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April 18, 2023 Barbara Turner, Authorized Agent Beacon Specialized Living Minnesota, Inc. 1355 Mendota Heights Road, Suite 260 Mendota Heights, Minnesota 55120 License Number: 1070450 (245D – HCBS) Investigation Report Number: 202300580 CORRECTION ORDER Dear Barbara Turner: On April 10, 2023, a licensing investigation of Beacon Findlay located at 12988 Findlay Way, Apple Valley, 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.06, subdivision 1, paragraph (e). Violation: For one of one person whose record was reviewed (P1), the license holder did not meet the protection standards of incident reporting as required. An incident regarding P1 that occurred on January 16, 2023, resulted in P1 being assessed and received treatment by a healthcare professional due to injuries that resulted from self-injurious behavior. The license holder failed to report the serious injury to the Department of Human Services Licensing Division and the Office of Ombudsman for Mental Health and Developmental Disabilities as required under section 245.94, subdivision 2a, within 24 hours of the serious injury, or receipt of information that the serious injury occurred. Corrective Action Ordered: Immediately, upon receipt of this order, you must report the serious injury to the Department of Human Services Licensing Division and the Office of Ombudsman for Mental Health and Developmental Disabilities. On an ongoing basis, you must maintain compliance as required in this subdivision. 2. Citation: Minnesota Statutes, section 245D.07, subdivision 1a. Violation: For one person whose record was reviewed (P1), the license holder did not meet the requirements for person-centered planning and service delivery. DHS licensing received a report alleging that P1’s identified needs were not met by the program. The license holder maintained a document in P1’s support plan titled “CSSP Addendum including Self-Management Assessment information”. This plan documented, “Beacon Specialized Living staff remains with P1 during their time together in the community. Staff will provide verbal assistance to maintain P1’s safety while P1 is in the community”. Through an investigation of this report, it was determined that P1 was unsupervised in the community which resulted in a physical altercation with a community member. The license holder failed to provide services in response to P1’s identified supervision needs. Corrective Action Ordered: The license holder retrained all staff on P1’s supervision needs and the positive support strategies to support P1 on February 15, 2023. On an ongoing basis, you must maintain compliance as required in this subdivision. 3. Citation: Minnesota Statutes, section 245D.071, subdivision 3. Violation: For one person whose record was reviewed (P1), the license holder did not meet service planning and delivery requirements for an intensive service as required. The license holder did complete an assessment on October 29, 2021, however, the assessments failed to produce information about the P1 that described P1’s overall strengths, functional skills and abilities in the following areas: · the person's ability to self-manage health and medical needs to maintain or improve physical, mental, and emotional well-being, including, when applicable, allergies, seizures, choking, special dietary needs, chronic medical conditions, self-administration of medication or treatment orders, preventative screening, and medical and dental appointments; · the person's ability to self-manage personal safety to avoid injury or accident in the service setting, including, when applicable, risk of falling, mobility, regulating water temperature, community survival skills, water safety skills, and sensory disabilities; and · the person's ability to self-manage symptoms or behavior that may otherwise result in an incident as defined in section 245D.02, subdivision 11, clauses (4) to (7), suspension or termination of services by the license holder, or other symptoms or behaviors that may jeopardize the health and welfare of the person or others. Corrective Action Ordered: Within 30 days of receiving this order you must revise the required assessments for P1 to include information about P1 that describes P1’s overall strengths, functional skills, and abilities. On an ongoing basis, you must maintain compliance as required in this subdivision. 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 Amber Nielsen at amber.n.nielsen@state.mn.us or 651-431-3661 as soon as possible. Christala Culhane, HCBS Licensing Supervisor Licensing Division Office of Inspector General
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