|

January 12, 2023
Arnold Kubei, Authorized Agent Metro Care Human Services 2056 Woodlane Drive Woodbury, MN, 55125
License Number: 1087086 (245D – HCBS) License Number: 1115304 Investigation Report Number: 202307290
CORRECTION ORDER
Dear Arnold Kubei:
On November 6, 2023, a licensing investigation of Metro Care Human Services located at 2056 Woodlane Drive, 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 investigation 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, subdivisions 1 and 3a.
Violation: For one person whose record was reviewed (P1), the license holder did not enforce policies and procedures related to service termination as required.
The license holder provided P1 a service termination notice on September 26, 2023. Prior to providing P1 the service termination notice, the licensor holder failed to: · document actions taken to minimize or eliminate the need for termination including at a minimum:
o consultation with P1’s support team or expanded support team to identify and resolve issues leading to issuance of the notice; and
o a request to P1’s case manager for intervention services identified in section 245D.03, subdivision 1, paragraph (c), clause (1), or other professional consultation or intervention services to support the person in the program; and
· notify the person or the case manager in writing of the intended service termination at least 60 days prior to termination. The license holder provided P1 a service termination notice that was effective immediately.
Corrective Action Ordered: Within 15 days of receiving this order, you must provide all staff persons, including designated managers and designated coordinators, training on your service termination policy. Additionally, you must maintain documentation of this training in all personnel records. 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 at 651-431-4622 as soon as possible.
Desiree Tiller Licensing Division Office of Inspector General
PO Box 64242 • Saint Paul, Minnesota • 55164-0242 • An Equal Opportunity and Veteran Friendly Employer https://mn.gov/dhs/general-public/licensing/
|