Minnesota

February 27, 2023

Adam Adam, Authorized Agent

Riverside Adult Care Inc

924 19th Avenue South, Suite B

Minneapolis, Minnesota 55404

License Number: 1101729 (Rule 223)

CORRECTION ORDER

Dear Adam Adam:

On February 16, 2023, a licensing review of Riverside Adult Care Inc, located at 924 19th Avenue South, Minneapolis, 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 Rules, part 9555.9660.

Violation: For one of six participants whose record was reviewed (P6), the license holder did not include information in the participant’s written record as required.

The license holder failed to include a medical report in P6’s record dated within the three months prior to or 30 days after P6’s admission to the center. P6 was admitted to the center on November 2, 2022 and the license holder maintained a medical report for P6 on December 28, 2022.

Corrective Action Ordered: On an ongoing basis, you must maintain compliance as required in this part.

2. Citation: Minnesota Rules, part 9555.9700, subpart 2.

Violation: For one participant whose record was reviewed (P5), the license holder did not complete initial service planning as required.

The license holder failed to conduct a needs assessment for P5 that included an accurate and consistent assessment of P5’s physical status. The license holder maintained documentation of a ‘Vulnerable Adult Assessment’ that indicated P5 ambulated with “assist/device,” however, the license holder maintained documentation of a ‘Preliminary Service Plan’ that stated P5’s physical status was “fit, good.”

Corrective Action Ordered: Within 30 days of receiving this order, you must maintain documentation of a needs assessment for P5 that includes an accurate and consistent assessment of P5’s physical status. On an ongoing basis, you maintain compliance as required in this part.

3. Citation: Minnesota Rules, part 9555.9700, subpart 3.

Violation: For five participants whose records were reviewed (P1, P3, P4, P5 and P6), the license holder did not develop a written plan of care as required.

a. The license holder failed to develop written plans of care for P1 and P6 that included:

· short and long-term objectives for the participant stated in concrete, measurable, and time specific outcomes;

· the staff members responsible for implementing the individual plan of care; and

· the anticipated duration of the individual plan of care as written.

b. The license holder failed to develop written plans of care for P3, P4 and P5 that included:

· short and long-term objectives for the participant stated in concrete, measurable, and time specific outcomes; and

· the anticipated duration of the individual plan of care as written.

§Corrective Action Ordered: Within 30 days of receiving this order, you must:

· develop written plans of care for P1, P3, P4, P5 and P6 with the person, that includes the information listed above;

· complete an audit of all participants’ written plans of care to ensure the requirements in Minnesota Rules, part 9555.9700, subpart 3 are maintained; and

· for participants who do not have a written plan of care that includes all required information, you must develop a plan detailing how your program will maintain a complete written plan of care within 60 days of receiving this order.

On an ongoing basis, you must maintain compliance as required in this subpart.

4. Citation: Minnesota Rules, part 9555.9710, subpart 7.

Violation: For one participant whose record was reviewed (P4), the license holder did not offer services as required.

The license holder failed to maintain a family and social history in P4’s record that was updated annually. The license holder maintained documentation that P4’s family and social history was reviewed on August 25, 2021 and December 28, 2022.

Corrective Action Ordered: On an ongoing basis, you must maintain compliance as required in this part.

5. Citation: Minnesota Rules, part 9555.9650, item A.

Violation: For one of three staff persons whose record was reviewed (SP1), the license holder did not maintain personnel records as required.

The license holder failed to maintain documentation of annual performance evaluations in SP1’s personnel record in 2021. SP1 was hired on October 16, 2020, however, the license holder only maintained documentation of an annual performance evaluation dated April 21, 2022.

Corrective Action Ordered: On an ongoing basis, you must maintain compliance as required in this item.

6. Citation: Minnesota Statutes, section 245A.65, subdivision 3.

Violation: For two staff persons whose records were reviewed (SP1 and SP2), the license holder did not provide annual review to a mandated reporter as required.

The license holder failed to provide SP1 and SP2 annual review to the reporting requirements and definitions in sections 626.557 and 626.5572, the requirements of this section, the license holder's PAPP, 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 SP1 and SP2. On an ongoing basis, you must maintain compliance as required in this subdivision.

7. Citation: Minnesota Rules, part 9555.9690, subpart 4.

Violation: For two staff persons whose records were reviewed (SP1 and SP2), the license holder did not provide in-service training annually as required.

The license holder failed to provide SP1 and SP2 a minimum of eight hours of in-service training annually in areas related to care of center participants, including provision of medication assistance, and 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 SP1 and SP2. 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 your licensor, Desiree Tiller, at 651-431-4622.

Brittany Raddatz, Supervisor

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/