Minnesota

November 7, 2023

Marvin Ladelle Roseman, Authorized Agent

Jobs House of Prosperity

6053 Hudson Road Suite 294

Woodbury, Minnesota 55125

License Number: 1103884 (245D – HCBS)

CORRECTION ORDER

Dear Marvin Ladelle Roseman:

On May 18, 2023, a licensing review of Jobs House of Prosperity, located at 6053 Hudson Road, Suite 294, Woodbury, 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 1.

Violation: For one of five persons whose records were reviewed (P3), the license holder did not provide an orientation to the internal and external reporting procedures of alleged or suspected maltreatment of vulnerable adults within 24 hours of admission as required.

P3 was admitted into the license holder’s program on April 12, 2022. The license holder   failed to provide P3 an orientation to the internal and external reporting procedures of   alleged or suspected maltreatment of vulnerable adults within 24 hours of admission.

Corrective Action Ordered: Within 30 days of receiving this order, you must provide P3 an orientation to the internal and external reporting procedures. In addition, you must maintain documentation of this orientation as required in section 245D.095, subdivision 3. 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 (P3), the license holder did not provide a written notice that identified the service recipient rights and an explanation of those rights within five working days of service initiation and annually thereafter, as required in this subdivision.

  P3’s services were initiated on April 12, 2022. The license holder failed to provide P3   with a written notice that identified the service recipient rights and an explanation of   those rights within five working days of service initiation. The license holder provided   these rights to P3 on February 3, 2023.

Corrective Action Ordered: On an ongoing basis, you must maintain compliance as required in this subdivision.

3. Citation: Minnesota Statutes, section 245D.07, subdivision 2, paragraph (b) and (c).

Violation: For one person whose record was reviewed (P4), the license holder did not meet service planning requirements for basic support services as required.

  The license holder failed to review and revise as needed P4’s preliminary coordinated   service and support plan addendum within 60 calendar days of service initiation.

Corrective Action Ordered: Within 30 days of receiving this order, you must document the services that will be provided for P4 including how, when, and by whom services will be provided, and the person responsible for overseeing the delivery and coordination of services.

On an ongoing basis, you must maintain compliance as required in this subdivision.

4. Citation: Minnesota Statutes, section 245D.071, subdivision 3, paragraphs (b) through (d).

  Violation: For two persons whose records were reviewed (P1 and P3), the license holder did not   meet the requirements for assessment and initial service planning as required for intensive   support services.

a. P3’s services were initiated on April 12, 2022. The license holder failed to meet within 45 days of service initiation with P3, P3’s case manager, and other members of the support team. The license holder met on June 16, 2022. Additionally, the license holder failed to:

· complete assessments in the following areas prior to the 45-day planning meeting:

o the person's ability to self-manage health and medical needs to maintain or improve physical, mental, and emotional well-being, including, when applicable, allergies, seizures, choking, special dietary needs, chronic medical conditions, self-administration of medication or treatment orders, preventative screening, and medical and dental appointments;

o the person's ability to self-manage personal safety to avoid injury or accident in the service setting, including, when applicable, risk of falling, mobility, regulating water temperature, community survival skills, water safety skills, and sensory disabilities; and

o the person's ability to self-manage symptoms or behavior that may otherwise result in an incident as defined in section 245D.02, subdivision 11, clauses (4) to (7), suspension or termination of services by the license holder, or other symptoms or behaviors that may jeopardize the health and welfare of the person or others.

o assessments must produce information about the person that describes the person's overall strengths, functional skills and abilities, and behaviors or symptoms.

The license holder completed the above mentioned assessments on January 23, 2023.

b. P1’s services were initiated on February 7, 2022. The license holder failed to meet within 45 days of service initiation with P1, P1’s case manager, and other members of the support team. The license holder met on May 10, 2022. Additionally, the license holder failed to include a description in P1’s support plan or support plan addendum of any further research that needs to be completed before a decision regarding the use of technology can be made.

Corrective Action Ordered: On an ongoing basis, you must complete these assessments annually at a minimum and the results of the assessments must be reviewed by the support team as part of a service plan review.

5. Citation: Minnesota Statutes, section 245D.10, subdivision 4.

Violation: For one person whose record was reviewed (P3), the license holder did not provide written or electronic copies of policies and procedures as required.

  P3’s services were initiated on April 12, 2022. The license holder failed to inform P3 and   P3’s case manager of the following policies and procedures that affect a person’s rights   and provide copies of those policies and procedures, within five working days of service   initiation:

· grievance policy;

· service suspension policy;

· service termination policy;

· emergency use of manual restraints policy; and

· data privacy policy.

Corrective Action Ordered: Within 30 days of receiving this order, you must inform and provide copies of the above mentioned policies and procedures to P3 and P3’s case manager. On an ongoing basis, you must maintain compliance as required in this subdivision.

6. Citation: Minnesota Statutes, section 245D.09, subdivision 4.

Violation: For one of four staff persons whose records were reviewed (SP3), the license holder did not provide orientation training as required.

  SP3 was hired on February 8, 2023, the license holder failed to provide orientation   training in the following areas within 60 days of hire:

· basic first aid;

· training to the person including the support plan, coordinated service and support plan addendum as it relates to the responsibilities assigned to the license holder, the person’s individual abuse prevention plan to achieve and demonstrate an understanding of the person as a unique individual and how to implement those plans; 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 SP3 with the above mentioned training. 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 one person whose record was reviewed (SP4), the license holder did not provide annual training as required.

  The license holder failed to provide SP4 with the following annual training in 2022:

· 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; 

· sections 245A.65, 245A.66, 626.556, and 626.557, governing maltreatment reporting and service planning for children and vulnerable adults, and staff responsibilities related to protecting persons from maltreatment and reporting maltreatment;

· strategies to minimize the risk of sexual violence, including concepts of healthy relationships, consent, and bodily autonomy of people with disabilities; and

· basic first aid.

Corrective Action Ordered: Within 30 days of receiving this order, you must provide SP4 with the above mentioned annual training. 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.L.walsvik@state.mn.us as soon as possible.

Christala Culhane, Supervisor

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/