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November 2, 2022 April Collman, Authorized Agent Walker Adult Day Services 6835 Cranberry Bog Trail Northwest Walker, Minnesota 56484 License Number: 1091575 (Rule 223) CORRECTION ORDER Dear April Collman: On November 1, 2022, a licensing review of Walker Adult Day Services, located at 6835 Cranberry Bog Trail Northwest, Walker, Minnesota, was conducted to determine compliance with Minnesota Statutes and Rules governing adult day care services under Minnesota Rules, parts 9555.9600 through 9555.9730 (Rule 223). 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 245A.65, subdivision 2, paragraph (b). Violation: For one of two participants whose record was reviewed (P1), the license holder did not meet the requirements for an individual abuse prevention plan (IAPP). The license holder failed to review P1’s IAPP quarterly as part of the review of the program plan or service plan between September 14, 2021 and March 5, 2022. Corrective Action Ordered: On an ongoing basis, you must maintain compliance as required in this subdivision. 2. Citation: Minnesota Rules, part 9555.9660, subpart 1. Violation: For two participants whose records were reviewed (P1 and P2), the license holder did not include information in the participant’s written record as required. a. The license holder failed to include the following information in P1’s record: · an application form that included the name and telephone number of the secondary person to call in case of an emergency involving P1; and · a medical report dated within the three months prior to or 30 days after P1’s admission to the center. P1 was admitted to the center on August 25, 2021 and the license holder maintained a medical report for P1 in August 2022. b. The license holder failed to include a medical report dated within the three months prior to or 30 days after P2’s admission to the center. P2 was admitted to the center on April 26, 2022 and the license holder maintained a medical report for P2 in August 2022. Corrective Action Ordered: Within 30 days of receiving this order, you must update P1’s application form to include the name and telephone number of the secondary person to call in case of an emergency involving P1. On an ongoing basis, you must maintain compliance as required in this part. 3. Citation: Minnesota Rules, part 9555.9700, subpart 2. Violation: For two participants whose records were reviewed (P1 and P2), the license holder did not complete initial service planning as required. a. The license holder failed to conduct needs assessments for P1 and P2 that addressed the participant’s physical status using information from the medical report received from the participant’s physician. · The license holder conducted P1’s needs assessment on August 26, 2021; however, the license holder did not receive the medical report from P1’s physician until August 2022. · The license holder conducted P2’s needs assessment on April 26, 2022; however, the license holder did not receive the medical report from P2’s physician until August 2022. b. The license holder failed to develop a preliminary service plan for P1 that included the role of P1’s caregiver or caregivers in carrying out the service plan. Corrective Action Ordered: Within 30 days of receiving this order, you must update P1’s preliminary service plan to include the role of P1’s caregiver or caregivers in carrying out the service plan. On an ongoing basis, you must maintain compliance as required in this subpart. 4. Citation: Minnesota Statutes, section 245A.65, subdivision 3. Violation: For one of two staff persons whose record was reviewed (SP2), the license holder did not provide annual review to a mandated reporter as required. The license holder failed to provide SP2 annual review in 2022 to the reporting requirements and definitions in sections 626.557 and 626.5572, the requirements of this section, the license holder's program abuse prevention plan, and all internal policies and procedures related to the prevention and reporting of maltreatment of individuals receiving services. Corrective Action Ordered: Immediately, you must provide the required annual review detailed above to SP2. On an ongoing basis, you must maintain compliance as required in this subdivision. 5. Citation: Minnesota Rules, part 9555.9690, subpart 4. Violation: For one staff person whose record was reviewed (SP2), the license holder did not provide in-service training annually as required. The license holder failed to provide SP2 in-service training annually in areas related to care of center participants, including review of parts 9555.9600 to 9555.9730. Corrective Action Ordered: Within 30 days of receiving this order, you must provide the required in-service training detailed above to SP2. On an ongoing basis, you must maintain compliance as required in this subpart. 6. Citation: Minnesota Rules, part 9555.9730, subpart 3. Violation: The license holder did not equip restrooms used by participants with a mechanism that participants could use to signal staff members by light or by sound if participants needed assistance as required. The center had two restrooms that each had multiple stalls. The license holder equipped one stall in each restroom with a sound mechanism that participants could use to signal staff members if participants needed assistance; however, the license holder failed to equip each stall with a mechanism. Corrective Action Ordered: Immediately, you must equip restrooms used by participants with a mechanism that participants can use to signal staff members by light or by sound if participants need assistance. On an ongoing basis, you must maintain compliance as required in this subpart. If you fail to correct the violations specified in the Correction Order within the prescribed time lines the Commissioner may issue an Order of Conditional License or may impose a fine and order other licensing sanctions pursuant to Minnesota Statutes, sections 245A.06 and 245A.07. 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: Office of Inspector General Legal Counsel’s Office Attention: Licensing Legal Unit P.O. Box 64953 Saint Paul, MN 55164-0953 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 me as soon as possible. Brittany Raddatz, Human Services Senior Licensor Licensing Division Office of Inspector General 651-431-6591
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