ORDERS:
CONSENT ORDER
STATEMENT OF THE FACTS
1. Maryam Shareef (Licensee) has been the holder of a provisional license to operate
Shareef's Community Care (Facility) issued by the South Carolina Department of Health and
Environmental Control (Department) pursuant to S.C. Code Ann. §44-7-110 et seq.
(Cum. Supp. 1997).
2. The Department notified the Licensee by letter dated April 30, 1998 (Attachment
A) that it was denying issuance of the regular license of Shareef's Community Care for repeat
violations of S.C. Code Regs. 61-84 (Cum Supp. 1997), Standards for Licensing Community
Residential Care Facilities. This letter advised that the determination to deny issuance of the
regular license would become final thirty days from the mailing of the letter unless the Licensee
filed an appeal in accordance with S.C. Code Ann. §44-7-320 (B) (Cum. Supp. 1997).
3. On June 2, 1998, the Licensee submitted a timely appeal of the Department's
decision not to issue a regular license (Attachment B).
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4. The Department acquired documentation that the Licensee had obtained a license
from the Department of Labor, Licensing & Regulation (LLR)-South Carolina Board of Long
Term Care Administrators to practice in the State of South Carolina as a community residential
care administrator. The Department confirmed on November 19,1998, that the Licensee planned
to become the full-time administrator of Shareef's Community Care. Effective January 1, 1999,
the Licensee will be the full-time administrator or will have a full-time administrator in place at
Shareef's and by January 1, 1999, the Licensee will correct all violations cited in Attachment A.
THEREFORE, IT IS AGREED
1. By January 1, 1999:
a. The Licensee will be the full-time administrator of the facility or have a
full-time administrator in place and
b. The violations cited in Attachment A will be corrected.
2. The Licensee will initiate action to ensure that other violations, as noted in the
Department's letter to the facility (Attachment A), will not be repeated.
3. The Licensee agrees to comply with the requirements of LLR-South Carolina
Board of Long Term Care Administrators, Chapter 93, Code of Regulations, and specifically
agrees that a full-time administrator will be present at the facility at all times. Should the
Licensee be unavailable to be the full-time administrator at the facility, she will employ a
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full-time administrator and inform the Department in writing of of her replacement.
4. Since the facility agrees to employ a full-time licensed community
residential care facility administrator as of January 1, 1999, the Department agrees to extend the
provisional license of the facility until May 10, 1999. During this time, the Department will
conduct one or more inspections and/or investigations to determine if the facility is operating in
substantial compliance with S.C. Code Regs. 61-84 (Cum. Supp. 1997), Standards for Licensing
Community Residential Care Facilities.
5. If it is determined through these inspections/investigations that the facility is
operating in substantial compliance with R. 61-84, the Department will issue the facility a regular
license.
6. If it is determined through these inspections/investigations that the facility is not
operating in compliance with R. 61-84, the Department will initiate a penalty against the facility.
The Department will advise the Licensee of this action in writing and inform the Licensee of her
right to appeal this decision.
7. The Department in no way waives its authority to enforce, by imposing penalties
or otherwise, all statutory and regulatory requirements for the licensure of Shareef's Community
Care.
8. The Licensee, or her designee, shall take immediate steps to correct all violations
noted in Attachment A and all violations noted by the Department in previous inspections. The
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Licensee will establish procedures to ensure that violations in Attachment A and similar
violations of R. 61-84, Standards for Licensing Community Residential Care Facilities , do not
recur in the future.
AND IT IS SO ORDERED
APPROVED:
January 11, 1999
Ralph King Anderson, III Date
Administrative Law Judge |