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July 25, 2022 Blake Elliott, Authorized Agent Bridges MN 1932 University Ave West Saint Paul, Minnesota 55104 RE: Request for Reconsideration of Correction Order License Number: 1079030 (245D - HCBS) Dear Mr. Elliott: The Minnesota Department of Human Services (DHS), Division of Licensing, received your request for reconsideration of citation 3 in a Correction Order (Attachment A) issued to you by the Department of Human Services on February 25, 2022. After an independent review of the record, the Commissioner has determined that there is sufficient evidence to support the citation. Reconsideration Determination Citation 3. This citation was issued because for three person’s whose records were reviewed you did not provide services that complied with the requirements of chapter 245D and the federal waiver plans. Paragraph a, of the violation stated P10’s coordinated support and service plan addendum (“CSSPA”) stated that P10 received individualized home supports with training and 24-hour emergency support. These services are required to be provided in a person’s own home as defined in the federal waiver plan. In the review of the lease signed by the license holder, it was determined that C. Eater Investments II, LLC owned the property and that Bridges MN had a direct or indirect financial interest in the setting. Since the setting is not the person’s own home, these services are not allowed, according to the federal waiver plan. Paragraph b of the violation indicates, P5 and P14’s CSSPA stated that they received 24-hour emergency support. P14 received individualized home supports with family training. P5 received individualized home supports with training. The license holder indicated that the services provided to P5 and P14 were provided by their legal representatives and a relative. According the federal waiver plan, relatives cannot be paid to provide individualized home supports with training or with family training. Applicable Law. The license holder must provide services as assigned in the coordinated service and support plan. The provision of services must comply with the requirements of this chapter and the federal waiver plans. Minnesota Statutes, section 245D.07, subdivision 1. Your Response. You contend the license holder, Aldrich Boarding Care Home, LLC, dba Bridges MN, (“Bridges MN”) does not own the property because the owner of the property is C. Eater Investments II, LLC. Second, you argue Bridges MN does not directly or indirectly own the property because Bridges, MN is not a member of C. Eater Investments II, LLC. You state that Bridges MN is trying to transition to an Integrated Community Setting (“ICS”). Regarding paragraph 3b, the violations regarding P5 and P14, you state the CSBM was updated in November 2021, to add additional restrictions on relatives and what services they are allowed to provide and that the licensing review was in January 2022. You stated that Bridges is in the process of moving the individuals to services that are allowable under the new guidelines, but it takes time. Reconsideration Determination. P10’s individualized home supports with training and 24-hour emergency support services must be provided in his/her own home to comply with chapter 245D.07 and the federal waiver plan. A setting is a person’s “own home” when the person owns or rents and maintains control over the individual unit as demonstrated by the lease agreement. The service provider cannot own, operate, or lease the home/unit or have a direct or indirect financial interest in the persons housing. See the CSBM – Definition of Own home. The HCBS services you provided were not provided in P10’s own home because you, a controlling individual and owner of Bridges MN had a direct or indirect financial interest in P10s housing. You, Blake Elliot are a controlling individual and owner of Bridges MN, and you have an ownership in C. Eater Investments II, LLC, the lessor on P10’s lease. You told the licensor at the licensing review that you had an ownership interest in C. Eater Investments II, LLC and in your reconsideration request you do not dispute or provide any evidence to the contrary. Further, the Minnesota Secretary of State’s website confirms you are a registered agent on C. Eater Investments LLC. The Minnesota Secretary of State’s website did not list the registered agents for C. Eater Investments II, LLC. However, C. Eater Investments LLC, for which you are listed as the registered agent and C. Eater investments II, LLC, have the same address. Your statement combined with the information from the Minnesota Secretary of State’s Office show you had a direct or indirect financial interest in C. Eater Investments II, LLC, the lessor of P10’s home. You do not dispute paragraph b of the citation. You admit you had not complied with the federal waiver at the time of the licensing review. As such, there is sufficient evidence to support citation 3 and it is affirmed. Disposition: The Commissioner has reviewed the relevant laws and all of the information you submitted in response to the Correction Order. The record supports this citation and it is affirmed. This is a final agency decision. Sincerely,
Kofi Montzka, Attorney Legal Counsel’s Office Office of Inspector General
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