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 |