Minnesota

December 15, 2023

Natalie Rankins, Authorized Agent

Empower Me Group Inc

724 Bielenberg Drive #25

Woodbury, MN 55125.

License Number: 1098443 (245D – HCBS)

CORRECTION ORDER

Dear Natalie Rankins:

On October 5, 2023 a licensing review of Empower Me Group Inc, located at 724 Bielenberg Drive #25, 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.

Program Coordination, Evaluation, and Oversight Violations

1. Citation: Minnesota Statutes, section 245D.081.

Violation: The license holder did not meet the requirements of program coordination, evaluation and oversight.

a. The license holder failed to ensure the designated coordinator (SP3), provided supervision, support, and evaluation of activities that include:

· oversight of the license holder’s responsibilities assigned in the persons support plan and support plan addendum;

· taking the action necessary to facilitate the accomplishment of the outcomes according to the requirements in section 245D.07;

· instruction and assistance to direct support staff implementing the support plan and the service outcomes, including direct observation of service delivery sufficient to assess staff competency; and

· evaluation of the effectiveness of services delivery, methodologies, and progress on the person’s outcomes based on the measurable and observable criteria for identifying when the desired outcomes based on the measurable and observable criteria for identifying when the desired outcome has been achieved according to the requirements in section 245D.07.

b. The license holder failed to ensure that the designated manager (SP3) provided program management and oversight of the services provided by the license holder that include:

· maintaining a current understanding of the licensing requirements sufficient to ensure compliance throughout the program as identified in section 245A.04, subdivision 1, paragraph e, and when applicable, as identified in section 256B.04, subdivision 21, paragraph (g);

· ensuring the duties of the designated coordinator are fulfilled according to the requirements in subdivision 2;

· evaluation of satisfaction of persons served by the program, the person’s legal representative, if any, and the case manager with the service delivery and progress towards accomplishing outcomes identified in section 245D.07 and 245D.071 and ensuring and protecting each person’s rights as identified in section 245D.04;

· ensuring staff competency requirements are met according to the requirements in section 245D.09, subdivision 3, and ensuring staff orientation and training is provided according to the requirements in section 245D.09, subdivision 4, 4a and 5; and

· evaluating the information identified in clauses (1) to (6) to develop, document, and implement ongoing program improvements.

See citations 2 through 20 for the designated coordinator and designated managers failures to provide the above stated requirements.

Corrective Action Ordered: Immediately upon receiving this order, you must:

· review all corrective action ordered in this correction order;

· complete all corrective action ordered within the stated timelines; and

· submit all required corrective action ordered within the stated timelines to your licensor. Your licensor will review the corrective action submitted to ensure the designated coordinator and designated manager are competent in their duties as assigned in 245D.081 and have an understanding of the licensing requirements sufficient to ensure compliance.

Service Recipient Violations

2. Citation: Minnesota Statutes, section 245A.65, subdivision 2, paragraph (b), clause (2).

Violation: For two of three persons whose records were reviewed (P2 and P3), the license holder did not meet the requirements for individual abuse prevention plans (IAPP) as required.

a. The license holder failed to develop an IAPP for P2 that included a statement of measures that would be taken to minimize the risk of abuse within the scope of the following services:

· day support services;

· individualized home supports without training;

· respite; and

· night supervision.

For individualized home supports with training the license holder failed to develop an IAPP for P2 prior to or upon service initiation of that service on July 7, 2023. At the time of the licensing review on October 5, 2023 this had not been developed.

For day support services, the license holder failed to review and evaluate P2’s individualized abuse prevention plan annually in 2023.

b. P3 received day support services and employment support services from the license holder. For employment support services, the license holder failed to review and evaluate P3’s individual abuse prevention plan annually in 2022.

Corrective Action Ordered: Within 60 days of receiving this order, you must:

· develop an IAPP for P2 for individualized home supports with training;

· review and revise P2’s IAPPs for all services to include a statement of measures that would be taken to minimize the risk of abuse within the scope of each service;

· submit evidence of these to your licensor;

· audit all person served records to ensure the above has been developed; and

· submit the audit results to your licensor.

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

3. Citation: Minnesota Statutes, section 245D.04, subdivision 1.

Violation: For three persons whose records were reviewed (P1, P2 and P3), the license holder did not provide written notice that identifies the service recipient rights and an explanation of those rights as required.

a. P1’s service initiation for family residential services was November 10, 2022. The license holder failed to provide P1’s legal representative with a written notice that identifies the service recipient rights in subdivisions 2 and 3, and an explanation of those rights within five working days of service initiation. The license holder provided this on April 18, 2023.

b. P2’s service initiation for individualized home supports (IHS) without training and night supervision was February 13, 2023. The license holder failed to provide P2’s legal representative with a written notice that identifies the service recipient rights in subdivisions 2 and 3, and an explanation of those rights within five working days of service initiation. This was provided on May 5, 2023.

P2’s service initiation for individualized home supports (IHS) with training was July 7, 2023. The license holder failed to provide P2’s legal representative with a written notice that identifies the service recipient in subdivisions 2 and 3, and an explanation of those rights within five working days of service initiation. At the time of the licensing review on October 5, 2023, this had not been provided.

c. P3 received employment support services from the license holder. The license holder failed to provide P3 with a written notice that identifies the service recipient rights in subdivisions 2 and 3, and an explanation of those rights annually for 2022.

Corrective Action Ordered: Within 60 days of receiving this order, you must:

· provide P2’s legal representative with a written notice that identifies the service recipient rights and an explanation of those rights;

· submit evidence of this to your licensor;

· audit all person served records to ensure the above has been provided; and

· submit the audit results to your licensor.

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

4. Citation: Minnesota Statutes, section 245D.05, subdivision 1, paragraph (b).

Violation: For one person whose record was reviewed (P2), the license holder did not document health needs as required.

The license holder was responsible for P2’s health needs in the scope of all services the license holder was providing to P2. The license holder failed to maintain consistent documentation on how P2’s health needs would be met, including a description of the procedures the license holder would follow in order to:

· provide medication setup, assistance or administration according to this chapter;

· monitor health conditions according to written instructions from a licensed health professional; and

· assist with or coordinate medical, dental, and other health service appointments.

Corrective Action Ordered: Within 60 days of receiving this order, you must:

· for all services received, document the above for P2;

· submit evidence of this to your licensor;

· audit all person served records to ensure the above has been documented; and

· submit the audit results to your licensor.

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

5. Citation: Minnesota Statutes, section 245D.05, subdivision 1a.

Violation: For one person whose record was reviewed (P2), the license holder did not implement medication setup procedures as required.

For P2, the license holder was assigned responsibility for medication setup. The license holder failed to document the following in P2’s medication administration record health:

· dates of setup;

· name of medication;

· quantity of dose;

· times to be administered; and

· route of administration at time of set up.

Corrective Action Ordered: Within 60 days of receiving this order, you must:

· document the above for P2;

· submit evidence of this to your licensor;

· audit all person served records to ensure the above has been documented; and

· submit the audit results to your licensor.

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

6. Citation: Minnesota Statutes, section 245D.07, subdivision 1a.

Violation: For one person whose record was reviewed (P2), the license holder did not ensure the provision of services in response to the person’s identified needs, interests, preferences, and desired outcomes as specified in the support plan and the support plan addendum, and in compliance with the requirements of this chapter.

P2’s needs and interests were identified in the support plan as crafts, beading, bowling, playing with playdoh, dinosaurs and braiding hair. However, the license holder identified P2’s outcomes as:

· outcome for day support – P2 will not self harm 100% of the time when [he/she] is at day support services.

The license holder failed to use information consistent with principals of person-centered service planning and delivery to identify outcomes P2 desired.

Corrective Action Ordered: Within 60 days of receiving this order, you must:

· identify the above required information for each intensive service P2 receives;

· submit evidence of this to your licensor;

· audit all person served records to ensure the above has been identified; and

· submit the audit results to your licensor.

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

7. Citation: Minnesota Statutes, section 245D.07, subdivision 2.

Violation: For one person whose record was reviewed (P2), the license holder did not meet service planning requirements as required.

The license holder provided multiple basic services to P2. Regarding each service P2 received, the license holder failed to identify how, when and by whom services are provided, and the person responsible for oversight and coordination of services.

Corrective Action Ordered: Within 60 days of receiving this order, you must:

· identify the above required information for each basic service P2 receives;

· submit evidence of this to your licensor;

· audit all person served records to ensure the above has been identified; and

· submit the audit results to your licensor.

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

8. Citation: Minnesota Statutes, section 245D.07, subdivision 2 and 3.

Violation: For one person whose record was reviewed (P2), the license holder did not meet service planning requirements for basic support services as required.

For individualized home supports without training, night supervision and respite, the license holder was required in P2’s support plan to participate in semi-annual service planning and support team meetings for P2. Additionally, the license holder was responsible for providing written reports regarding P2’s progress or status semiannually. The license holder failed to meet and provide written reports semi-annually.

Corrective Action Ordered: Within 60 days of receiving this order, you must:

· audit all person served records to ensure the above has been completed; and

· submit the audit results to your licensor.

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

9. Citation: Minnesota Statues, section 245D.071, subdivision 3, paragraphs (c) and (d).

Violation: For three persons whose records were reviewed (P1, P2 and P3), the license holder did not meet the requirements for service plan and delivery as required.

a. Regarding the service of family residential services, the license holder met with P1, P1’s legal representative, and P1’s case manager on December 14, 2023 for a 45-day service plan meeting, however the license holder failed to determine the following:

· the scope of services to be provided to support the person’s daily needs and activities;

· opportunities for community access, participation, and inclusion in preferred community activities;

· opportunities to develop and strengthen personal relationships with other persons of the person’s choice in the community; and

· a discussion of how technology might be used to meet the person’s desired outcomes. The support plan or support plan addendum must include a summary of this discussion, including:

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.

P1 had a similar failure for employment support services. P3 had similar failures for employment services and day supports.

b. P2 had individualized home supports with training initiated on July 6, 2023. The license holder failed to assess:

· P2’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;

· P2’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

· P2’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 P2 or others.

The license holder failed to conduct a 45-day planning meeting for P2. The license holder failed to meet with P2, P2’s legal representative, P2’s case manager and other members of the support team or expanded support team to determine the following based on the information obtained from the assessment:

· P2’s identified needs in the support plan and the requirements regarding service outcomes, reports and person-centered planning and delivery:

o the scope of individualized home supports with training to be provided to support P2’s daily needs and activities;

o P2’s desired outcomes and supports necessary to accomplish P2 desired outcomes;

o P2’s preferences of how services and supports are provided, including how the provider will support the P2 to have control of P2’s schedule;

o whether the current service setting is the most integrated setting available and appropriate for P2;

o opportunities to develop and maintain essential and life-enriching skills, abilities, strengths, interests, and preferences;

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;

o opportunities to seek competitive employment and work at competitively paying jobs in the community;

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 the continuity of care and coordination of services for the person;

o a discussion of how technology might be used to meet the person’s desired outcomes; and

o maintain a summary in P2’s CSSP addendum of that discussion that included a statement regarding any decision that is made regarding the use of technology and a description of any further research that needs to be completed before a decision regarding the use of technology can be made.

c. For P3, regarding day support services and employment support services, the license holder failed to complete assessments that produce information about P3 that describe the P3’s strengths, functional skills and abilities, and behaviors or symptoms.

For day support services and employment support services, the license holder failed to conduct assessments annually in 2022 for P3.

Corrective Action Ordered: Within 60 days of receiving this order, you must:

· meet with P1, P1’s legal representative, and P1’s case manager to determine the above for family residential services and employment support services;

· complete the above assessments for P2;

· review the assessments with P2’s support team;

· meet with P3, P3’s legal representative, and P3’s case manager to determine the above for employment support services and day support services;

· for day support services and employment support services, complete assessments that produce information about P3 that describe P3’s strengths, function skills and abilities, and behaviors or symptoms;

· submit evidence of these meetings and assessments to your licensor for P1, P2 and P3;

· audit all person served records to ensure the above has been completed; and

· submit the audit results to your licensor.

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

10. Citation: Minnesota Statutes, section 245D.071, subdivision 4.

Violation: For three persons whose records were reviewed (P1, P2 and P3), the license holder failed to meet the requirements for services outcomes and supports as required.

a. For P1, regarding family residential services and employment support services, the license holder failed to document the supports and methods to be implemented to support the person and accomplish outcomes related to acquiring, retaining, or improving skills and physical, mental, and emotional health and well-being. The documentation must include:

· the methods or actions that will be used to support the person and to accomplish the service outcomes including information about:

o any changes or modifications to the physical and social environments necessary when the service supports are provided;

o any equipment and materials required; and

o techniques that are consistent with the person’s communication mode and learning style;

· the measurable and observable criteria for identifying when the desired outcome has been achieved and how data will be collected;

· 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

· the names of the staff or position responsible for implementing the supports and methods.

P2 and P3 had a similar failure in their records for all services provided by the license holder.

Corrective Action Ordered: Within 60 days of receiving this order, you must:

· for P1, P2 and P3 document the above supports and methods;

· submit evidence of this to your licensor;

· audit all person served records to ensure the above has been completed; and

· submit the audit results to your licensor.

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

11. Citation: Minnesota Statutes, section 245D.071, subdivision 5.

Violation: For three persons whose records were reviewed (P1, P2 and P3), the license holder did not meet the requirements for service plan and evaluation as required.

a. For employment support services, P1’s support plan addendum required semi-annual progress review meetings. The license holder failed to meet semi-annually in 2021, 2022, and 2023.

b. For day support services, the license holder failed to, at least once per year, in coordination with P2’s support team or expanded support team, meet with P2, P2’s legal representative, P2’s case manager, and other people as identified by P2 or P2’s legal representative:

· discuss options for transitioning to an employment service described in section 245D.03, subdivision 1, paragraph (c), clauses (5) to (7); and

· include a summary of this discussion that included a statement about a decision made and a description of any further research or education that must be completed before a decision is made in P2’s support plan addendum.

c. For employment support services, the license holder failed to meet with P3, P3’s legal representative and P3’s case manager least once per year for 2022 and discuss how technology might be used to meet the person’s desired outcomes. The support plan or support plan addendum must include a summary of this discussion, including:

· a statement regarding any decision that is made regarding the use of technology; and

· a description of any further research that needs to be completed before a decision regarding the use of technology can be made.

P3 had similar failures in their record regarding day support services and employment services.

Corrective Action Ordered: Within 60 days of receiving this order, you must:

· meet with P2, P2’s legal representative and P2’s case manager to discuss the above;

· submit evidence of this to your licensor;

· audit all person served files to ensure the above has been discussed;

· submit the audit results to your licensor.

See citation 8 for corrective action regarding P3. On an ongoing basis, you must maintain compliance as required in this subdivision.

12. Citation: Minnesota Statutes, section 245D.071, subdivision 5, paragraph (g).

Violation: For three persons whose records were review (P1, P2 and P3), the license holder did not meet the requirements for service plan review and evaluation as required.

The license holder failed to summarize P2’s status and progress toward achieving the identified outcomes and make recommendations and identify the rationale for changing, continuing, or discontinuing implementation of supports and methods identified in section 245D.071, subdivision 4 in a report available at the time of the progress review meeting.

P1 and P3 had similar violations for employment support services.

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

13. Citation: Minnesota Statutes, section 245D.10, subdivision 4, paragraph (b).

Violation: For one person whose record was reviewed (P2), the license holder did not inform and provide copies of the policies and procedures affecting a person’s rights as required.

P2 began receiving day support services on March 7, 2022, and individualized home supports with training on July 7, 2023. The license holder failed to inform and provide copies of the policies and procedures affecting a person’s rights under section 245D.04 to P2 or P2’s legal representative and P2’s case manager within five working days of service initiation for day support services and individualized home supports with training.

Corrective Action Ordered: Within 60 days of receiving this order, you must:

· inform and provide copies of the policies and procedures affecting a person’s rights to P2’s legal representative and case manager;

· audit all person served records to ensure the above has been provided;

· submit the audit results to your licensor.

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

14. Citation: Minnesota Rules, part 9544.0030, subpart 1.

Violation: For three persons whose records were reviewed (P1, P2 and P3), the license holder did not evaluate the identified positive support strategies every six months as required.

 

The license holder failed to evaluate with P1, P2 and P3, at least every six months, if any positive support strategies used needed changes, and, if so make appropriate changes.

 

Corrective Action Ordered: Within 60 days of receiving this order, you must:

· evaluate with P1, P2 and P3 whether the identified positive support strategies currently meet the standards in Minnesota Rules, part 9544.0030, subpart 2. Based upon the results of the evaluation, you must determine whether changes are needed in the positive support strategies used, and, if so, make appropriate changes; and

· maintain documentation of compliance with these requirements as required in Minnesota Rules, part 9544.0100.

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

Staffing Standards Violations

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

Violation: For two of two staff persons whose records were reviewed (SP1 and SP2), the license holder did not provide orientation to the program requirements as required.

a. SP1 was hired on July 1, 2021. The license holder failed to provide SP1 the following within 60 days of hire:

· the job description and how to complete specific job functions, including:

o responding to and reporting incidents as required under 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;

· basic first aid. This was provided on June 26, 2023; and

· strategies to minimize the risk of sexual violence, including concepts of healthy relationships, consent, and bodily autonomy of people with disabilities. This was provided on June 26, 2023.

b. SP2 was hired on March 1, 2023. The license holder failed to provide SP2 with the following within 60 days of hire:

· the job description and how to complete specific job functions, including:

o responding to and reporting incidents as required under 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;

· data privacy requirements according to sections 13.01 to 13.10 and 13.46, the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA), and staff responsibilities related to complying with data privacy practices;

· the service recipient rights and staff responsibilities related to ensuring the exercise and protection of those rights according to the requirements in section 245D.04;

· sections 245A.65245A.66, and 626.557 and chapter 260E governing maltreatment reporting and service planning for children and vulnerable adults, and staff responsibilities related to protecting persons from maltreatment and reporting maltreatment;

· the principles of person-centered service planning and delivery as identified in section 245D.07, subdivision 1a, and how they apply to direct support service provided by the staff person;

· the safe and correct use of manual restraint on an emergency basis according to the requirements in section 245D.061 or successor provisions, and what constitutes the use of restraints, time out, and seclusion, including chemical restraint;

· staff responsibilities related to prohibited procedures under section 245D.06, subdivision 5, or successor provisions, why such procedures are not effective for reducing or eliminating symptoms or undesired behavior, and why such procedures are not safe; and

· basic first aid.

Corrective Action Ordered: Within 60 days of receiving this order, you must:

· provide SP1 and SP2 with the above training;

· submit evidence of this training to your licensor;

· audit all staff personnel records to ensure this training has been provided;

· submit the audit results to your licensor.

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

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

Violation: For two staff persons whose records were reviewed (SP1 and SP2), the license holder did not provide orientation to the individual service recipient needs as required.

The license holder failed to provide orientation to the individual service recipient needs to SP1 and SP2. SP1 and SP2 had unsupervised direct contact with a person served without this training. At the time of the license review on October 5, 2023, neither SP1 or SP2 had received this training.

Corrective Action Ordered: Within 60 days of receiving this order, you must:

· provide the above training to SP1 and SP2; and

· submit evidence of this to your licensor.

· audit all staff personnel records to ensure this training has been provided; and

· submit the audit results to your licensor.

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

17. 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.

Minnesota Statutes, section 245A.02, subdivision 2b defines “annual” or “annually” to mean prior to or within the same month of the subsequent calendar year.

a. The licensor holder failed to provide SP1 with the following 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 (HIPAA), and staff responsibilities related to complying with data privacy practices. This training was provided on June 26. 2023;

· the service recipient rights and staff responsibilities related to ensuring the exercise and protection of those rights according to the requirements in section 245D.04;

· sections 245A.65245A.66, and 626.557 and chapter 260E governing maltreatment reporting and service planning for children and vulnerable adults, and staff responsibilities related to protecting persons from maltreatment and reporting maltreatment. This training was provided on June 26. 2023;

· the principles of person-centered service planning and delivery as identified in section 245D.07, subdivision 1a, and how they apply to direct support service provided by the staff person. This training was provided on June 26. 2023;

· the safe and correct use of manual restraint on an emergency basis according to the requirements in section 245D.061 or successor provisions, and what constitutes the use of restraints, time out, and seclusion, including chemical restraint. This training was provided on June 26. 2023;

· staff responsibilities related to prohibited procedures under section 245D.06, subdivision 5, or successor provisions, why such procedures are not effective for reducing or eliminating symptoms or undesired behavior, and why such procedures are not safe. This training was provided on June 26. 2023;

· basic first aid. This training was provided on June 26. 2023; and

· strategies to minimize the risk of sexual violence, including concepts of healthy relationships, consent, and bodily autonomy of people with disabilities. This training was provided on June 26. 2023.

Corrective Action Ordered: Within 60 days of receiving this order, you must:

· provide the above training for SP1;

· submit evidence of this to your licensor;

· audit all staff personnel to ensure the above training has been provided; and

· submit the audit results to your licensor.

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

Record Keeping Violations

18. Citation: Minnesota Statutes, section 245D.095, subdivision 2.

Violation: The license holder did not maintain an admission record as required.

The license holder failed to keep a written or electronic register, listing in chronological order the dates and names of all persons served by the program who have been admitted, discharged, or transferred, including service termination initiated by the license or deaths.

Corrective Action Ordered: Within 60 days of receiving this order, you must:

· keep a written or electronic register, listing in chronological order the dates and names of all persons served by the program who have been admitted, discharged, or transferred, including service termination initiated by the license or deaths; and

· submit evidence of this to your licensor.

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

19. Citation: Minnesota Statutes, section 245D.095, subdivision 3, paragraph (b).

Violation: For one person whose record was reviewed (P2), the license holder failed to maintain a service recipient record as required.

For P2, regarding day support service, the license holder failed to maintain a signed statement authorizing the license holder to act in a medical emergency when the person’s legal representative, if any, cannot be reached or is delayed in arriving. This wasn’t maintained until February 13, 2023.

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

20. Citation: Minnesota Statutes, section 245D.095, subdivision 5, paragraph (a), clause (2).

Violation: For two staff persons whose records were reviewed (SP1 and SP2), the license holder did not maintain personnel records as required.

a. For SP1 the license holder failed to maintain documentation of number of hours of training per subject area and the name of the trainer or instructor for each required training subject area.

b. For SP2 the license holder failed to maintain documentation of the name of the trainer or instructor for each required training subject area.

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.

Submissions required as part of a corrective action ordered must be sent to your Licensor at:

1. By secure email at Robert.r.romani@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: Robert Romani

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 me as soon as possible.

Robert Romani, Senior Human Services Licensor

Licensing Division

Office of Inspector General

651-431-3658


PO Box 64242 • Saint Paul, Minnesota • 55164-0242 • An Equal Opportunity and Veteran Friendly Employer

https://mn.gov/dhs/general-public/licensing/