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June 30, 2023 Kacey Malterud, Authorized Agent Occupational Development Center, Inc. 1520 Hwy 32 South Thief River Falls, Minnesota 56701 License Number 1068435 (Home and Community Based Services) CORRECTION ORDER Dear Kacey Malterud: On May 9, 2023—May 11, 2023, a Department of Human Services (DHS) licensor conducted a licensing review at your facility located at 1920 US-59, Thief River Falls, MN. As a result of this visit, DHS determined that you are in violation of six of the 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. Service Recipient 1. Violation: For three persons whose records were reviewed (P1, P2 and P4), the license holder did not develop, incorporate, and review positive support strategies as required. a. For P1, the license holder failed to develop positive support strategies and incorporate the positive support strategies in writing to an existing treatment, service, or other individual plan. b. The license holder failed to evaluate with P2 and P4, the positive support strategies identified in the support plan and support plan addendum and make appropriate changes as needed. Rule Violated: 9544.0030, subpart 1. Corrective Action Required: Within 30 days of receiving this order, you must: · assess P1 strengths, needs, and preferences to identify and create positive support strategies for P1; · incorporate the positive support strategies for P1 in writing to an existing treatment, service, or other individual plan for each person; and · On an ongoing basis, you must evaluate with the person, at least every six months, whether the identified positive support strategies currently meet the standards in subpart 2 and determine whether changes are needed in the positive support strategies used based upon the results of the evaluation, and if so, make appropriate changes. 2. Violation: For P1 and P2, the license holder did not document service outcomes and supports as required. The license holder failed to document the supports and methods to be implemented to support P1 and P2 and accomplish P1 and P2’s outcomes related to acquiring, retaining, or improving skills and physical, mental, and emotional health and well-being. The documentation failed to include: · methods or actions that will be used to support the person and to accomplish the service outcomes, including information about: i. any changes or modifications to the physical or social environments necessary when the service supports are provided; ii. any equipment and materials required; and iii. techniques that are consistent with the person’s communication mode and learning styles; · the measurable and observable criteria for identifying when the desired outcome has been achieved and how data will be collected; · the projected starting date for implementing the supports and methods and the date by which progress towards accomplishing the outcomes will be reviewed and evaluated; and · the names of the staff or position responsible for implementing the supports and methods. Statute Violated: 245D.071, subdivision 4 Corrective Action Required: Within 30 days of receiving this order, you must develop a service plan that documents the service outcomes and supports for P1 and P2. On an ongoing basis, you must document the service plan for all persons, as required in this subdivision. 3. Violation: For P1 and P2, the license holder did not meet service planning requirements. The license holder failed to summarize P1 and P2’s status and progress toward achieving the identified outcomes and make recommendations and identify the rationale for changing, continuing, or discontinuing implementation of supports and methods, in a report available at the time of the progress review meeting. Statute Violated: 245D.071, subdivision 5, paragraph (g). Repeat Violation: In a Correction Order that DHS issued on October 6, 2016, you were previously found in violation of this same statute. Corrective Action Required: On an ongoing basis, you must meet the requirements for assessment and initial service planning as required in this subdivision. Staff 4. Violation: For one of four staff persons whose records were reviewed (SP2), the license holder did not provide annual training as required. For SP2 with a hire date of January 1, 2014, the license holder failed to provide SP2 with the following training annually: · Data privacy requirements, the federal Health Insurance Portability and Accountability Act of 1996 (HIPPA), and staff responsibilities related to complying with data privacy practices. The license holder failed to provide this training prior to May 3, 2023; · service recipient rights and staff responsibilities related to ensuring the exercise and protection of those rights according to the requirements in Minnesota Statutes, section 245D.04. The license holder provided this training to SP2 March 2020 and not again until March 2022; · the principals of person-centered service planning and delivery and how they applied to direct support services provided by the staff person. The license holder provided this training on April 15, 2020 and failed to provide SP2 with training annually thereafter. Statute Violated: 245D.095, subdivision 5, paragraph (a), clause (2). Corrective Action Required: Within 30 days of receiving the order, you must ensure SP2 is provided training on the principals of person-centered planning. On an ongoing basis, you must provide annual training as required in this subdivision. 5. Violation: For one staff person whose record was reviewed (SP1), the license holder did not maintain personnel records as required. For SP1 the license holder failed to document in the personnel record: · the date the training was completed; · the number of hours per subject area; and · the name of the trainer or instructor. Statute Violated: 245D.095, subdivision 5, paragraph (a), clause (2). Corrective Action Required: on an ongoing basis, you must maintain documentation as required in this subdivision. 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 Legal Counsel’s Office Attn: Licensing Legal Unit PO Box 64953 St. Paul, MN 55164-0953 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 Legal Counsel’s Office Attn: Licensing 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 me at 651-431-6646. Sincerely, Nichole Dawson, Senior Licensor Licensing Division Office of Inspector General
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