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July 7, 2023 Bayle Adod Gelle, Authorized Agent Qoraxey Home Health Care Inc 3617 East Lake Street Suite B Minneapolis, Minnesota 55406 License Number: 1104717 (245D - HCBS) CORRECTION ORDER Dear Bayle Adod Gelle: On June 22, 2023, a licensing review of Qoraxey Home Health Care Inc located at 3617 East Lake Street Suite B, Minneapolis, 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.071, subdivision 3. Violation: For one of two persons whose record was reviewed (P2), the license holder did not meet service planning and delivery requirements for an intensive service as required. a. The license holder failed to conduct a 45 day planning meeting for P2. Regarding P2, the license holder failed to meet with the person, the person’s legal representative, if applicable, the case manager and other members of the support team or expanded support team to determine the following based on the information obtained from the assessment: · P2’s identified needs in the support plan, and the requirements regarding service outcomes and reports and person centered planning and delivery: o the scope of the services to be provided to support P2’s daily needs and activities; o P2’s desired outcomes and the supports necessary to accomplish P2’s desired outcomes; o P2’s preferences of how services and supports are provided, including how the provider will support the P2 to have control of P2’s schedule; o whether the current service setting is the most integrated setting available and appropriate for P2; o opportunities to develop and maintain essential and life-enriching skills, abilities, strengths, interests, and preferences; o opportunities for community access, participation, and inclusion in preferred community activities; o opportunities to develop and strengthen personal relationships with other persons of the person's choice in the community; o opportunities to seek competitive employment and work at competitively paying jobs in the community; o how services must be coordinated across other providers licensed under this chapter serving the person and members of the support team or expanded support team to ensure the continuity of care and coordination of services for the person; o a discussion of how technology might be used to meet the person’s desired outcomes; and o maintain a summary in P2’s support plan addendum of that discussion that included a statement regarding any decision that is made regarding the use of technology and a description of any further research that needs to be completed before a decision regarding the use of technology can be made. Repeat Violation: The license holder was cited for a similar violation in a correction order dated February 4, 2022. Corrective Action Ordered: Within 30 days of receipt of this order, you must review the above information with P2’s support team. On an ongoing basis, you must meet service planning and delivery requirements for an intensive service as required in this subdivision. 2. Citation: Minnesota Statutes, section 245D.09, subdivision 4. Violation: For one of three staff persons whose record was reviewed (SP3), the license holder did not provide orientation training as required. SP3 was hired on March 31, 2023, the license holder failed to provide orientation training in the following areas within 60 days of hire: · the service recipient rights and staff responsibilities related to ensuring the exercise and protection of those rights according to the requirements in section 245D.04; and · the principles of person-centered service planning and delivery as identified in section 245D.07, subdivision 1a, and how they apply to direct support service provided by the staff person. Repeat Violation: The license holder was cited for a similar violation in a correction order dated February 4, 2022. Corrective Action Ordered: Within 30 days of receiving this order, you must provide SP3 with the above mentioned training. On an ongoing basis, you must provide orientation training as required in this subdivision. 3. Citation: Minnesota Statutes, section 245D.09, subdivision 5. Violation: For two staff persons whose records were reviewed (SP1 and SP2), the license holder did not provide annual training as required. a. The license holder failed to provide SP1 with the principles of person-centered service planning and delivery as identified in section 245D.07, subdivision 1a, and how they apply to direct support service provided by the staff annually in 2022. b. The license holder failed to provide SP2 with the following annual training in 2022: · the service recipient rights and staff responsibilities related to ensuring the exercise and protection of those rights according to the requirements in section 245D.04; · the principles of person-centered service planning and delivery as identified in section 245D.07, subdivision 1a, and how they apply to direct support service provided by the staff; and · strategies to minimize the risk of sexual violence, including concepts of healthy relationships, consent, and bodily autonomy of people with disabilities. Repeat Violation: The license holder was cited for a similar violation in a correction order dated February 4, 2022. Corrective Action Ordered: Within 30 days of receiving this order, you must provide SP1 and SP2 with the above annual training. On an ongoing basis, you must provide annual training as required in this subdivision. 4. Citation: Minnesota Statutes, section 245D.10, subdivision 4, paragraph (b). Violation: For two persons whose records were reviewed (P1 and P2), the license holder did not provide written or electronic copies of policies and procedures as required. The license holder failed to inform P1 and P2’s case managers of the following policies and procedures that affect a person’s rights and provide copies of those policies and procedures, within five working days of service initiation; · grievance policy; · temporary service suspension policy; · service termination policy; · emergency use of manual restraints policy; and · data privacy policy. P2’s service initiation was April 1, 2023, however P2’s case manager did not receive the policies and procedures until May 24, 2023. Repeat Violation: The license holder was cited for a similar violation in a correction order dated February 4, 2022. Corrective action ordered: Within 30 days of receipt of this order, you must inform P1’s case manager of the policies and procedures that affect a person’s rights under section 245D.04, and provide copies of those policies and procedures as required in this subdivision. 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 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
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