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December 4, 2023 Terence Mukong, Authorized Agent Dynamik Services Inc 4124 Quebec Avenue North, Suite 108 New Hope, Minnesota 55427 License Number: 1109127 (245D – HCBS) ORDER OF NONCOMPLIANCE AND CORRECTION ORDER Dear Terence Mukong: On August 16, 2023, a licensing review of Dynamik Services Inc, located at 4124 Quebec Avenue North, Suite 108, New Hope, Minnesota, as a result of a licensing review. You were ordered to submit evidence of corrective action taken for violations determined under citations number 2, 4, 5, 8, and 9, within 60 days of receipt of the order. On December 4, 2023, a review of your submissions received on December 1, 2023, was concluded. For citations number 4, and 8, it has been determined that corrective action has not been achieved. As a result, this notice of noncompliance is being issued. Additional materials submitted but not ordered have not been reviewed and will not be addressed in this order. 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. 4. Citation: Minnesota Statutes, section 245D.071, subdivision 3. Violation: For two persons whose records were reviewed (P1 and P2), the license holder did not meet initial service planning and delivery requirements for intensive services as required. a. Regarding P1, the license holder failed to: · complete assessments for P1 that described P1’s overall strengths, functional skills and abilities, and behaviors or symptoms in the following areas: 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. · meet with P1, P1’s case manager, and other members of the support team or expanded support team within 45 days of service initiation to complete assessments in the following areas: o the scope of the services to be provided to support the person's daily needs and activities; o the person's desired outcomes and the supports necessary to accomplish the person's desired outcomes; o P1's preferences for how services and supports are provided, including how the provider will support the person to have control of the person's schedule; o opportunities to develop and maintain essential and life-enriching skills, abilities, strengths, interests, and preferences; o opportunities to develop and strengthen personal relationships with other persons of the person’s choice in the community; o opportunities for community access, participation, and inclusion in preferred community activities; o opportunities to develop and strengthen personal relationships with other persons of the person’s choice in the community; and o how services must be coordinated across other providers licensed under this chapter serving the person and members of the support team or expanded support team to ensure continuity of care and coordination of services for P1. · have a discussion of how technology might be used to meet P1's desired outcomes. The coordinated service and support plan or support plan addendum must include a summary of this discussion. The summary must include: o a statement regarding any decision that is made regarding the use of technology; and o a description of any further research that needs to be completed before a decision regarding the use of technology can be made. b. Regarding P2, the license holder failed to: · complete assessments for P2 that described P2’s overall strengths, functional skills and abilities, and behaviors or symptoms in the following areas: 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. · meet with P2, P2’s legal representative, P2’s case manager, and other members of the support team or expanded support team within 45 days of service initiation to complete assessments in the following areas: o P2's preferences for how services and supports are provided, including how the provider will support the person to have control of the person's schedule; o opportunities to develop and strengthen personal relationships with other persons of the person’s choice in the community; o opportunities for community access, participation, and inclusion in preferred community activities; o opportunities to develop and strengthen personal relationships with other persons of the person’s choice in the community; and o how services must be coordinated across other providers licensed under this chapter serving the person and members of the support team or expanded support team to ensure continuity of care and coordination of services for P2. · have a discussion of how technology might be used to meet P2's desired outcomes. The coordinated service and support plan or support plan addendum must include a summary of this discussion. The summary must include: o a statement regarding any decision that is made regarding the use of technology; and o a description of any further research that needs to be completed before a decision regarding the use of technology can be made. Corrective Action Ordered: Within 60 days of receiving this order, you must: · complete the above-mentioned assessments for P1 and P2; · meet with P1 and P2, P1 and P2’s case managers, P2’s legal guardian and any other members of the support team to review the results of the assessments; · have a discussion of how technology might be used to meet P1 and P2's desired outcomes. P1 and P2’s support plans must include a summary of this discussion; · audit the records of all persons served to ensure the above mentioned initial service planning and delivery requirements for intensive services have been completed; · based on the results of the audit, complete the initial service planning and delivery requirements for intensive services for service recipients that did not have it completed upon initiation; · submit copies of P1 and P2’s assessments to this licensor; and · submit copies of P1 and P2’s support plans that include a summary of how technology may be used to meet P1 and P2’s desired outcomes. On an ongoing basis, you must maintain compliance as required in this subdivision. License Holder Response: The license holder submitted copies of the required above mentioned assessments for P1 and P2. DHS Response: The license holder submitted a document titled, “Intensive Support Self-Management Assessment” for P2. The assessment documented that P2 needs or wants supports with self-administration of medication or treatment orders, medical and dental appointments, community survival skills, personal safety, and ability to self-manage symptoms or behaviors that may otherwise result in an incident. The license holder failed to include P2’s overall strengths, functional skills and abilities. Corrective Action Ordered: Within 30 days of receiving this order, you must: · revise the assessments of P2’s ability to self-manage self-administration of medication or treatment orders, medical and dental appointments, community survival skills, personal safety, and ability to self-manage symptoms or behaviors that may otherwise result in an incident to include P2’s overall strengths, functional skills, and abilities; · review the results of the above-mentioned assessments with P2, P2’s case manager and members of the support team; and · submit copies of the revised assessments for P2 to your licensor. On an ongoing basis, you must maintain compliance as required in this subdivision. 8. Citation: Minnesota Statutes, subdivision 245D.09, subdivision 4. Violation: For two staff persons whose records were reviewed (SP1 and SP2), the license holder did not provide orientation training as required. SP1 was hired on March 23, 2022. SP2 was hired on November 15, 2022. The license holder failed to provide SP1 and SP2 with the following orientation training within 60 days of hire: · a job description and how to complete specific job functions including: o responding to and reporting incidents as required in Minnesota statutes, section 245d.06, subdivision 1; and o following safety practices established by the license holder and as required in section 245d.06, subdivision 2; · the license holder’s current policies and procedures required under this chapter, including their location and access, and staff responsibilities related to implementation of those policies and procedures including: o use of universal precautions and sanitary practices; o safe medication assistance and administration; o safe transportation; o service admission; o emergency response, reporting, and reviewing; and o incident response, reporting, and reviewing; · basic first aid; and · strategies to minimize the risk of sexual violence, including concepts of health relationships, consent, and bodily autonomy of people with disabilities. Corrective Action Ordered: Within 60 days of receiving this order, you must: · provide SP1 and SP2 with the above mentioned trainings; · complete an audit of all staff person’s records to ensure all staff have received orientation training on all required subject areas; · based on the results of the audit, provided orientation training to all staff who have not received training on the required orientation training topics; and · submit copies of the above mentioned orientation trainings for SP1 and SP2 to this licensor. On an ongoing basis, you must maintain compliance as required in this subdivision. License Holder Response: The license holder submitted a training document for SP1 and SP2 titled, “Staff Orientation Record.” DHS Response: The license holder failed to provide SP1 and SP2 with training on basic first aid. Corrective Action Ordered: Within 30 days of receiving this order, you must: · provide SP1 and SP2 with first aid training; and · submit copies of SP1 and SP2’s training first aid training to this licensor. 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. Submissions required as part of a corrective action ordered must be sent to your Licensor at: 1. By secure email at amber.n.nielsen@state.mn.us; or 2. If you are unable to submit corrective action ordered securely through email, you can mail or fax using the information below: Commissioner, Department of Human Services ATTN: Amber Nielsen Licensing Division PO Box 64242 St. Paul, MN 55164-0242 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 Amber Nielsen at amber.n.nielsen@state.mn.us or 651-431-3661 as soon as possible. Amber Nielsen, Senior Licensor Licensing Division Office of Inspector General
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