|
October 28, 2022 Abdullahi Aden, Authorized Agent AdenCare LLC 888 County Road D West New Brighton, Minnesota 55112 License Number: 1083445 (245D - HCBS) CORRECTION ORDER Dear Abdullahi Aden: On October 28, 2022, a licensing review of AdenCare LLC, located at 888 County Road D West, New Brighton, 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.071, subdivision 3, paragraph (c). Violation: For one of 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 meet with P1 and P1’s case manager and other members of the support team within 45 days of service initiation as required. Corrective Action Ordered: On an ongoing basis, you must maintain compliance as required in this subdivision. 2. Citation: Minnesota Statutes, section 245D.071, subdivision 4, paragraph (b). Violation: For one person whose record was reviewed (P1), the license holder did not develop a service plan that documents the service outcomes and supports based on the assessments as required. The license holder failed to document the following information in P1’s current supports and methods for current outcomes: · the methods or actions that will be used to support the person and to accomplish the service outcomes, including information about: o any changes or modifications to the physical and social environments necessary when the service supports are provided; o any equipment and materials required; and o techniques that are consistent with the person’s communication mode and learning style; · the measurable and observable criteria for identifying when the desired outcome has been achieved and how data will be collected; · the projected starting date for implementing the supports and methods and the date by which progress towards accomplishing the outcomes will be reviewed and evaluated; and · the names of the staff or position responsible for implementing the supports and methods. Corrective Action Ordered: Within 30 days of receiving this order, you must develop a service plan that documents the service outcomes and supports listed above for P1. This must be submitted to your licensor. On an ongoing basis, you must maintain compliance as required in this subdivision. 3. Citation: Minnesota Statutes, section 245D.09, subdivision 5. Violation: For two of two staff persons whose records were reviewed (SP1 and SP2), the license holder did not provide annual training as required. The license holder failed to provide SP1 and SP2 with the following annual training in 2022: · data privacy requirements according to sections 13.01 to 13.10 and 13.46, the federal Health Insurance Portability and Accountability Act of 1996 (HIPPA), and staff responsibilities related to complying with data privacy practices; · the service recipient rights and staff responsibilities related to ensuring the exercise and protection of those rights according to the requirements in section 245D.04; · sections 245A.65, 245A.66, 626.556, and 626.557, governing maltreatment reporting and service planning for children and vulnerable adults, and staff responsibilities related to protecting persons from maltreatment and reporting maltreatment; · 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 · strategies to minimize the risk of sexual violence, including concepts of healthy relationships, consent, and bodily autonomy of people with disabilities. · Additionally, the license holder failed to provide SP2 with basic first aid training. Repeat Violation: The license holder was cited for a similar violation in a correction order dated December 31, 2019. Corrective Action Ordered: Within 30 days of receiving this order, you must provide SP1 and SP2 with the above annual training. You must submit this to your licensor. On an ongoing basis, you must provide annual training as required in this subdivision. 4. Citation: Minnesota Statutes, section 245D.081, subdivision 2. Violation: The license holder did not ensure the delivery and evaluation of services provided were coordinated by the designated staff persons as required. The designated coordinator identified by the license holder (SP2) failed to provide supervision, support, and evaluation of activities that include: · oversight of the license holder's responsibilities assigned in the person's coordinated service and support plan and the coordinated service and support plan addendum; · taking the action necessary to facilitate the accomplishment of the outcomes according to the requirements in section 245D.07; · instruction and assistance to direct support staff implementing the coordinated service and support plan and the service outcomes, including direct observation of service delivery sufficient to assess staff competency; and · evaluation of the effectiveness of service delivery, methodologies, and progress on the person's outcomes based on the measurable and observable criteria for identifying when the desired outcome has been achieved according to the requirements in section 245D.07. Repeat Violation: The license holder was cited for a similar violation in a correction order dated December 31, 2019. Corrective Action: Within 20 days of receiving this order, you must: · hire or contract a person, other than SP2 and SP3, to be appointed as the designated coordinator, who is responsible for delivery and evaluation of services provided by the license holder; and · submit the name, contact information and qualifications of the person(s) you have hired or contracted and have ensured is competent to perform the duties of the designated manager as required in this section. On an ongoing basis, you must maintain compliance as required in this subdivision. 5. Citation: Minnesota Statutes, section 245D.081, subdivision 3. Violation: The license holder did not ensure that the designated managerial staff persons provided program management and oversight of the services provided as required. The designated managers identified by the license holder (SP3) failed to provide program management and oversight of the services provided by being responsible for the following: · maintaining a current understanding of the licensing requirements sufficient to ensure compliance throughout the program; · ensuring the duties of the designated coordinator are fulfilled; · ensuring staff competency requirements are met. The failure to provide program management and oversight of the services provided is evidenced in citation 1 through 4. Repeat Violation: The license holder was cited for a similar violation in a correction order dated December 31, 2019. Corrective Action Ordered: Within 20 days of receiving this order, you must: · hire or contract a person, other than SP2 and SP3, to be appointed as the designated manager, who is responsible for delivery and evaluation of services provided by the license holder; and · submit the name, contact information and qualifications of the person(s) you have hired or contracted and have ensured is competent to perform the duties of the designated manager as required in this section. On an ongoing basis, you must maintain compliance as required in this subdivision. Submissions required as part of a corrective action ordered must be sent to your Licensor at: Commissioner, Department of Human Services ATTN: Lindsay Norris Licensing Division PO Box 64242 St. Paul, MN 55164-0242 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
|
