Minnesota

May 2, 2023                    

Blake Elliott, Authorized Agent

Bridges 507

1932 University Avenue West

Saint Paul, MN 55104

License Number 1105613 Home and Community Based Services

Report Number 202208086

CORRECTION ORDER

Dear Blake Elliott:

On March 10, 2023, and March 23, 2023, a Department of Human Services (DHS) licensor conducted a licensing investigation. As a result of this visit, DHS determined that you are in violation of three 245D Home and Community Based Services rules and statutes. As a result, DHS is issuing this order which requires you to take the correction action as described under each violation. Details of our findings are provided below. Our next steps and your options are also detailed.

LICENSING VIOLATIONS

DHS determined that your program failed to follow licensing rules and statutes, as described below.

Health Needs

1. Violation: For one of one person whose record was reviewed (P1), the license holder did not meet health service needs as assigned in the support plan addendum.

The license holder was responsible for monitoring P1’s fluid intake. According to P1’s “Individual Care Plan”, the license holder was responsible for ensuring P1’s fluid was restricted to 102 ounces in 24 hours. During a review of September 2022 “Fluid tracker”, the license holder failed to ensure P1’s fluid was restricted to 102 ounces on:

· September 2, 2022;

· September 5, 2022;

· September 9, 2022;

· September 10, 2022;

· September 11, 2022;

· September 14, 2022;

· September 19, 2022;

· September 22, 2022;

· September 24, 2022;

· September 25, 2022;

· September 28, 2022; and

· September 30, 2022.

Statute Violated: 245D.05, Subdivision 1, paragraph (b), clause (2).

Repeat Violation: In a Correction Order that DHS issued on June 14, 2019, December 10, 2019, March 10, 2020, February 5, 2021, February 25, 2021, September 21, 2022, you were previously found in violation of this same statue.

Corrective Action Required: On an ongoing basis, you must ensure health needs are met as required.

2. Violation: For one person whose record was reviewed, (P1), the license holder did not report medication and treatment issues as required.

The license holder failed to report to P1’s legal representative and case manager, P1’s failure to take or receive medication or treatment as prescribed.

· P1 was prescribed nectar thickened liquid on January 24, 2022.

· The license holder documented on P1’s “Fluid Tracker” that P1 would often refuse thickened liquids.

· In an internal review completed March 20, 2023, Daily log notes from 9/27/2022-12/31/2022 documented P1’s refusal and disregard to staff prompting P1 to add thick-it to their liquids. This was documented more than 50 times during this date range.

· On June 2, 2022, the license holder submitted a weekly update to P1’s support team notifying of P1’s refusal of nectar thickened liquids. No other reports were provided at the time of the review.

Statute Violated: 245D.05, Subdivision 4, paragraph (b).

Repeat Violation: In a Correction Order that DHS issued on May 1, 2019; June 14, 2019; December 27, 2019; March 10, 2020; February 5, 2021; May 20, 2021; December 6, 2021; February 25, 2022, you were previously found in violation of this same statute.

Corrective Action Required: On an ongoing basis, you must ensure medication and treatment issues are reported as required.

3. Violation: For one person whose record was reviewed, (P1), the license holder did not ensure medications and treatments were administrated as prescribed.

P1 was prescribed Thick and Easy powder for all liquids consumed. On September 27, 2022, program staff provided P1 with a bottle of un-thickened water. P1 consumed the water. The license holder failed to ensure the administration of P1’s treatments as prescribed.

Statute Violated: 245D.05, Subdivision 2, paragraph (b), clause (1).

Repeat Violation: In a Correction Order that DHS issued on March 10, 2020, October 7, 2020, February 5, 2021; April 2, 2021; November 9, 2021; November 22, 2022; November 30, 2022; March 31, 2023, you were previously found in violation of this same statute.

Corrective Action Required: On an ongoing basis, you must ensure medication and treatment are administrated as prescribed.

YOUR RIGHT TO REQUEST RECONSIDERATION

You have the right to request reconsideration of this order and the cited violations. Your request must:

· Be in writing

· List each violation you are challenging and identify what is inaccurate or incomplete about the information in the order

· Supply information that is accurate or more complete

· Be made before the deadlines provided below

If you are mailing your request, it must be received by DHS within 20 calendar days from when you received this order. If you do not meet this deadline, you lose your right to request reconsideration. The timeline to appeal began when you received this order. Please send it to:

Commissioner, Department of Human Services

Office of Inspector General

Licensing Division

Attention: Legal Unit

PO Box 64953

St. Paul, MN 55164-0242

If your request is being personally delivered, it must be received by DHS within 20 calendar days from when you received this order. Please bring it to:

Commissioner, Department of Human Services

Office of Inspector General

Licensing Division

Attention: Legal Unit

444 Lafayette Road North

St. Paul, MN 55155

Legal authority for this licensing action

· This action is taken under Minnesota Statutes, section 245A.06, subdivision 1.

· The timeline to request reconsideration of the order is provided in Minnesota Statutes, section 245A.06, subdivision 2.

Questions

If you have any further questions regarding this matter, you may contact Nichole Dawson, at 651-431-6646.

Sincerely,

Nichole Dawson, Senior Licensor

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/