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October 28, 2022 May Mua Hurth Touching Lives Adult Day Services 4833 West 123rd Street Savage, Minnesota RE: Request for Reconsideration of Correction Order License Number: 1104855 (Rule 223) Dear May Mua Hurth: The Minnesota Department of Human Services (DHS), Division of Licensing, received your request for reconsideration of one citation that DHS issued to you in a Correction Order dated March 31, 2022 (Attachment A). The license holder did not challenge the other 13 citations that were cited in the Correction Order. SUMMARY OF CITATIONS AND RECONSIDERATION DETERMINATION: Citation # 10: DHS issued Citation # 10 because it determined that the license holder did not ensure that the center director (SP3) met requirements. Specifically, the license holder failed to ensure that SP3: (1) completed two years of paid or volunteer experience in planning or delivering health or social services including experience in supervision and administration; or (2) completed four years of paid or volunteer experience in planning or delivering health or social services including two years of experience in supervision and administration. Your Response: The license holder stated that SP3 is the right person to serve as program director. The license holder stated that SP3 has 25 years of experience of managing an office, which over qualifies SP3 for the management requirement. The license holder stated that SP3 was heavily involved in SP3’s community servicing the elder population since 1990. The license holder also stated that SP3 is a legal guardian and conservator for SP3’s relative, a legal representative for other family members, and a caretaker for another family member. The license holder submitted SP3’s cover letter, resume, and a letter of recommendation from SP3’s former employer. Applicable Law: Minnesota Rules, part 9555.9680, subpart 1, states that the center director must meet both the requirements in items A and B or only the requirement in item C: A. licensure by the state of Minnesota as a licensed practical nurse or completion of at least two years of postsecondary education from an accredited college, university, technical college, or correspondence school; and B. completion of two years of paid or volunteer experience in planning or delivering health or social services including experience in supervision and administration; or C. completion of four years of paid or volunteer experience in planning or delivering health or social services including two years of experience in supervision and administration.
Reconsideration Determination: At the time of the licensing review, the license holder demonstrated that SP3 partially met the requirements for the center director position that are set forth in Minnesota Rules, part 9555.9680, subpart 1, because SP3 completed at least two years of postsecondary education from an accredited college, university, technical college, or correspondence school, as described by item A. However, the license holder did not demonstrate at the time of the licensing review or on reconsideration that SP3 met the requirements of Minnesota Rules, part 9555.9680, subpart 1, item B, because SP3 did not demonstrate “completion of two years of paid or volunteer experience in planning or delivering health or social services including experience in supervision and administration.” As an initial matter, SP3’s resume includes general periods of time during which SP3 served in volunteer roles for two organizations, but SP3 did not identify the number of hours that SP3 participated in each of the volunteer activities. Further, the volunteer and paid roles that the license holder identified on reconsideration and at the time of the licensing review do not meet the requirements of item B, as follows: · Executive assistant and office manager at a tobacco manufacturing company: This position does not meet requirements because it does not include experience planning or delivering health or social services. · President and treasurer at a cultural association: According to SP3’s resume, SP3 served as translator, representative, and liaison for the interests of community elders. Although this role could loosely be considered planning or delivering social services, there is no information that SP3’s responsibilities included supervision of social services. · Community coordinator: According to SP3’s resume, SP3 planned and executed community events around cultural holidays and to raise funds. The description of this role does not indicate that SP3 had experience planning or delivering health or social services. · Legal guardian and conservator for SP3’s relative, a legal representative for other family members, and a caretaker for another family member: Although these services could loosely be considered planning or delivering social services, there is no information that SP3’s responsibilities included supervision of social services. Therefore, Citation #10 was correct 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 evidence supports Citation # 10 and, therefore, it citation is affirmed. The other 13 citations in the Correction Order, which the license holder did not challenge, are also affirmed. This is a final agency decision. The Commissioner appreciates your response and encourages you to continue to work cooperatively with your licensor to ensure the safety and well-being of the individuals you serve. Sincerely,
Morgan Bianco, Attorney Legal Counsel’s Office, Office of Inspector General
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