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December 6, 2023 Shellee Wright, Authorized Agent Helping Hands Home Care of Minnesota, Inc 2244 490th Street Northwood, IA 50459 License Number 1109681 (245D-HCBS) CORRECTION ORDER Dear Shellee Wright: On November 2, 2023, a licensing review of Helping Hands Home Care of Minnesota, Inc, located at 2244 490th Street, Northwood, Iowa, 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 two of two persons whose records were reviewed (P1 and P2), the license holder did not inform and provide copies of the policies and procedures affecting a person’s rights as required. The license holder failed to inform and provide P1 and P2 copies of the policies and procedures affecting a person’s rights within five working days of service initiation. P1 and P2’s services were initiated on November 1, 2021. The license holder provided P1 and P2 the required policies and procedures on October 17, 2022. Additionally, the license holder failed to provide the following policies and procedures to P1 and P2’s case managers within five working days of service initiation: · grievance policy and procedure; and · service suspension and termination policy and procedure. Corrective Action Ordered: Within 30 days of receiving this order, you must inform and provide P1 and P2’s case managers of the policies and procedures detailed above. On an ongoing basis, you must maintain compliance as required in this subdivision. 2. Citation: Minnesota Statue, section 245A.65, subdivision 1, paragraph (c). Violation: For two persons whose records were reviewed (P1 and P2), the license holder did not provide orientation to the license holder’s reporting procedures of alleged or suspected maltreatment of vulnerable adults as required. The license holder failed to provide P1 and P2 with an orientation to the license holder’s internal and external reporting procedures of alleged or suspected maltreatment of vulnerable adults within 24 hours of admission. · P1 was admitted on November 1, 2021. The license holder provided P1 the required orientation on October 17, 2022. · P2’s was admitted on November 1, 2021. The license holder failed to maintain documentation that P2 was provided the required orientation. Corrective Action Ordered: Immediately, you must provide P2 the orientation detailed above and document the orientation in P2’s record according to Minnesota Statutes, section 25D.095, subdivision 3. On an ongoing basis, you must maintain compliance as required in this subdivision. 3. Citation: Minnesota Statue, section 245D.04, subdivision 1. Violation: For two persons whose records were reviewed (P1 and P2), the license holder did not provide the person or the person’s legal representative with a written notice that identified the service recipient rights and explanation of those rights as required. The license holder failed to provide P1, P2, and P2’s legal representative with a written notice that identified the service recipient rights and an explanation of those rights within five working days of service initiation. P1 and P2’s services were initiated on November 1, 2021. The license holder provided P1 and P2 the written notice that identified the service recipient rights and explanation of those rights on October 17, 2022. Corrective Action Ordered: On an ongoing basis, you must maintain compliance as required in this subdivision. 4. Citation: Minnesota Statue, section 245D.07, subdivision 2. Violation: For two persons whose records were reviewed (P1 and P2), the license holder did not complete basic support services service planning as required. The license holder failed to review and revise P1 and P2’s preliminary support plan addendums within 60 calendar days of service initiation. P1 and P2’s services were initiated on November 1, 2021. The license holder reviewed P1 and P2’s preliminary support plan addendums on October 17, 2022. Corrective Action Ordered: On an ongoing basis, you must maintain compliance as required in this subdivision. 5. Citation: Minnesota Statute, section 245A.65, subdivision 2, paragraph (b). Violation: For two persons whose records were reviewed (P1 and P2), the license holder did not develop an individual abuse prevention plan (IAPP) as required. The license holder failed to develop an IAPP for P1 and P2 as part of the initial individual program plan or service plan. · P1’s services were initiated on November 1, 2021 and the license holder developed an IAPP for P1 on October 17, 2022. · P2’s services were initiated on November 1, 2021 and the license holder developed an IAPP for P2 on April 17, 2023. Additionally, the license holder failed to develop IAPPs for P1 and P2 that included statements of the specific measures to be taken to minimize the risk of abuse to the vulnerable adult when the individual assessment required in section 626.557, subdivision 14, paragraph (b) indicated the need for measures. Corrective Action Ordered: Within 30 days of receiving this order, you must update P1 and P2’s IAPPs to include a statement of the specific measures to be taken to minimize the risk of abuse to the vulnerable adult when the individual assessment indicates the need for measures. Additionally, you must review the updated IAPPs with P1, P2 and their interdisciplinary teams and document the review. On an ongoing basis, you must maintain compliance as required in this subdivision. 6. Citation: Minnesota Statute, section 245D.095, subdivision 5, paragraph (a). Violation: For two of three staff persons whose records were reviewed (SP1 and SP2), the license holder did not maintain a personnel record as required. The license holder failed to maintain documentation in SP1 and SP2’s personnel records that included accurate documentation of the number of hours per subject area for training. The license holder documented that SP1 received 18.5 hours of training on October 24, 2021 and SP2 received 19.25 hours of training on October 23, 2021. Corrective Action Ordered: On an ongoing basis, you must maintain compliance as required in this subdivision. 7. Citation: Minnesota Statute, section 245D.10, subdivisions 1 and 2. Violation: The license holder did not establish a policy and procedures that promoted service recipient rights by providing a simple complaint process for persons served by the program and their authorized representatives to bring a grievance that provided the address of the highest level of authority in the program as required. Corrective Action Ordered: Within 30 days of receiving this order, you must update your grievance policy and procedures to include the address of the highest level of authority in the program. On an ongoing basis, you must maintain compliance as required in these subdivisions. 8. Citation: Minnesota Statute, section 245D.061, subdivision 9 and section 245D.06, subdivision 5. Violation: The license holder did not develop a policy and procedure that promoted service recipient rights and protected health and safety during the emergency use of manual restraints as required. Minnesota Statutes, section 245D.06, subdivision 5 prohibits the use of time out and seclusion. Time out is defined as “involuntary removal of a person for a period of time to a designated area from which the person is not prevented from leaving.” The definition of seclusion includes, “otherwise involuntarily removing or separating a person from an area, activity, situation, or social contact with others and blocking or preventing the person's return.” The license holder’s “Emergency Use of Manual Restraint Not Allowed Policy” instructed staff to “use isolation” as an alternative measure to achieve safety when a person’s conduct poses an imminent risk of physical harm to self or others; therefore, the license holder failed to develop a policy and procedure that promoted service recipient rights and protected health and safety during the emergency use of manual restraints. Corrective Action Ordered: Immediately, you must update your policy and procedures to prohibit the use of time out or seclusion, including isolation. 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 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 as soon as possible. Brittany Raddatz, HCBS Unit Supervisor Licensing Division Office of Inspector General 651-431-6591
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