a previously cited violation is cited in a subsequent inspection 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 25A S.C. Code Ann. Regs. 61-84 §
302(F) (Supp. 2001).
6. Alterra agrees to submit payment of $16,000 within thirty days of the execution of this Consent Agreement. Payment is
to be by check or money order made payable to the S.C. Department of Health and Environmental Control. This payment
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, SC 29201
7. It is understood by Alterra that S.C. Code Ann. § 44-7-320(D) (2002) 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."
8. It is further agreed that future violations or repeat violations of the regulations or applicable licensing statutes may result
in the imposition of penalties and other sanctions pursuant to S.C. Code Ann. § 44-7-320 (2002), and the facility
administrator has been informed of these potential actions.
AND IT IS SO ORDERED.
s/John D. Geathers 12/6/02
John D. Geathers Date
Administrative Law Judge |
