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July 31, 2023
Marshall Smith, Authorized Agent Commissioner of Department of Human Services 444 Lafayette Road North Saint Paul, MN 55164
License Number: 801558
Investigation Number: 202305613
CORRECTION ORDER
Dear Marshall Smith,
A licensing investigation of Minnesota Security Hospital dba Forensic Mental Health Program, located at 100 Freeman Drive, Saint Peter, MN 56082, was conducted to determine compliance with state and federal laws and rules governing the provision of secure mental health treatment services under the MSH Variance to Minnesota Rules, parts 9520.0500 to 9520.0690 (Rule 36). As a result of this licensing investigation 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 an applicant or 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 applicant or 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.
Practice
1. Citation: Minnesota Variance, part MSH.0011, subpart 3.
Violation: Two of nineteen grievances reviewed did not meet requirements. Grievances dated June 22, 2023 were not responded to within ten days.
Correction Action Ordered: Immediately and on an ongoing basis, the license holder must ensure the grievance practice meets all applicable requirements.
Repeat Violation: This is a repeat violation. The license holder was cited for a similar violation in a Correction Order dated March 13, 2023.
If you fail to correct the violations specified in the Correction Order within the prescribed timelines 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 Ginny Benson, Human Services Licensor at 651-431-6957, as soon as possible.
Ginny Benson, MH/SUD/CRF Senior Licensor Licensing Division Office of Inspector General
PO Box 64242 • Saint Paul, Minnesota • 55164-0242 • An Equal Opportunity and Veteran Friendly Employer https://mn.gov/dhs/general-public/licensing/
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