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April 5, 2023 Said Ali, Authorized Agent Absolute Home Care, LLC 7420 Unity Avenue North, Suite 112C Brooklyn Park, Minnesota 55443 License Number: 1097457 (245D - HCBS) CORRECTION ORDER Dear Said Ali: On March 23, 2023, a licensing review of Absolute Home Care, LLC, located at 7420 Unity Avenue North, Suite 112C, Brooklyn Park, 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 Rules, part 9544.0030, subparts 1 and 2. Violation: For one of one person whose record was reviewed (P1), the license holder did not meet the requirements of positive support strategies and person-centered planning as required. The license holder failed to develop and implement positive support strategies for P1 according to the standards in subpart 2, and failed to incorportate principles of person-centeredness into the services provided to P1. Additionally, the license holder failed to evaluate with P1 identified positive support strategies at least every six months. Corrective Action Ordered: Within 30 days of receiving this order, you must document the positive support strategies and person centered planning for P1 as required in these subparts. On an ongoing basis, you must evaluate with the person, at least every six months, whether the identified positive support strategies currently meet the standards in subpart 2 and determine whether changes are needed in the positive support strategies used based upon the results of the evaluation, and if so, make appropriate changes. 2. Citation: Minnesota Statutes, section 245D.04, subdivision 1, paragraph (1). Violation: For one person whose record was reviewed (P1), the license holder did not provide the legal representative with a written notice that identified the service recipient rights as required. P1’s service initiation date was August 12, 2022. The license holder failed to provide P1’s legal representative with a notice that identified the service recipient rights and an explanation of those rights within five working days of service initiation. Corrective Action Ordered: Within 30 days of receiving this order, you are ordered to provide P1’s legal representative with the above mentioned written notice. This notice must also be provided annually thereafter. On an ongoing basis, you must maintain compliance throughout your program as required in this subdivision. 3. Citation: Minnesota Statutes, section 245D.07, subdivision 2, paragraph (c). Violation: For one person whose record was reviewed (P1), the license holder did not meet service planning requirements for basic support services as required. The license holder failed to review and revise as needed P1’s preliminary coordinated service and support plan addendum within 60 calendar days of service initiation. Corrective Action Ordered: On an ongoing basis, you must maintain compliance as required in this subdivision. 4. Citation: Minnesota Statutes, section 245D.071, subdivision 3, paragraph (b). Violation: For one person whose record was reviewed (P1), the license holder did not, within the scope of services, complete assessments as required. The license holder failed to complete assessments for P1 that included information about the person that described the person's overall strengths, functional skills and abilities, and behaviors or symptoms. However, the license holder no longer provides P1 with the services that require these assessments. Corrective Action Ordered: On an ongoing basis, you must maintain compliance throughout your program as required in this subdivision. 5. Citation: Minnesota Statutes, section 245D.071, subdivision 3, paragraph (c). Violation: For one person whose record was reviewed (P1), the license holder did not meet service planning requirements for an intensive service, as required. P1’s services were initiated on August 12, 2022. The license holder failed to meet with P1, P1’s legal representative, and P1’s case manager and other members of the support team within 45 days of service initiation as required. Corrective Action Ordered: On an ongoing basis, you must maintain compliance as required in this subdivision. 6. Citation: Minnesota Statutes, section 245D.071, subdivision 3, paragraph (d). Violation: For one person whose record was reviewed (P1), the licensed holder did not meet the requirements for initial service planning as required for intensive support services. The license holder failed to have a discussion at the 45 day planning meeting with P1, P1’s legal representative, and P1’s case manager about how technology might be used to meet P1’s desired outcomes and failed to maintain a summary of that discussion in P1’s coordinated service and support plan addendum. Corrective Action Ordered: On an ongoing basis, you must maintain compliance as required in this subdivision. 7. Citation: Minnesota Statutes, section 245D.071, subdivision 4, paragraph (b). Violation: For one person whose record was reviewed (P1), the license holder did not develop a service plan that documents the service outcomes and supports based on the assessments as required. The license holder failed to document the following information in P1’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: On an ongoing basis, you must maintain compliance as required in this subdivision. 8. Citation: Minnesota Statutes, section 245D.09, subdivision 4. Violation: For two of two staff persons whose records were reviewed (SP1 and SP2), the license holder did not provide orientation training as required. The license holder failed to provide orientation training in the following areas within 60 days of hire to SP1 and SP2: · The license holder's current policies and procedures required under this chapter, including their location and access, and staff responsibilities related to implementation of those policies and procedures including: o grievance policy o service suspension policy o use of universal precautions and sanitary practices o health service coordination and care o safe transportation o service admission o emergency response, reporting, and reviewing o incident response, reporting, and reviewing o service termination policy; and o prohibition on drug and alcohol use policy; · sections 245A.65, 245A.66, 626.556, and 626.557, governing maltreatment reporting and service planning for children and vulnerable adults, and staff responsibilities related to protecting persons from maltreatment and reporting maltreatment. This orientation must be provided within 72 hours of first providing direct contact services; · the principles of person-centered service planning and delivery as identified in section 245D.07, subdivision 1a, and how they apply to direct support service provided by the staff person; · basic first aid; and · training to the person including the coordinated service and support plan, coordinated service and support plan addendum as it relates to the responsibilities assigned to the license holder, the person’s individual abuse prevention plan to achieve and demonstrate an understanding of the person as a unique individual and how to implement those plans. Corrective Action Ordered: Within 30 days of receiving this order, you must provide SP1 and SP2 with the above mentioned training. On an ongoing basis, you must provide orientation training as required in this subdivision. 9. Citation: Minnesota Statutes, section 245D.081, subdivision 2. Violation: The license holder did not ensure the delivery and evaluation of services provided were coordinated by the designated staff persons as required. The designated coordinator identified by the license holder (SP3) failed to provide supervision, support, and evaluation of activities that include: · oversight of the license holder's responsibilities assigned in the person's coordinated service and support plan and the coordinated service and support plan addendum; · taking the action necessary to facilitate the accomplishment of the outcomes according to the requirements in section 245D.07; · instruction and assistance to direct support staff implementing the coordinated service and support plan and the service outcomes, including direct observation of service delivery sufficient to assess staff competency; and · evaluation of the effectiveness of service delivery, methodologies, and progress on the person's outcomes based on the measurable and observable criteria for identifying when the desired outcome has been achieved according to the requirements in section 245D.07. Corrective Action: Within 20 days of receiving this order, you must complete a training designed for designated coordinators and designated managers. You must submit this to your licensor. 10. Citation: Minnesota Statutes, section 245D.081, subdivision 3. Violation: The license holder did not ensure that the designated managerial staff persons provided program management and oversight of the services provided as required. The designated managers identified by the license holder (SP3) failed to provide program management and oversight of the services provided by being responsible for the following: · maintaining a current understanding of the licensing requirements sufficient to ensure compliance throughout the program; · ensuring the duties of the designated coordinator are fulfilled; · ensuring staff competency requirements are met. The failure to provide program management and oversight of the services provided is evidenced in citations 1 through 9.
Corrective Action Ordered: Within 20 days of receiving this order, you must complete a training designed for designated coordinators and designated managers. You must submit this to your licensor. On an ongoing basis, you must maintain compliance as required in this subdivision. Submissions required as part of a corrective action ordered must be sent to your Licensor at: Commissioner, Department of Human Services ATTN: Lindsay Norris Licensing Division PO Box 64242 St. Paul, MN 55164-0242 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 Lindsay Norris at 651-431-5752 as soon as possible. Lindsay Norris, Senior Licensor-Home and Community Based Services Licensing Division Office of Inspector General
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