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March 13, 2023
Sabah Omar Yusuf, Authorized Agent Franklin Care LLC 5913 Pleasant Avenue Suite 102 Minneapolis, MN, 55419
License Number: 1106806 (245D – HCBS)
CORRECTION ORDER
Dear Sabah Omar Yusuf:
On February 17, 2023, a licensing review of Franklin Care LLC, located at 5913 Pleasant Avenue Suite 102, Minneapolis, 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 4, paragraph (b).
Violation: For two of two persons whose records were reviewed (P1 and P2), the license holder did not develop a service plan that documented the service outcomes and supports as required.
The license holder failed to document the following information in P1 and P2’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 and P2. On an ongoing basis, you must maintain compliance as required in this subdivision.
2. Citation: Minnesota Statutes, section 245D.095, subdivision 2.
Violation: The license holder did not maintain an admission record as required.
While the license holder kept a written register that included admission of one person served by the program, the license holder failed to keep a written or electronic register, listing in chronological order the dates and names of all persons served by the program who have been admitted and discharged.
Corrective Action Ordered: Within 30 days of receiving this order, you must update your written or electronic register to list in chronological order the dates and names of all persons served by your program who have been admitted and discharged. On an ongoing basis, you must maintain compliance as required in this subdivision.
3. Citation: Minnesota Statutes, section 245D.095, subdivision 3.
Violation: For two persons whose records were reviewed (P1 and P2), the license holder did not maintain a service recipient record as required.
The license holder failed to maintain progress or daily log notes that were recorded by the program in P1 and P2’s service recipient records.
Corrective Action Ordered: On an ongoing basis, you must maintain compliance as required in this subdivision.
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:
Commissioner, Department of Human Services Office of Inspector General Legal Counsel’s Office Attention: Licensing Legal Unit PO Box 64953 St. 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 Robert Romani, Senior Licensor, at 651-431-3658, as soon as possible.
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/
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