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June 26, 2023 Eyman Nur, Authorized Agent Rest Home Health Care LLC 30 25th Avenue South Suite 100 Saint Cloud, Minnesota 56301 License Number: 1110593 (245D – Home and Community-Based Services) CORRECTION ORDER Dear Eyman Nur: On June 15, 2023, a licensing review of Rest Home Health Care LLC, located at 30 25 Avenue South Suite 100, Saint Cloud, 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 245A.65, subdivision 2. Violation: For one of one person whose record was reviewed (P1), the license holder did not develop an individual abuse prevention plan as required. The license holder assessed that P1 was susceptible to sexual, physical, self, and financial abuse; however, the license holder failed to include a statement of measures that would be taken to minimize the risk of abuse. P1 no longer receives services from the license holder. Corrective Action Ordered: On an ongoing basis, you must maintain compliance as required in this subdivision. 2. Citation: Minnesota Statutes, section 245D.061, subdivision 9. Violation: The license holder did not develop, document and implement a policy and procedure for the emergency use of manual restraints as required. The license holder developed two policies for the emergency use of manual restraint: one that did allow for the emergency use of manual restraints, and one that did not allow for the emergency use of manual restraints. The license holder was unable to ensure that both policies were not documented, implemented and distributed in the program. Corrective Action Ordered: Within 60 days of receipt of this order, you must revise your emergency use of manual restraint policy to state whether you allow or do not allow the emergency use of manual restraints in your program. On an ongoing basis, you must maintain compliance as required with this subdivision. 3. Citation: Minnesota Statutes, section 245D.10, subdivision 4. Violation: For one person whose record was reviewed (P1), the license holder did not provide policies and procedures as required. The license holder failed to inform and provide copies of following policies and procedures to P1’s case manager within five working days of P1’s service initiation: · grievance; · service suspension; · service termination; · emergency use of manual restraint; · data privacy. P1’s service initiation was February 10, 2023; however, these policies were not provided to the case manager until March 27, 2023. Corrective Action Ordered: On an ongoing basis, you must maintain compliance as required with this subdivision. 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 ATTN: Legal Unit Licensing Division PO Box 64953 St. Paul, MN 55164-0242 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 me as soon as possible. Diana Arnzen, Senior Human Services Licensor Licensing Division Office of Inspector General 651-431-6638
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