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April 28, 2023
Stephen Pareja, Authorized Agent Catholic Charities In Home Program 157 Roosevelt Road, Suite 200 Saint Cloud, Minnesota 56301-5485
License Number: 1070417 (245D – HCBS) Investigation Report Number: 202301294
CORRECTION ORDER
Dear Stephen Pareja:
On April 6, 2023, a licensing investigation of Catholic Charities Bethany Home, located at 13 8th Avenue South, Cold Spring, 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.10, subdivision 3a.
Violation: For one of one person whose record was reviewed (P1), the license holder did not enforce policies and procedures related to service termination as required.
a. The license holder failed to document the following actions taken to minimize or eliminate the needs for termination prior to giving notice of service termination:
· consultation with P1’s support team or expanded support team to identify and resolve issues leading to the issuance of the termination notice; and
· a request to the case manager for intervention services identified in 245D.03, subdivision 1, paragraph (c), clause (1), or other professional consultation or intervention services to support he person in the program.
b. The license holder provided a notice of service termination to P1, P1’s Case Manager, and P1’s legal representative on February 9, 2023. The service termination notice documented the effective date of the service termination was February 9, 2023. The license holder failed to provide 60 days prior to termination of services.
Corrective Action Ordered: On an ongoing basis, you must maintain compliance as required in this subdivision.
2. Citation: Minnesota Statutes, section 245D.095, subdivision 5.
Violation: For three of six staff persons whose record were reviewed (SP1-SP3), the license holder did not maintain personnel records as required.
The license holder reported to a DHS licensor that they provided training for SP1-SP3 on P1’s service recipient needs prior to having unsupervised contact, however, the license holder failed to maintain documentation in P1-P3’s personnel records that included: · the date the training was completed;
· the number of hours; and
· the name of the trainer or instructor.
Corrective Action Ordered: 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
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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