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November 15, 2023 Heaylan Ali Omer, Authorized Agent Desirous Adult Foster Care 10554 Noble Circle North Brooklyn Park, Minnesota 55443-1122 License Number: 1093048 (245D – HCBS) CORRECTION ORDER Dear Heaylan Ali Omer: On October 4, 2023, a licensing review of Desirous Adult Foster Care located at 10554 Noble Circle North, Brooklyn Park, 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.10, subdivision 4, paragraph (b). Violation: For one of one person whose record was reviewed (P1), the license holder did not provide written or electronic copies of policies and procedures as required. The license holder failed to inform P1’s case manager of the following policies and procedures affecting the person’s rights under section 245D.04 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 P1’s case manager. On an ongoing basis, you must maintain compliance as required in this subdivision. 2. Citation: Minnesota Statutes, section 245D.09, subdivision 4. Violation: For one of two staff persons whose record were reviewed (SP1), the license holder did not provide orientation training as required. SP1 was hired on January 29, 2021. The license holder failed to provide SP1 orientation training on strategies to minimize the risk of sexual violence, including concepts of healthy relationships, consent, and bodily autonomy of people with disabilities within 60 days of hire. SP1 received this training on January 29, 2023. Corrective Action Ordered: On an ongoing basis, you must maintain compliance as required in this subdivision. 3. Citation: Minnesota Statutes, section 245D.09, subdivision 5. Violation: For one staff person whose record was reviewed (SP1), the license holder did not provide annual training as required. The license holder failed to provide basic first aid training to SP1 annually in 2022. SP1 was provided this training in January 2021 and 2023. Corrective Action Ordered: On an ongoing basis, you must maintain compliance 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 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 me as soon as possible. Alexandra Devick, Senior Human Services Licensor Licensing Division Office of Inspector General 651-431-4626
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