ORDERS:
CONSENT ORDER
STATEMENT OF FACTS
1. Pacolet Care Center, Inc. (Licensee) has been the holder of a license to operate
Pauline Care Center (Facility) issued by the South Carolina Department of Health and Environmental
Control (Department) pursuant to S.C. Code Ann. §44-7-110 et seq. (Supp. 1997).
2. The Department notified the Licensee by letter dated May 14, 1998 (Attachment A)
that it was imposing a monetary penalty of $9,000.00 and suspending the license of Pauline Care
Center for repeat violations of S.C. Code Regs. 61-84 (Supp.1997), Standards for Licensing
Community Residential Care Facilities. The letter advised that the determination to impose a
$9,000.00 monetary penalty and to suspend the facility 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) (Supp.1997).
3. During a June 2, 1998, meeting with the Licensee's attorney, he informed the
Department that his client was striving to meet licensing requirements in order to process a change
of ownership of this facility.
THEREFORE, IT IS AGREED THAT:
1. The Department agrees to reduce the $9,000.00 monetary penalty by $2,000.00 in
acknowledgment that the Licensee has initiated action to have Pauline Care Center comply with
R.61-84, Standards for Licensing Community Residential Care Facilities. The Licensee agrees to pay
the Department the monetary penalty of $7,000.00 immediately.
2. Upon the Licensee's assurances to the Department that it has corrected all violations
and has a plan to prevent a recurrence of these violations, the Department agrees to lift the
suspension of admission and readmission of residents into Pauline Care Center.
3. The Licensee agrees to lease this facility to The Charles Brady Center, Inc. (Brady)
for the purpose of Brady applying to the Department for a provisional license to operate Pauline Care
Center as a community residential care facility.
4. The Department agrees to issue a provisional license to The Charles Brady Center,
Inc. to operate Pauline Care Center as a community residential care facility once it has submitted the
following information to the Department:
A. A copy of the administrator's license issued by the South Carolina Board of Long
Term Health Care Administrators to the person designated to be the administrator by The Charles
Brady Center, Inc.;
B. A copy of business license of The Charles Brady Center or a letter from the local
authority if a business license is not required;
C. A copy of the articles of incorporation filed with the Secretary of State, along with
the name of the authorized agent for service within the State;
D. The submittal of a reply to the Department's June 30, 1998 investigation.
5. It is understood by the Licensee that S.C. Code Ann. §44-7-320(D)(Supp.1997) 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, re-issued or renewed until all penalties finally
assessed against a person or facility have been paid."
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 Pauline Care Center.
7. The Licensee, or his designee, shall take immediate steps to correct all violations
noted in Attachment A and insure that similar violations of R. 61-84, Standards for Licensing
Community Residential Care Facilities, do not occur in the future.
8. It is further agreed that future violations or repeat violations of the regulations or
applicable licensing statutes may result in the impositiom of penalties or revocation of the license
to operate Pauline Care Center, pursuant to S.C. Code Ann. §44-7-320(Supp.1997) and the facility
administrator has been informed of these potential actions.
AND IT IS SO ORDERED
APPROVED:
_________________________ September 11, 1998
Ralph K. Anderson, III Date
Administrative Law Judge |
