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:
DHEC vs. Magnolias of Gaffney Assisted Living Community

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
South Carolina Department of Health and Environmental Control

Respondent:
Magnolias of Gaffney Assisted Living Community
 
DOCKET NUMBER:
04-ALJ-07-0063-CC

APPEARANCES:
Dennis L. Gibbs, Director
Division of Health Licensing

Nancy S. Layman
Chief Attorney for Health Regulation

Mary Dunmoyer, LPN, Administrator
Magnolias of Gaffney
 

ORDERS:

CONSENT AGREEMENT AND ORDER

STIPULATION OF FACTS

1.Gaffney Retirement, L.L.C., is the holder of a license issued by the South Carolina Department of Health and Environmental Control (Department) pursuant to S.C. Code Ann. § 44-7-110 et seq. (2002) to operate Magnolias of Gaffney (Facility), a nursing home. Magnolias of Gaffney, located in Gaffney, South Carolina, has a licensed capacity of 60 (sixty) beds.

2.The Department notified Magnolias of Gaffney by letter dated January 22, 2004, that it was imposing a $12,000 monetary penalty for violations and repeat violations of 25A S.C. Code Ann. Regs. 61-84 (Supp. 2003) (Standards for Licensing Community Residential Care Facilities). The letter advised the facility that this determination would become final thirty days from the date of this letter unless during such thirty-day period a written letter of appeal requesting a contested case hearing under S.C. Code Ann. § 44-7-320(B) (2002) and the Rules of Procedure for the Administrative Law Judge Division was submitted.

3.By letter dated January 30, 2004, the facility submitted a timely appeal.

4.Prior to proceeding to an administrative hearing, the parties met on April 14, 2004. Magnolias of Gaffney advised that it had corrected the violations and initiated action to ensure that these violations were not repeated. Subsequently, Magnolias of Gaffney and the Department were able to come to a mutual agreement to resolve this matter.

THEREFORE, IT IS AGREED:

1.The Licensee will initiate action to ensure that all violations are not repeated.

2.The Licensee will withdraw its contested case pending before the Administrative Law Judge Division.

3.In consideration of the remedial action taken by the facility, the Department agrees to suspend $4,500 of the $12,000 total monetary penalty assessed against Magnolias of Gaffney. Therefore, the facility agrees to submit payment of a $7,500 monetary penalty to the Department. Payment of this $7,500 monetary penalty is to be paid in two installments of $3,750. The first installment of $3,750 is due and payable to the Department within thirty (30) days of the execution of this Consent Order. The second installment of $3,750 is due and payable to the Department within sixty days of the execution of this Consent Order. Payment is to be by check or money order made payable to the S.C. Department of Health and Environmental Control and 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, SC 29201


4.It is understood by the Licensee that S.C. Code Ann. § 44-7-320(D) (2002) states: “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.”

5.If violation(s) previously cited recur in subsequent inspections by the Department during the twelve-month period following the 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 pursuant to Section 302(F), 25A S.C. Code Ann. Regs. 61-84 (Supp. 2003), and the Licensee shall immediately pay to the Department the assessed penalty.

6.The Department in no way waives its authority to enforce, by imposing penalties or otherwise, all statutory and regulatory requirements for the licensure of Magnolias of Gaffney.

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 the revocation of the license to operate Magnolias of Gaffney, pursuant to S.C. Code Ann. § 44-7-320 (2002), and the facility administrator has been informed of these potential actions.

8.No additional statements, inducements or promises have been made by either party in consideration for entering into this Consent Agreement.

9.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.


Brown Bldg.

 

 

 

 

 

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