ORDERS:
CONSENT AGREEMENT AND ORDER
FINDINGS OF FACT
1.Lisa Gainey has been the holder of a license to operate Fran’s Residential
Care (Facility) issued by the South Carolina Department of Health and Environmental
Control (Department) pursuant to S.C. Code Ann. § 44-7-110 et seq. (2002). Fran’s
Residential Care , located in Lancaster, South Carolina, has a licensed capacity of 24
(twenty-four ) beds.
2.The Department notified Fran’s Residential Care by letter dated November
20, 2003, that it was imposing a $17,800 monetary penalty for violations and repeat
violations of S.C. Code Ann. Regs. 61-84 (Supp. 2002), Standards for Licensing
Community Residential Care Facilities. The letter advised that this determination
would become final thirty days from the date of the letter unless during such thirty-
(30) day period a written letter of appeal requesting a contested case hearing under
S.C. Code Ann. § 44-7-320(B) (2002) and Rules of Procedure for the Administrative
Law Judge Division was submitted.
3. By letter dated December 18, 2003, the attorney for the Facility submitted a
timely appeal.
4.Prior to proceeding to an administrative hearing, the parties met on
January 7, 2004. As a result of this meeting, the Department requested that the
Facility submit a written proposal to settle this matter.
5.By undated letter received February 9, 2004, Lisa Gainey, Licensee, advised
the Department that the Facility would be closing on March 30, 2004.
6.By letter dated February 9, 2004, the attorney for the Facility advised the
Department of Ms. Gainey’s acceptance of responsibility for the violations and the
corrective action taken by his client to address the violations; he also requested
deferral or reduction of the civil monetary penalty.
7.The attorney for this Facility was advised by e-mail on February 10, 2004 and
during a telephone discussion on February 13, 2004 that closure of the Facility did
not nullify the monetary penalty imposed by the Department. Subsequently, Fran’s
Residential Care and the Department were able to come to a mutual agreement to
resolve this matter.
THEREFORE, IT IS AGREED
1. The Licensee will voluntarily close the Facility no later than March 30, 2004.
2.The Facility will:
a.Provide residents and /or sponsors with a thirty-day written notice regarding
closure of this facility;
b.Assist residents, sponsors, family members, etc. with finding an appropriate
location to transfer;
c.Provide residents with a refund of personal spending monies and monthly room
and board monies, (as appropriate);
d.Provide residents with their medications and personal possessions, (as
appropriate);
e.Provide the Department with a listing of residents transferred, their date of
transfer, and locations where transferred;
f.Provide the Department with the storing location of resident records for the six
years following closure of this facility; and
g.Return the last license issued for the operation of Fran’s Residential Care
as a community residential care facility.
3. The Licensee will withdraw its contested case pending before the
Administrative Law Judge Division.
4.In consideration of the action taken by the facility to voluntarily close, the
Department agrees to suspend $16,020 of the $17,800 total monetary penalty
assessed against Fran’s Residential Care. Therefore, the facility agrees to submit
payment of a $1,780 monetary penalty. Payment of this $1,780 monetary penalty is to
be paid to the Department within 30 (thirty) days of execution of this
Consent Agreement and Order. Payment is to be paid by check or money order made
payable to the S.C. Department of Health and Environmental Control. Payment shall
be sent 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
5.If Lisa Gainey or her agents are found to be operating an unlicensed community
residential care facility at this location or any other location in South Carolina
during the twelve-month period following execution of this Consent
Agreement, 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.
6.No additional statements, inducements or promises have been
made by either party in consideration for entering into this Consent Agreement.
7.The Licensee understands that this Consent Agreement governs only the
above penalty action and does not affect or purport to affect any other liability,
whether civil, criminal, regulatory, or other that may exist as a result of these
violations.
AND IT IS SO ORDERED
2-25-04
Ray N. StevensDate
Administrative Law Judge |