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May 10, 2023 Hawj Xiong, Authorized Agent Hope Senior Center LLC 1730 Gervais Avenue East Maplewood, Minnesota 55109 License Number: 1065881 (Rule 223) CORRECTION ORDER Dear Hawj Xiong: On May 9, 2023, a licensing review of Hope Senior Center LLC, located at 1730 Gervais Avenue East, Maplewood, Minnesota, was conducted to determine compliance with Minnesota Statutes and Rules governing adult day care services under Minnesota Rules, parts 9555.9600 through 9555.9730 (Rule 223). 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 245A.65, subdivision 2, paragraph (b), and Minnesota Statutes, section 626.557, subdivision 14, paragraph (b). Violation: For four of four participants whose records were reviewed (P1-P4), the license holder did not meet the requirements for an individual abuse prevention plan (IAPP) as required. The license holder failed to develop IAPPs for P1-P4 that contained an individualized assessment of: · the person’s susceptibility to abuse by other individuals, including other vulnerable adults; · the person’s risk of abusing other vulnerable adults; and · statements of specific measures to be taken to minimize the risk of abuse to that person and other vulnerable adults. Repeat Violation: In a Correction Order that DHS issued on April 1, 2021, you were cited for a similar violation. Corrective Action Ordered: Within 30 days of receiving this order, you must: · develop IAPPs for P1-P4, including the information detailed above; · complete an audit of all participants’ IAPPs to ensure the requirements in Minnesota Statutes, section 245A.65, subdivision 2, paragraph (b) are maintained; and · for participants whose IAPPs are not developed and reviewed as required, you must develop a plan detailing how your program will maintain IAPPs as required within 60 calendar days of receiving this order. On an ongoing basis, you must maintain compliance as required in these subdivisions. 2. Citation: Minnesota Rules, part 9555.9660, subpart 1. Violation: For four participants whose records were reviewed (P1-P4), the license holder did not include information in the participant’s written record as required.
a. The license holder failed to include participation reports and progress notes that were recorded at least monthly in P1, P2, and P4’s record. b. The license holder failed to include the following information in P3’s record: · a medical report that included a physical examination, updated annually. The most recent report on a physical examination that the license holder maintained for P3 was dated February 15, 2022; and · participation reports and progress notes that were recorded at least monthly in P3’s record. Repeat Violation: In a Correction Order that DHS issued on April 1, 2021, you were cited for a similar violation. Corrective Action Ordered: Within 30 days of receiving this order, you must maintain all information detailed above in P1-P4’s participant records. On an ongoing basis, you must maintain compliance as required in this subpart. 3. Citation: Minnesota Rules, part 9555.9700, subpart 3. Violation: For three participants whose records were reviewed (P1-P3), the license holder did not develop a written plan of care as required. The license holder failed to develop written plans of care for P1-P3 that included the anticipated duration of the individual plan of care as written. Repeat Violation: In a Correction Order that DHS issued on April 1, 2021, you were cited for a similar violation. Corrective Action Ordered: Within 30 days of receiving this order, you must: · develop written plans of care for P1-P3 that include the information listed above; · complete an audit of all participants’ written plans of care to ensure the requirements in Minnesota Rules, part 9555.9700, subpart 3 are maintained; and · for participants who do not have a written plan of care that includes all required information, you must develop a plan detailing how your program will maintain a complete written plan of care within 60 days of receiving this order. On an ongoing basis, you must maintain compliance as required in this subpart. 4. Citation: Minnesota Rules, part 9555.9710, subpart 1. Violation: The license holder did not offer services as required. The license holder failed to provide a midmorning snack. Corrective Action Ordered: Immediately, you must provide a midmorning snack. On an ongoing basis, you must maintain compliance as required in this subpart. If you fail to correct the violations specified in the Correction Order within the prescribed time lines the Commissioner may issue an Order of Conditional License or may impose a fine and order other licensing sanctions pursuant to Minnesota Statutes, sections 245A.06 and 245A.07. 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, please contact your licensor, Desiree Tiller, at 651-431-4622. Brittany Raddatz, Supervisor Licensing Division Office of Inspector General
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