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. |