ORDERS:
CONSENT ORDER
FINDINGS OF FACT
1.On November 6, 2003, the date of the inspection noted herein, McLeod Regional
Medical Center of the Pee Dee, Inc. was the holder of a license to operate Saint Eugene
Medical Center ("SEMC") issued by the South Carolina Department of Health and
Environmental Control ("Department") pursuant to S.C. Code Ann. § 44-7-110 et seq.
(Supp. 2003). SEMC, located in Dillon, South Carolina, has a licensed capacity of
ninety-two (92) beds.
2.The Department notified SEMC by letter dated January 14, 2004 that it was imposing a
$1,500 monetary penalty for violation of S.C. Code Ann. Regs. 61-16, Standards for
Licensing Hospitals and Institutional General Infirmaries (Supp. 2003). The Department
specifically found a violation of Regulation 61-16, §(607.2)(A), because it determined
that out of four (4) records reviewed, three (3) showed that SEMC had provided care and
services for newborns who were designated for a higher level hospital. The letter advised
that this determination would become final thirty (30) days from the date of this letter
unless during such thirty-day (30) period a written letter of appeal requesting a contested
case hearing pursuant to S.C. Code Ann. § 44-7-320(B) (Supp. 2003) and Rules of
Procedure for the Administrative Law Judge Division was submitted.
3.By letter dated January 23, 2004, SEMC filed a timely appeal. Prior to proceeding to an
administrative hearing, the parties met on February 6, 2004. SEMC presented additional
documentation related to the records reviewed by the Department and cited in the
Department's letter of January 14, 2004. SEMC continues to contend that it has not
violated S.C. Code Ann. Regs. 61-16, Standards for Licensing Hospitals and Institutional
General Infirmaries (Supp. 2003). The Department reiterates its original findings of
violations of S.C. Code Ann. Regs. 61-16, § 607.2.A.
4.In the interest of resolving this matter without delay and expense of litigation, both
SEMC and the Department agree to resolve the matter through this Consent Order.
THEREFORE, IT IS AGREED
1.SEMC has taken and will continue to take action to ensure the violations as cited do not
occur.
2.By signing this Consent Order, SEMC neither agrees with nor admits any factual findings
or conclusions reached by the Department in its review of the newborn records at issue.
3.SEMC will withdraw its contested case pending before the Administrative Law Judge
Division.
4.In consideration of additional documentation furnished by SEMC to the Department and
the terms of this Consent Order, the Department agrees to accept $1,000 in payment of
the $1,500 total monetary penalty assessed against SEMC.
5.SEMC agrees to submit payment of the $1,000 monetary penalty to the Department.
Payment of this $1,000 monetary penalty is to be paid to the Department within thirty
(30) days of 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, S.C. 29201
6.It is understood by SEMC that S.C. Code Ann. § 44-7-320(D)(Supp.2003) states that
“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.”
7.The Department in no way waives its authority to enforce, by imposing penalties or
otherwise, all statutory and regulatory requirements for the licensure of SEMC.
8.SEMC has been informed by the Department that any violations of the regulations or
applicable licensing statutes may result in the imposition of penalties or revocation of the
license to operate SEMC, pursuant to S.C. Code Ann. § 44-7-320 (Supp. 2003), and the
facility administrator has been informed of these potential actions.
9.No additional statements, inducements or promises have been made by either party in
consideration for entering into this Consent Order.
10.SEMC understands that this Consent Order 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.
May 24, 2004
Carolyn C. MatthewsDate
Administrative Law Judge |
