ORDERS:
CONSENT AGREEMENT
STATEMENT OF FACTS
1. On November 24, 1998, a representative of the South Carolina Department of Health
and Environmental Control (DHEC/Department) visited 2751 McCords Ferry Road, Eastover, South
Carolina to conduct an investigation regarding whether this location was being operated as an
unlicensed community residential care facility. During this investigation, the Department concluded
that the Operator of this location, Dorothy Simpson, was operating an unlicensed community
residential care facility. A report of these findings was left with Dorothy Simpson.
2. Dorothy Simpson is licensed as an Administrator by the South Carolina Board of
Long Term Care and is currently the Administrator of Pinewood Care Home, Inc., a licensed
community residential care facility.
3. By its letter dated February 5, 1999 the Department advised Dorothy Simpson of its
determination to impose a $5,000 monetary penalty for her operation of an unlicensed community
residential care facility. Ms. Simpson was advised that this determination would become final 30
days from the mailing of this notice unless during such 30-day period, she gave written notice
requesting a hearing under Section 44-7-320(B) of the Code of Laws of South Carolina, 1976, as
amended, and Rules of Procedure for the Administrative Law Judge Division.
4. By letter dated March 5, 1999, Eddye L. Lane, Attorney for Dorothy Simpson,
advised the Department that Ms. Simpson was requesting a hearing regarding the Department's
decision to impose a $5,000 penalty for Ms. Simpson's operation of an unlicensed community
residential care facility.
5. On March 10, 1999, Dorothy Simpson and Eddye L. Lane, Attorney, met with
representatives of the Department. During this meeting, Dorothy Simpson and her attorney advised
that all residents who needed to be transferred had been transferred and this information had been
conveyed to the Department in Ms. Simpson's additional reply to the Department's November 24,
1998 investigation. A discussion regarding the penalty amount followed.
THEREFORE, IT IS AGREED
1. In consideration that Dorothy Simpson no longer operate an unlicensed community
residential care facility, the Department agrees to suspend $2,000 of the $5,000 monetary penalty.
Dorothy Simpson must submit payment of a $3,000 monetary penalty by check or money order made
payable to the S.C. Department of Health and Environmental Control within ten days of receipt of
a copy of this fully executed Consent Order. These monies must be sent to the following address:
Earl Bleakley
Health Licensing Section
S.C. Department of Health and Environmental Control
2600 Bull Street
Columbia, S.C. 29201
2. If the Department finds that Dorothy Simpson is again operating an unlicensed
community residential care facility 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, IT IS SO ORDERED.
June 23, 1999
Ralph King Anderson, III
Administrative Law Judge |
