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July 13, 2023 Nasrudin Hassan, Authorized Agent ProCare LLC 1821 University Avenue West Suite 261-5 Saint Paul, Minnesota 55104 License Number: 1105730 (245D – HCBS) CORRECTION ORDER Dear Nasrudin Hassan: On April 27, 2023, a licensing review of ProCare LLC located at 1821 University Avenue West Suite 261-5, Saint Paul, 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, paragraph (b), clause (2). Violation: For one of two persons whose record was reviewed (P1), the license holder did not meet the requirements for an individual abuse prevention plan (IAPP) as required. Minnesota Statutes, section 245A.02, subdivision 2b defines “annual” or “annually” to mean prior to or within the same month of the subsequent calendar year. The license holder failed to review P1’s IAPP annually for the year 2023. P1’s IAPP was last reviewed on February 10, 2022. Corrective Action Ordered: On an ongoing basis, you must maintain compliance as required in this subdivision. 2. Citation: Minnesota Statutes, section 245D.04, subdivision 1. Violation: For one person whose record was reviewed (P1), the license holder did not provide the person a written notice that identified the service recipient rights and an explanation of those rights as required. The license holder failed to provide the written notice that identified the service recipient rights annually to P1. The license holder last provided P1 with the written notice of the service recipient rights on February 10, 2022. Corrective Action Ordered: Within 30 days of receiving this order, you must provide P1 a written notice that identifies the service recipient rights and an explanation of those rights for the annual year as required. On an ongoing basis, you must maintain compliance as required in this subdivision. 3. Citation: Minnesota Rules, part 9544.0030, subpart 1. Violation: For one person whose record was reviewed (P1), the license holder did not evaluate positive support strategies as required. The license holder failed to evaluate with P1 identified positive support strategies at least every six months. The license holder last evaluated the identified positive support strategies on August 10, 2022. Corrective Action Ordered: Within 30 days of receiving this order, you must evaluate with P1 identified positive support strategies. On an ongoing basis, you must evaluate with P1, at least every six months, whether the identified positive support strategies currently meet the standards in subpart 2 and determine whether changes are needed based upon the evaluation. 4. Citation: Minnesota Statutes, section 245D.07, subdivisions 2 and 3. Violation: For one person whose record was reviewed (P1), the license holder did not meet service planning requirements for basic support services as required. P1’s services were initiated on February 10, 2022. The license holder failed to complete a preliminary support plan addendum based on the support plan within 15 calendar days of service initiation. The support plan was later completed on February 28, 2022. Additionally, the license holder failed to participate in service planning and support team meetings for P1 following the stated annual timeline established in P1’s support plan addendum. Corrective Action Ordered: Within 30 days of receiving this order, you must participate in service planning and a support team meeting for P1. On an ongoing basis, you must maintain compliance as required in this subdivision. 5. Citation: Minnesota Statutes, section 245D.095, subdivision 3. Violation: For one person whose record was reviewed (P1), the license holder did not maintain documentation in the service recipient record as required. The license holder failed to maintain progress notes in P1’s record. Corrective Action Ordered: Within 30 days of receiving this order, you must start maintaining progress notes in P1’s record. On an ongoing basis, you must maintain compliance in this subdivision as required. 6. Citation: Minnesota Statutes, section 245D.09, subdivision 3. Violation: For two of two staff persons whose records were reviewed (SP1 and SP2), the license holder did not provide orientation training as required. a. SP2 began providing services February 10, 2022 and provides direct support services themselves as the license holder. The license holder failed to provide the following orientation training within 60 days of hire: · Data privacy requirements according to sections 13.01 to 13.10 and 13.46, the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA), and staff responsibilities related to complying with data privacy practices; · 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 person; · The safe and correct use of manual restraint on an emergency basis according to the requirements in section 245D.061 and what constitutes the use of restraints, time out, and seclusion, including chemical restraint; · Staff responsibilities related to prohibited procedures under section 245D.06, subdivision 5, why such procedures are not effective for reducing or eliminating symptoms or undesired behavior, and why such procedures are not safe; · Basic first aid; and · Strategies to minimize the risk of sexual violence, including concepts of healthy relationships, consent, and bodily autonomy of people with disabilities. b. SP1 began providing direct support services February 10, 2022. The license holder failed to provide the following orientation training within 60 days of hire: · Data privacy requirements according to sections 13.01 to 13.10 and 13.46, the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA), and staff responsibilities related to complying with data privacy practices; · 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 person; · The safe and correct use of manual restraint on an emergency basis according to the requirements in section 245D.061 and what constitutes the use of restraints, time out, and seclusion, including chemical restraint; · Staff responsibilities related to prohibited procedures under section 245D.06, subdivision 5, why such procedures are not effective for reducing or eliminating symptoms or undesired behavior, and why such procedures are not safe; · Basic first aid; and · Strategies to minimize the risk of sexual violence, including concepts of healthy relationships, consent, and bodily autonomy of people with disabilities. Corrective Action Ordered: Within 30 days of receiving this order, you must complete the above mentioned training for SP1 and SP2. On an ongoing basis, you must provide orientation training as required in this subdivision. 7. 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. SP2 began providing services February 10, 2022 and provides direct support services themselves as the license holder. The license holder failed to provide the following annual trainings in 2023: · Basic first aid; and · Strategies to minimize the risk of sexual violence, including concepts of healthy relationships, consent, and bodily autonomy of people with disabilities. b. SP1 began providing direct support services on February 10, 2022. The license holder failed to provide the following annual training in 2023: · Data privacy requirements according to sections 13.01 to 13.10 and 13.46, the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA), and staff responsibilities related to complying with data privacy practices; · 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 person; · The safe and correct use of manual restraint on an emergency basis according to the requirements in section 245D.061 and what constitutes the use of restraints, time out, and seclusion, including chemical restraint; · Staff responsibilities related to prohibited procedures under section 245D.06, subdivision 5, why such procedures are not effective for reducing or eliminating symptoms or undesired behavior, and why such procedures are not safe; · Basic first aid; and · Strategies to minimize the risk of sexual violence, including concepts of healthy relationships, consent, and bodily autonomy of people with disabilities. Corrective Action Ordered: Within 30 days of receiving this order, you must complete the above mentioned training for SP1 and SP2. On an ongoing basis, you must provide annual training as required in 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 64242 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 Lacey Walsvik at lacey.l.walsvik@state.mn.us as soon as possible. Christala Culhane, Supervisor Licensing Division Office of Inspector General
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