ORDERS:
CONSENT ORDER
STATEMENT OF FACTS
1. Andrea J. Magwood has been the holder of a license to operate Genesis Community Care Home # 1 (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. 1998).
2. The Department notified the facility by letter dated September 21, 1998 (Attachment A ) that it was imposing a monetary penalty of $ 16,800.00 for repeat violations of R 61-84, Standards for Licensing Community Residential Care Facilities . The letter advised that this determination to impose a $16,800.00 monetary penalty 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). The facility timely appealed the Department’s decision and the case was transmitted to the Administrative Law Judge Division.
3. On December 1, 1998, John D. Geathers, Administrative Law Judge, signed an Order of Dismissal (Attachment B ) pursuant to ALJD Rule 23 for failure to comply with the Order of the Court to file a prehearing statement.
4. By letter dated December 3, 1998 (Attachment C), Andrea Magwood wrote Judge Geathers advising him of her illness and requested an opportunity to further advance her appeal.
5. By letter dated December 15, 1998 (Attachment D), Judge Geathers advised Andrea Magwood if she submitted a Prehearing Statement by December 28, 1998, he would reinstate the case.
6. The case was reinstated by Order of Judge Geathers, dated January 5, 1999, after Andrea Magwood submitted her Prehearing Statement on December 28, 1998 (Attachment E).
7. The Department met with the Licensee on March 4, 1999 to attempt to resolve this matter. During this meeting, the Licensee advised that she had corrected most of the maintenance violations, had hired new staff, and had received treatment for a medical condition which interfered with her supervision of the residential care facility for a period of time.
THEREFORE IT IS AGREED
1. In consideration of the remedial action that the facility representative indicates has been taken by the facility, the Department agrees to suspend $11,800.00 of the $ 16,800.00 monetary penalty assessed against Genesis Community Care Home # 1. Therefore, the penalty amount due and payable to the Department within thirty days of receipt of an executed copy of this Consent Order is $5,000.00.
2. The Licensee/Administrator agrees to immediately hire a new administrator for Genesis Community Care Home # 1 who is licensed by the S.C. Board of Long Term Health Care Administrators as a community residential care facility administrator if/when circumstances dictate that she no longer can fulfill the duties as Administrator Genesis Community Care Home # 1.
3. It is understood by the Licensee that S.C. Code Ann. § 44-7-320 (D) (Supp. 1998) 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."
4. 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 the 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. 1998), and the Licensee shall immediately pay to the Department the assessed penalty.
5. The Department in no way waives its authority to enforce, by imposing penalties or otherwise all statutory and regulatory requirements for the licensure of Genesis Community Care Home #1.
6. The Licensee, or their 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.
7. 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 Genesis Community Care Home # 1, pursuant to S.C. Code Ann.§44-7-320 (Supp.
1998) and the facility administrator has been informed of these potential actions.
AND IT IS SO ORDERED.
John D. Geathers
Administrative Law Judge
April 20, 1999 |
