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:
Bates Community Care Home # 1 et al. vs. SCDHEC

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
Bates Community Care Home # 1
Bates Community Care Home #2

Respondent:
South Carolina Department of Health and Environmental Control
 
DOCKET NUMBER:
98-ALJ-07-0412-CC

APPEARANCES:
Jerry L. Paul, Director
Health Licensing Section

Nancy S. Layman
Senior Attorney for Health Regulation

Lewis Bates
Bates Community Care Home, Inc.
 

ORDERS:

CONSENT ORDER

STATEMENT OF FACTS

1. Bates Community Care Home, Inc. (Licensee) has been the holder of a license to

operate Bates Community Care Home # 1 and # 2 (facilities) 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 June 11, 1998 (attachment A) that

it was imposing a monetary penalty in the amount of $7,000.00 against Bates

Community Care Home # 1 and $3,000.00 against Bates Community Care Home # 2. In

addition, the Department advised that it was suspending the licenses of both Bates

Community Care Home # 1 and # 2 by restricting admission and readmission of residents.

The letter advised that this determination to impose these penalties would become final

thirty days from the mailing of the letter unless the Licensee filed an appeal in accordance















Consent Order

Bates Community Care Home # 1 and # 2

Page Two



with S.C. Code Ann. §44-7-320(B)(Supp. 1997).

3. The Licensee provided the Department with documentation that he had hired a licensed community residential care facility administrator. Also, the Licensee had hired a consultant to assist the administrator. Additionally, the Licensee advised that they had begun painting Bates Community Care Home # 1 and had worked on the development of facility policies.

THEREFORE, IT IS AGREED

1. The Licensee agrees to voluntarily close Bates Community Care Home # 2.

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. The Licensee agrees to maintain a licensed community residential care facility administrator at Bates Community Care Home # 1. Should for any reason the administrator no longer be employed at the facility, the Licensee agrees to hire a licensed community residential care facility within sixty days of the date that the facility learns that the prior administrator will no longer be employed.

3. In consideration of the action taken by the Licensee, the Department agrees to suspend

$6,000.00 of the $7,000.00 monetary penalty against Bates Community Care Home # 1 and to drop the $3,000.00 monetary penalty against Bates Community Care Home # 2. Therefore, the penalty amount due and payable to the Department within ten days of execution of this Consent Order is $1,000.00.

















Consent Order

Bates Community Care Home # 1 and # 2

Page Three

4. The Department also agrees to lift the suspension of admission and readmission of residents into Bates Community Care Home # 1.

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, reissued, or renewed until all penalties finally assessed against a person or facility have been paid."

6. If repeat violation(s) of those sections noted in attachment A are noted during subsequent inspections by the Department during the twelve month period following execution of this Consent Order, the Department may require payment of all or part of suspended portion of the assessed penalty and/or may impose an additional penalty payable to the Department immediately in accordance with Section 103 D., S.C. Code Regs. 61-84 (Supp. 1997), and the Licensee shall immediately pay to the Department the assessed penalty.

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 Bates Community Care home # 1 and # 2.

8. The Licensee, or his designee, shall take immediate steps to correct all violations noted in attachment A and all violations noted by the Department in previous inspections. The 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 occur in the future.



















Consent Order

Bates Community Care home # 1 and # 2

Page Four

9. It is further agreed that future violations or repeat violations of the regulations or applicable licensing statutes may result in the imposition of penalties or revocation of the license to operate Bates Community Care Home # 1 and # 2, 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:



_____________________________ October 23, 1998

Stephen P. Bates Date

Administrative Law Judge


Brown Bldg.

 

 

 

 

 

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