ORDERS:
CONSENT ORDER
STATEMENT OF FACTS
1. Laila R. Bey (Licensee) has been the holder of a license to operate Rainbow Residential
Home (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 September 18, 1998 (Attachment A)
that it was imposing a monetary penalty of $ 6,900.00 for repeat violations of R. 61-84,
Standards for Licensing Community Residential Care Facilities, and that this decision
would become final thirty days from the mailing of this letter unless the Licensee filed an
appeal in accordance with S.C. Code Ann. §44-7-320 (B)(Supp. 1997).
3. The Licensee filed an appeal of the Department's decision to impose a $6,900.00
monetary penalty by letter dated October 13, 1998 (Attachment B).
4. The Licensee and representatives of the Department held a meeting on January 13, 1999
to discuss the concerns of the Department. During this meeting, the Administrator/
Licensee advised the Department of the following: 1) the facility is scheduling inservice
training from such resources as pharmacists, nutritionists, etc. 2) the facility is holding
weekly and monthly staff meetings, 3) the facility is utilizing peer review; and 4) the
facility has hired a CNA with fifteen years experience.
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Rainbow Residential Home
THEREFORE, IT IS AGREED
1. The Licensee will initiate action to ensure that violations as noted in the Department's
letter to the facility (Attachment A), will not be repeated.
2. In consideration of the remedial action taken by the Licensee and action to prevent a
recurrence of these violations, the Department agrees to suspend $ 4,900.00 of the
$6,900.00 monetary penalty assessed against Rainbow Residential Home . Therefore, the
penalty amount due within thirty days of execution of this Consent Order is $2,000.00.
3. 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."
4. If repeat violation(s) of those sections noted in Attachment A are noted during subsequent
inspections by the Department within 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. 1997), 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 Rainbow
Residential Home.
6. 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
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 Rainbow Residential Home, pursuant to S.C. Code Ann. §44-7-320
(Supp. 1997) and the facility administrator has been informed of these potential actions.
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Rainbow Residential Home
AND IT IS SO ORDERED
APPROVED:
February 1, 1999
Ray N. Stevens Date
Administrative Law Judge |
