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August 4, 2023 Thomas Noyes, Authorized Agent Noyes Adult Foster Care 304 Maple Street Porter, Minnesota 56280 License Number: 1070132 (245D - HCBS) CORRECTION ORDER Dear Thomas Noyes: On July 18, 2023, a licensing review of Noyes Adult Foster Care, located at 304 Maple Street, Porter, 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.06, subdivision 4, paragraph (a). Violation: For one of one person whose record was reviewed (P1), the license holder did not meet requirements for safekeeping of funds as required. The license holder assisted P1 with the safekeeping of funds. The license holder failed to obtain written authorization to do so from the person or the person's legal representative and the case manager. Corrective Action Ordered: Within 30 days of receiving this order, you must obtain written authorization to assist P1 with the safekeeping of funds from the person or the person's legal representative and the case manager. On an ongoing basis, you must maintain compliance throughout your program as required in this subdivision. 2. Citation: Minnesota Statutes, section 245D.071, subdivision 3, paragraph (b). Violation: For one person whose record was reviewed (P1), the license holder did not, within the scope of services, complete assessments as required. The license holder failed to complete assessments for P1 that included information about the person that described the person's overall strengths, functional skills and abilities, and behaviors or symptoms. Corrective Action Ordered: Within 30 days of receiving this order, you must complete assessments for P1 that describe the person’s overall strengths, functional skills and abilities, and behaviors or symptoms. On an ongoing basis, you must maintain compliance throughout your program as required in this subdivision. 3. Citation: Minnesota Statutes, section 245D.09, subdivision 5. Violation: For two of 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 strategies to minimize the risk of sexual violence, including concepts of healthy relationships, consent, and bodily autonomy of people with disabilities training annually in 2023. b. The license holder failed to provide SP2 with the following trainings annually 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 (HIPPA), and staff responsibilities related to complying with data privacy practices; · 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; · 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 the 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; 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 provide SP1 and SP2 with the above annual training. On an ongoing basis, you must provide annual training 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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