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April 26, 2023 Joel Bakken, Authorized Agent Solutions Behavioral Health Professionals 1547 30th Avenue South Moorhead, Minnesota 56560 License Number: 1073104 (245D - HCBS) CORRECTION ORDER Dear Joel Bakken: On March 31, 2023, a licensing review of Solutions Behavioral Health Professionals, located at 1547 30th Avenue South, Moorhead, 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 two of three persons whose records were reviewed (P1 and P2) 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 and P2 according to the standards in subpart 2, and failed to incorportate principles of person-centeredness into the services provided to P1 and P2. Corrective Action Ordered: Within 30 days of receiving this order, you must document the positive support strategies and person centered planning for P1 and P2 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 245A.65, subdivision 2, paragraph (b). Violation: For one person whose record was reviewed (P2), the license holder did not develop the individual abuse prevention plan as required. The license holder failed to develop an individual abuse prevention plan for P2 as part of the initial individual abuse prevention plan. Corrective Action Ordered: Within 30 days of receiving this order, you must develop an individual abuse prevention plan for P2. On an ongoing basis, you must maintain compliance as required in this subdivision. 3. Citation: Minnesota Statutes, section 245D.071, subdivision 3, paragraph (b). Violation: For one person whose record was reviewed (P2), the license holder did not, within the scope of services, complete assessments as required. The license holder failed to complete assessments for P2 that included information about the person that described the person's overall strengths, functional skills and abilities, and behaviors or symptoms. Corrective Action Ordered: Within 30 days of receiving this order, you must complete assessments for P2 that describe the person’s overall strengths, functional skills and abilities, and behaviors or symptoms. On an ongoing basis, you must maintain compliance throughout your program as required in this subdivision. 4. Citation: Minnesota Statutes, section 245D.071, subdivision 3, paragraph (c). Violation: For one person whose record was reviewed (P2), the license holder did not meet service planning requirements for an intensive service, as required. The license holder failed to meet with P2, P2’s legal representative, and P2’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. 5. Citation: Minnesota Statutes, section 245D.071, subdivision 4, paragraph (b). Violation: For one person whose record was reviewed (P2), 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 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 P2. On an ongoing basis, you must maintain compliance as required in this subdivision. 6. Citation: Minnesota Statutes, section 245D.071, subdivision 5, paragraph (b). Violation: For one person whose record was reviewed (P1), the license holder did not meet service plan review and evaluation requirements. The license holder failed to provide reports regarding P1 progress toward achieving the identified outcomes that: · summarized the person’s progress toward achieving the identified outcomes; · made recommendations; and · identified the rationale for changing, continuing, or discontinuing implementation of supports and methods. Corrective Action Ordered: On an ongoing basis, as required in this subdivision. 7. Citation: Minnesota Statutes, section 245D.10, subdivision 4, paragraph (b). Violation: For one person whose record was reviewed (P2), the license holder did not provide written or electronic copies of policies and procedures as required. The license holder failed to inform P2’s case manager of the following policies and procedures that affect a person’s rights and provide copies of those policies and procedures, within five working days of service initiation; · grievance policy; · temporary service suspension policy; · service termination policy; · emergency use of manual restraints policy; and · data privacy policy. Corrective action ordered: Within 30 days of receipt of this order, you must inform P2’s case manager of the policies and procedures that affect a person’s rights under section 245D.04, and provide copies of those policies and procedures as required in this subdivision. 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 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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