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:
Shareef's Community Care vs. SCDHEC

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
Shareef's Community Care

Respondent:
South Carolina Department of Health and Environmental Control
 
DOCKET NUMBER:
98-ALJ-07-0346-CC

APPEARANCES:
Jerry L. Paul, Director
Health Licensing Section

Nancy S. Layman
Senior Attorney for Health Regulation

Maryam Shareef, Administrator/Licensee
Shareef's Community Care

Thomas E. Mosley, Attorney
 

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).

Consent Order

Shareef's Community Care

Page Two



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

Consent Order

Shareef's Community Care

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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

Consent Order

Shareef's Community Care

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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


Brown Bldg.

 

 

 

 

 

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