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August 8, 2023 PERSONAL SERVICE Rajesh Mehta, Authorized Agent MN Adult Day Care 220 Robert Street South, Suite 101 Saint Paul, Minnesota 55107 License Number: 1094266 (Adult Day Center – Rule 223) ORDER OF TEMPORARY IMMEDIATE SUSPENSION Dear Rajesh Mehta: The Department of Human Services (DHS) is immediately suspending your license to provide adult day services at MN Adult Day Care, located at 220 Robert Street South, Saint Paul, Minnesota. This immediate suspension is based on a determination of the license holder’s failure to comply with the laws and rules that apply to licensed adult day centers. Details of our findings are provided below. Our next steps and your options are also detailed. The immediate suspension goes into effect on August 8, 2023 6:00 PM. After this time, you are prohibited from providing adult day services. REASON FOR TEMPORARY IMMEDIATE SUSPENSION There is an imminent risk of harm to persons served. On August 2, 2023, DHS observed significant violations of health and safety standards at your program, including the following: · The license holder failed to ensure compliance with background study requirements, including submitting a background study to DHS for Rajesh Mehta prior to providing direct contact with participants; · Participant records were substantially incomplete and failed to include a service initiation plan to ensure that services were being provided to meet the health, safety, and rights of the participants; · Staff records were not provided to DHS licensors; therefore, DHS was unable to determine whether staff received adequate training required to meet the health, safety, and rights of the participants; · Insufficient consultant records that did not include current licenses and contracts for the centers physical therapist, registered nurse and registered dietician; · Food services were not being offered and were not approved by a registered dietician; · Evidence of a lack of diversified daily program activities. DHS licensors witnessed four checker/chess boards; and · Areas of the facility used by participants, including restrooms, were in poor and unclean condition. Because this report is currently under investigation, no additional information can be released in this order. Based on these findings, DHS cannot ensure the health and safety of the persons served by your program at this time. DHS has determined that the health, safety, and rights of persons in your care are in imminent risk of harm. Therefore, DHS is suspending your license to provide adult day services. Legal Authority: Minnesota Statutes, section 245A.07, subdivision 2(a)(1). YOUR RIGHT TO APPEAL You have the right to appeal the temporary immediate suspension. Your request must be in writing and clearly state that you are requesting a contested case hearing for this matter. Your request must be made before the deadlines provided below. If you do not meet this deadline, you lose your right to an administrative appeal. Your response time starts when you receive this letter. If you are mailing your request, it must be sent by certified mail and postmarked within 5 calendar days from when you receive this order. Please send it 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 If your request is being personally delivered, it must be received by DHS within 5 calendar days from when you receive this order. Please bring it to: Commissioner, Department of Human Services Office of Inspector General Legal Counsel’s Office Attention: Licensing Legal Unit 444 Lafayette Road North St. Paul, MN 55155 Upon DHS’ receipt of your timely appeal, your case would be scheduled for a contested case hearing in front of an Administrative Law Judge. Following this hearing, the Commissioner of DHS will issue a final order. Legal representation at the contested case hearing: You do not need a lawyer to appeal. However, a lawyer can help you with your appeal. The state or county will not get you a lawyer and will not pay for a lawyer. If you cannot afford a lawyer, you may be able to get free legal advice or help with your appeal. To find out if free help is available, contact: Volunteer Lawyers Network at 612-752-6677; Central Minnesota Legal Services at 612-332-8151; Southern Minnesota Legal Services at 651-222-4731; or go to www.lawhelpmn.org to find a local legal services program that may be able to help you. You can also find information on contested cases from the Office of Administrative Hearings website at https://mn.gov/oah/self-help. Click on Administrative Law Overview, then click on Administrative Law Contested Case Hearing Guide for a list of frequently asked questions. Legal authority in this licensing action · This action is taken under Minnesota Statutes, section 245A.07, subdivision 2(a), which describes under which conditions DHS may immediately suspend a license. · The timeline to appeal a temporary immediate suspension order is provided in Minnesota Statutes, section 245A.07, subdivision 2(b). · Because this report remains under investigation, additional information is considered “confidential data” under Minnesota Statutes, section 13.46, subdivision 3. · A license holder and any controlling individual shall discontinue operation of a program upon receipt of an order to immediately suspend the license under Minnesota Statutes, section 245A.07, subdivision 2(b). · License holders have a right to appeal licensing actions and request a contested case hearing, under Minnesota Statutes, chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. Questions If you have any further questions regarding this matter, you may contact me at 651-431-6544. Sincerely,  Jill Slaikeu, HCBS Unit Manager Licensing Division Office of Inspector General
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