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November 10, 2022
Pafoua Vang Xiong, Authorized Agent Asian Adult Day Care 1410 Energy Park Drive, Suite 1 St. Paul, Minnesota 55108
License Number: 1055524 (Rule 223)
CORRECTION ORDER
Dear Pafoua Vang Xiong:
On November 9, 2022, a licensing review of Asian Adult Day Care, located at 1410 Energy Park Drive, St. Paul, 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.
Citation: Minnesota Rules, part 9555.9690, subpart 3.
Violation: For one of two staff persons whose record was reviewed (SP1), the license holder did not provide orientation to the center as required.
The license holder rehired SP1 on July 11, 2022. The license holder failed to provide SP1 with 20 hours of orientation to the center within SP1’s first 40 hours of employment at the center, including:
· at least four hours of supervised orientation before SP1 worked directly with persons at the center;
· training related to the kinds of functional impairments of persons currently at the center; and
· safety requirements and procedures in part 9555.9720.
The license holder maintained documentation that SP1 was provided two hours of training on July 22, 2022 in the following areas: · laws governing maltreatment reporting and service planning for children and vulnerable adults, and staff responsibilities related to protecting persons from maltreatment and reporting maltreatment;
· areas related to care of center participants, including provision of medication assistance; and
· Minnesota Rules, parts 9555.9600 to 9555.9730.
Corrective Action Ordered: Within 30 days of receiving this order, you must provide training to SP1 related to the kinds of functional impairments of persons currently at the center. 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
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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