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April 27, 2023
Jacob Margarit, Authorized Agent Lutheran Social Service of Minnesota 2485 Como Avenue Saint Paul, Minnesota 55108
License Number: 1069963 (245D - HCBS)
CORRECTION ORDER
Dear Jacob Margarit:
On April 27, 2023, a licensing complaint investigation of Lutheran Social Service of Minnesota, located at 2485 Como Avenue, Saint Paul, Minnesota, was completed 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 investigation 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. Citation: Minnesota Statutes, section 245D.04, subdivision 3. Violation: For one of one person whose record was reviewed (P1), the license holder did not ensure the protection of the person’s rights in the services provided. The license holder had “Special Outing” included in P1’s coordinated service and support plan addendum (CSSPA), which limited or restricted the individual rights.
Corrective Action Ordered: You must upon receipt of this order: · Immediately discontinue the use of any individual or program plans, rules, guidelines, or document that restricts or limits the rights of persons receiving services. · If the restriction of a person’s rights under section 245D.04, subdivision 3, paragraph (a), clauses (13) to (16), or paragraph (b) is determined necessary to ensure health, safety, and well-being of the person, the restriction of those rights must be documented in the CSSPA and follow all standards required in subdivision 3, paragraph (c).
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
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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