ORDERS:
CONSENT AGREEMENT AND ORDER
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 II (Facility) issued by the South
Carolina Department of Health and Environmental Control (Department) pursuant to
S.C. Code Ann. Section 44-7-110 et seq. (2002). Home Away From Home Assisted
Living II, located in Moncks Corner, South Carolina, has a licensed capacity of five
(5) beds.
2.The Department notified Home Away From Home Assisted Living II by letter dated
August 15, 2003 that it was imposing a $8,900 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 the
facility submitted a written letter 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 was submitted.
3.By letter dated September 3, 2003, the facility filed a request for a contested case
hearing.
4.On August 27, 2003, Department representatives met with a representative of the
facility to see if this matter could be resolved. Subsequently the parties were able to
reach an 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 $4,900 of the $8,900 total monetary penalty assessed against Home Away
From Home Assisted Living II. Therefore the facility agrees to submit payment of a
$4,000 monetary penalty in two payments to the Department. The first monetary
penalty payment of $1,000 is due and payable to the Department within thirty days of
execution of this Consent Agreement and Order. The second monetary penalty payment
of $3,000 is due and payable to the Department within sixty (60) days of execution of
this Consent Agreement and Order. Payment is to be by check or money order made
payable to the S.C. Department of Health and Environmental Control. Payment of this
money is to 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 II.
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 II,
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
APPROVED:
Ralph King Anderson, III
Administrative Law Judge
October 6, 2003
Columbia, South Carolina |
