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August 18, 2022
Laura Marie Hoemberg, Authorized Agent Seasons Adult Foster Care LLC 116 Fourth Street Northeast Staples, Minnesota 56479
License Number: 1067202 (245D - HCBS)
CORRECTION ORDER
Dear Laura Marie Hoemberg:
On August 5, 2022, a licensing review of Seasons Adult Foster Care LLC, located at 116 Fourth Street Northeast, Staples, Minnesota, was conducted to determine compliance with state and federal laws and rules governing the provision of home and community-based services to persons with disabilities and age 65 and older under Minnesota Statutes, Chapter 245D. As a result of this licensing review a Correction Order is being issued.
A. Reason for Correction Order
Pursuant to Minnesota Statutes, section 245A.06, if the Commissioner of the Department of Human Services (DHS) finds that the license holder has failed to comply with an applicable law or rule and this failure does not imminently endanger the health, safety, or rights of the persons served by the program, the Commissioner may issue a Correction Order to the license holder. The following violation(s) of state or federal laws and rules were determined as a result of the licensing review. Corrective action for each violation is required by Minnesota Statutes, section 245A.06 and is hereby ordered by the Commissioner of Human Services. 1. Citation: Minnesota Statutes, section 245D.05, subdivision 1.
Violation: For two of two persons whose records were reviewed (P1 and P2), the license holder was assigned responsibility for meeting health service needs assigned in the coordinated service and support plan. The license holder did not maintain documentation on how P1 and P2’s health needs will be met as required.
The license holder was assigned responsibility for meeting health service needs in the coordinated service and support plan for P1 and P2. The license holder failed to maintain documentation on how P1 and P2’s health needs will be met, including a description of the procedures the license holder will follow in order to assist with or coordinate medical, dental, and other health service appointments.
Corrective action ordered: Within 30 days of receiving this order, you must maintain documentation of how P1 and P2’s health service needs will be met as required in this subdivision. On an ongoing basis, you must maintain compliance as required in this subdivision.
2. Citation: Minnesota Statutes, section 245D.051, subdivision 1, paragraph (b).
Violation: For two persons whose records were reviewed (P1 and P2), the license holder did not meet the requirements for psychotropic medication use and monitoring as required.
P1 and P2 were prescribed psychotropic medications. The license holder was assigned the responsibility of medication administration for P1 and P2. The license holder failed to document the description of the target symptoms that the psychotropic medication was prescribed to alleviate and failed to obtain documentation methods used to monitor and measure.
Corrective Action Ordered: Within 30 days of received this order, you must develop, implement, and maintain documentation that includes a description of the target symptoms for each psychotropic medication P1 and P2 are prescribed and the methods used to monitor and measure changes in the target symptoms if required by the prescriber. On an ongoing basis, you must maintain compliance as required in this subdivision.
3. Citation: Minnesota Statutes, section 245D.06, subdivision 4, paragraph (a).
Violation: For two persons whose records were reviewed (P1 and P2), the license holder did not meet the requirements for safekeeping of funds and property as required.
The license holder assisted P1 and P2 with the safekeeping of funds, however, the license holder failed to obtain written authorization from P1’s case managers and P2’s legal representative and case manager for the safekeeping of funds and property as required.
Corrective Action Ordered: Immediately, you must obtain authorization for the safekeeping of funds and property from P1’s case manager and P2’s legal representative and case manager. On an ongoing basis, you must maintain compliance as required in this subdivision. 4. Citation: Minnesota Statutes, section 245D.071, subdivision 3, paragraph (b).
Violation: For one person whose record was reviewed (P1), the license holder did not meet service planning requirements for an intensive service, as required.
The license holder failed to produce assessments that described P1’s overall strengths and functional skills in the coordinated services and support plan addendum.
Corrective Action Ordered: Within 30 days of receiving this order you must review and revise the service plan to include the person’s overall strengths and functional skills. The results must be reviewed by the support team or expanded support team as a part of a service plan review. On an ongoing basis, you maintain compliance as required in this subdivision.
5. Citation: Minnesota Statutes, section 245D.09, subdivision 4.
Violation: For two of five staff persons whose records were reviewed (SP1 and SP2), the license holder did not provide orientation training as required.
The license holder failed to provide SP2 and SP4 with orientation training in the following areas within 60 days of hire:
· the license holder's current policies and procedures required under this chapter, including their location and access, and staff responsibilities related to implementation of those policies and procedures including:
o grievance policy
o service suspension policy
o use of universal precautions and sanitary practices
o health service coordination and care
o safe medication assistance and administration
o safe transportation
o service admission
o emergency response, reporting, and reviewing
o incident response, reporting, and reviewing
o service termination policy; and
o prohibition on drug and alcohol use policy.
Corrective Action Ordered: Within 30 days of receiving this order, you must provide SP2 and SP4 with the above mentioned training. On an ongoing basis, you must provide orientation training as required in this subdivision.
6. Citation: Minnesota Statutes, section 245D.09, subdivision 5.
Violation: For two staff persons whose records were reviewed (SP1 and SP5), the license holder did not provide annual training as required.
a. The license holder failed to provide SP1 with the following annual training in 2022:
· the principles of person-centered service planning and delivery as identified in section 245D.07, subdivision 1a, and how they apply to direct support service provided by the staff;
· the safe and correct use of manual restraint on an emergency basis according to the requirements in section 245D.061, and what constitutes the use of restraints, time out, and seclusion, including chemical restraint;
· staff responsibilities related to the prohibited procedures under section 245D.06, subdivision 5, why such procedures are not effective for reducing or eliminating symptoms or undesired behavior, and why such procedures are not safe; and
· basic first aid.
b. The license holder failed to provide SP5 with the following annual training in 2022:
· annual review to the license holder’s program abuse prevention plan; and
· basic first aid.
Corrective Action Ordered: Within 30 days of receiving this order, you must provide SP1 and SP5 with the above annual training. On an ongoing basis, you must provide annual training as required in this subdivision.
B. Right to Request Reconsideration If you believe any of the citations are in error, you have the right to request that the Commissioner of Human Services reconsider the parts of the Correction Order that you believe to be in error. The request for reconsideration must be in writing and received by the Commissioner within 20 calendar days after receipt of this report. Your request for reconsideration must be sent to: Commissioner, Department of Human Services ATTN: Legal Unit Licensing Division PO Box 64242 St. Paul, MN 55164-0242 Please note that a request for reconsideration does not stay any provisions or requirements of the Correction Order. The Commissioner’s disposition of a request for reconsideration is final and not subject to appeal under Minnesota Statutes, chapter 14. If you have any questions regarding this Correction Order, please contact Lindsay Norris at 651-431-5752 as soon as possible. Lindsay Norris, Senior Licensor-Home and Community Based Services Licensing Division Office of Inspector General
PO Box 64242 • Saint Paul, Minnesota • 55164-0242 • An Equal Opportunity and Veteran Friendly Employer https://mn.gov/dhs/general-public/licensing/
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