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December 8, 2023 Hussein Wali Mohamed, Authorized Agent Minnesota Care Counseling Services 651 Taft Street Northeast Minneapolis, Minnesota 55413 License Number: 1075365 (245D – HCBS) CORRECTION ORDER Dear Hussein Wali Mohamed: On October 25, 2023, a licensing review of Minnesota Care Counseling Services, located at 651 Taft Street Northeast, Minneapolis, 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.04, subdivision 1. Violation: For one of three persons whose record was reviewed (P2), the license holder did not provide written notice that identified the service recipient rights and an explanation of those rights as required. The license holder failed to provide P2 with a written notice that identified the following protection-related rights: · access to the person’s personal possessions at any time, including financial resources; · have access to three nutritionally balanced meals and nutritious snacks between meals each day; · have the freedom to furnish and decorate the person’s bedroom or living unit; · a setting that is clean and free from accumulation of dirt, grease, garbage, peeling paint, mold, vermin, and insects; · a setting that is free from hazards that threaten the person’s health or safety; and · a setting that meeting the definition of a dwelling unit within a residential occupancy as defined in the State Fire Code. Corrective Action Ordered: Immediately provide P2 and P2’s legal representative the above protection-related rights and maintain documentation of P2’s legal representative’s receipt of a copy and an explanation of the rights. On an ongoing basis, you must maintain compliance as required in this subdivision. 2. Citation: Minnesota Statutes, section 245D.04, subdivision 3, paragraph (c). Violation: For one person whose record was reviewed (P1), the license holder did not implement and maintain documentation of a restriction of the person’s rights as required. The license holder failed to obtain signed and dated approval from P1’s legal representative before implementing a rights restriction. The license holder implemented a restriction of P1’s rights on August 31, 2023; however, the license holder failed to obtain a signed and dated approval from P1’s legal representative until September 8, 2023. Corrective Action Ordered: On an ongoing basis, you must maintain compliance as required in this subdivision. 3. Citation: Minnesota Statutes, section 245D.071, subdivision 3. Violation: For one person whose record was reviewed (P1), the license holder did not complete initial service planning as required. a. The license holder failed to complete a preliminary support plan addendum within 15 days of service initiation for P1. P1 initiated services on July 3, 2023. The license holder completed P1’s preliminary support plan addendum on August 30, 2023. b. The license holder failed to meet within 45 days of service initiation with P1, P1’s legal representative, and P1’s case manager. P1 initiated services on July 3, 2023. The license holder met with P1, P1’s legal representative, and P1’s case manager was on September 20, 2023. Corrective Action Ordered: On an ongoing basis, you must maintain compliance as required in this subdivision. 4. Citation: Minnesota Statutes, section 245D.071, subdivision 4. Violation: For three persons whose records were reviewed (P1-P3), the license holder did not develop a service plan that documented the service outcomes and supports as required. The license holder failed to develop a service plan with the service outcomes and supports based on the assessments and person-centered planning for P1-P3 that documented: · methods of actions that will be used to support the person and to accomplish the service outcomes; · the measurable and observable criteria for identifying when the desired outcomes had been achieved; · the projected starting date for implementing the supports and methods; and · the names of the staff or position responsible for implementing the supports and methods. Corrective Action Ordered: Within 60 days of receiving this order, you must: · develop service plans for P1-P3 that document the service outcomes and supports that include the following: o the methods or actions that will be used to support P1-P3 to accomplish the service outcomes, including information about: · any changes or modifications to the physical and social environments necessary when the service supports are provided; · any equipment and materials required; and · techniques that are consistent with the person’s communication mode and learning style; o the measurable and observable criteria for identifying when the desired outcome has been achieved and how data will be collected; o the projected starting date for implementing the supports and methods and the date by which progress towards accomplishing the outcomes will be reviewed and evaluated; and o the names of the staff or position responsible for implementing the supports and methods; and · submit documentation of P1-P3’s service outcomes and supports, including the information detailed above, to your licensor. 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. Submissions required as part of a corrective action ordered must be sent to your Licensor at: 1. By secure email at kristopher.oberg@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: Kristopher Oberg 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 Kris Oberg at 651-431-6589 as soon as possible. Brittany Raddatz, Supervisor Licensing Division Office of Inspector General
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