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:
Laurel Baye Healthcare Greenville vs. DHEC

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
Laurel Baye Healthcare Greenville

Respondent:
South Carolina Department of Health and Environmental Control
 
DOCKET NUMBER:
03-ALJ-07-0345-CC

APPEARANCES:
Dennis L. Gibbs, Director
DIVISION OF HEALTH LICENSING

Nancy L. Roberts, Esquire
Attorney for Health Regulation
SOUTH CAROLINA DEPARTMENT OF HEALTH
AND ENVIRONMENTAL CONTROL

M. Elizabeth Crum, Esquire
Attorney for Laurel Baye Healthcare of Greenville
McNair Law Firm, P.A.
P.O. Box 11390
Columbia, South Carolina 29211

Mr. William H. Birmingham, Jr
Administrator
Laurel Baye Healthcare of Greenville
661 Rutherford Road
Greenville, SC 29609
 

ORDERS:

CONSENT AGREEMENT & ORDER

STIPULATIONS OF FACT

1.Laurel Baye Healthcare of Greenville (Laurel Baye) is a nursing home licensed pursuant to S.C. Code Ann. Section 44-7-110 et seq. (2002). Laurel Baye is located in Greenville South Carolina and has a licensed capacity of 132 beds.

2.On June 20, 2003, a representative of the Licensing Division of the Department of Health and Environmental Control (Department) visited Laurel Baye to conduct a follow-up inspection. As a result of this inspection, the Department cited violations of 24A S.C. Code Ann. Regs. 61-17 (Supp. 2002), Standards for Licensing Nursing Homes.

3.After careful review, the Department determined it appropriate to impose a $7,600 monetary penalty for violations of Regulation 61-17. The Department advised Laurel Baye of these violations and the $7,600 monetary penalty by letter dated July 21, 2003.

4.Laurel Baye submitted a timely request for a contested case hearing pursuant to S.C. Code Ann. Section 44-7-320(B) (2002) and the Rules of Procedure for the Administrative Law Judge Division.

5.Prior to proceeding to a hearing on the merits of this case, the parties met on September10, 2003 for the purpose of attempting to settle this matter. After additional negotiations, the parties were able to reach a settlement to resolve this action.

6.With this Settlement Agreement, the Department and Laurel Baye wish to resolve this matter and to compromise and settle the disputes and allegations that have been pled or that could have been pled in the above-captioned case.

7.In view of the foregoing, the mutual promises and covenants set forth herein, and for such other good and valuable consideration as set forth herein, the receipt and sufficiency of which is hereby acknowledged, the Department and Laurel Baye agree as follows:

THEREFORE, IT IS AGREED

1.Laurel Baye has taken action to correct the cited violations and to ensure the facility is and continues to be in substantial compliance with the Standards for Licensing Nursing Homes. Laurel Baye maintains that the cited violations did not result in harm to any of the residents of Laurel Baye.

2.In consideration of the corrective action taken by Laurel Baye, the Department agrees to reduce the $7,600 monetary penalty to $4,000. Laurel Baye agrees to submit payment of the $4,000 monetary penalty to the Department within thirty days of the execution of this Order. Payment is to be by check or money order payable to the S.C. Department of Health and Environmental Control and remitted to the following address:

Attention: Earl Bleakley

Division of Health Licensing

S.C. Department of Health and Environmental Control

2600 Bull Street

Columbia, S.C. 29201

3.With the execution of this Agreement, Laurel Baye hereby withdraws its request for a contested case hearing pending before the Administrative Law Judge Division.

4.Laurel Baye acknowledges that S.C. Code Ann. Section 44-7-320 (D) (2002) provides that “[f]ailure 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 has been paid.” Laurel Baye further agrees that the failure to pay the $4,000 settlement amount may also result in suspension, revocation, or denial of a license and that no license may be issued, reissued, or renewed until the settlement amount has been paid.

5.The Department in no way waives its authority to enforce, by penalty or otherwise, any and all statutory and regulatory requirements for the licensure of Laurel Baye of Greenville..

6.It is further agreed that, pursuant to S.C. Code Ann. Section 44-7-320 (2002), future violations or repeat violations of the regulations, or applicable licensing statutes, may result in the imposition of penalties or the revocation of the license to operate Laurel Baye, and that Mr. Bill Birmingham, Laurel Baye’s administrator has been informed of this.

7.This Agreement constitutes the entire agreement between the parties with respect to the resolution and settlement of the matters discussed herein and supercedes all prior or contemporaneous agreements, promises, or understandings between the parties. The parties are not relying upon any representations, promises, understandings, or agreements except as expressly set forth within this Agreement.

8.This Agreement only settles those violations addressed in Docket No. 03-ALJ-07-0345-CC and does not affect or purport to affect or settle any other action or potential action.

9.The undersigned individuals signing this Agreement on behalf of the parties represent and warrant that they are duly authorized to execute this Agreement and lawfully bind their principals.

10.In the event of the invalidity of any term or provision of this Agreement, all terms and provisions shall be considered severable and the balance of this Agreement shall remain in effect

WE CONSENT:

s/01/14/04


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