South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
Greenville Community Residence vs. SCDHEC

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
State of South Carolina, County of Richland, Greenville Community Residence (Facility)
by its representative(s) Barbara Stone (Licensee)

Respondent:
South Carolina Department of Health and Environmental Control (Department)
 
DOCKET NUMBER:
96-ALJ-07-0353-CC

APPEARANCES:
Alan Samuels, Director
Division of Health Licensing

Nancy Layman
Attorney for Department

Barabara Stone, Executive Director
Greenville County Disabilities and Special Needs Board

James Kirby, Assistant Deputy Director,
Residence Services
South Carolina Department of Disabilities and
Special Needs
 

ORDERS:

CONSENT ORDER AND AGREEMENT

FINDINGS OF FACT

1. Greenville County Disabilities and Special Needs Board (Licensee) has been the holder of a license to operate Greenville Community Residence (facility) issued by the South Carolina Department of Health and Environmental Control (Department) pursuant to Section 44-7-110 et seq. South Carolina Code of Laws (1976) (as amended).

2. The Department issued an Emergency Order dated August 9, 1996 (see attachment A) suspending the license of Greenville County Disabilities and Special Needs Board (GCDSNB) to operate Greenville Community Residence. This order was hand-delivered to a representative of the Greenville County Disabilities and Special Needs Board on August 9, 1996.

3. The South Carolina Department of Disabilities and Special Needs (SCDDSN), with whom GCDSNB contracts, assumed operation of the facility during this suspension as was acceptable per the terms of the Emergency Order of August 9, 1996. This assumed operation included having a representative of SCDDSN function as acting administrator. This acting administrator initiated action to review the operations of Greenville Community Residence.

4. The Greenville County Disabilities and Special Needs Board initiated action to review the concerns as addressed in the August 9, 1996 Emergency Order. These actions included providing the Department with written verification which began to address many of these concerns. (See attachment B).

5. The Department reviewed all information provided by both the Greenville County Disabilities and Special Needs Board and the S.C. Department of Disabilities and Special Needs to assure that appropriate corrective action had taken place or was planned in the near future.

THEREFORE IT IS AGREED

1. The facility will provide to the Department documentation from a licensed plumber that its water supply meets the requirements as set forth in R61-84, Standards for Licensing Communitv Residential Care Facilities, Section 2501.4 A and Section 2703 F. Also, the facility must describe to the Department what actions it will take to ensure that this violation does not occur again. At a minimum, such action must include periodic testing of water temperature at all outlets accessible to residents.

2. The facility must provide to its staff detailed inservice training related to resident care and supervision. Training must be done with all new staff as part of the facility orientation and must be done again for all staff at least annually. The facility must document that these inservice sessions have been completed. This training must include at a minimum specific requirements and procedures to insure direct supervision of residents who are bathing. Also, the facility must provide to the Department documentation that this first inservice training has been held prior to September 1, 1996, and verification that all current staff have attended. Following submission of this first training record to the Department, this and future documentation must be available for review in the facility during inspection.

3. The facility must provide to the Department a written copy of its plan to ensure that it meets the incident reporting requirements of Section 903 of R61-84.

4. The facility must provide to the Department evidence that an individual designated by the facility as administrator is currently licensed by the Board of Long Term Care Administrators, SCDLLR. Also, the facility and the licensee must provide to the Department its plan for ensuring that designated administrators are and remain appropriately licensed.

5. The licensee must provide to the Department a plan for and evidence of administrative oversight by the licensee. This evidence must consist of at least the following: documentation of meetings with facility administrator, documentation of self-inspection, documentation of review of any inspection/investigation findings with facility administrator, and documentation of actions taken as a result of the licensee's administrative oversight.

6. The facility must conduct at least a weekly self inspection of the facility. Documentation of this weekly self inspection and actions taken as a result thereof must be available for review during inspections of the facility.

7. If these actions have been completed by September 4, 1996, the Department will lift the suspension of the license. If these requirements are not satisfied by September 4, 1996, the Department shall revoke the license.

8. It is further agreed that future violations or repeat violations of the regulation or applicable licensing statutes may result in the imposition of penalties, which may include revocation of the license to operate the Facility, pursuant to Section 44-7-320 of the South Carolina Code of Laws (1976, as amended).

9. Nothing in this agreement shall be construed to imply that the Department waives its authority to enforce, by imposing penalties or otherwise, all applicable statutory and regulatory requirements.

AND IT IS SO ORDERED

___________________________

John D. Geathers

Administrative Law Judge

_____________________________

Date


Brown Bldg.

 

 

 

 

 

Copyright © 2024 South Carolina Administrative Law Court