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January 24, 2024 Barbara Turner, Authorized Agent Beacon Specialized Living Minnesota Inc 1355 Mendota Heights Road Suite 260 Mendota Heights, Minnesota 55120 License Number: 1070450 (245D – HCBS) License Number: 1070452 (CRS) Report Number: 202210708 CORRECTION ORDER Dear Barbara Turner: A licensing complaint investigation of Beacon Specialized Living Minnesota Inc., Ohoda House, located at 802 6th Avenue South, South Saint Paul, 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 complaint 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 245C.07, paragraph (b), and section 245A.07, subdivision 3, paragraph (d). Violation: For one of three staff persons whose records were reviewed (SP1), the license holder did not notify the commissioner to transfer background studies to an active license when a licensed program closed as required. DHS received a report of an incident that occurred on November 22, 2022. DHS requested information from the license holder that identified staff persons that were providing direct contact at the time of the incident. SP1 did not have a valid background study on the date of the incident. SP1 had a background study completed under license number 1045736. When this license closed on July 20, 2022, the license holder failed to notify the Commissioner to transfer the background studies to an active license as allowed under this section; therefore, SP1 did not have valid study until the license holder initiated a new background study for SP1 on November 23, 2022. Under Minnesota Statutes, section 245A.07, subdivision 3, paragraph (d), except for background study violations involving the failure to comply with an order to immediately remove an individual or an order to provide continuous, direct supervision, the Commissioner shall not issue a fine to a license holder who self-corrects a background study violation before the Commissioner discovers the violation. A license holder who has previously exercised the provisions of this paragraph to avoid a fine for a background study violation may not avoid a fine for a subsequent background study violation unless at least 365 days have passed since the license holder self-corrected the earlier background study violation. Corrective Action Ordered: Immediately and on an ongoing basis, you must comply with the background study requirements in Minnesota Statutes, chapter 245C. 2. Citation: Minnesota Statutes, section 245D.095, subdivision 5 Violation: For two staff persons whose records were reviewed (SP2 and SP3), the license holder did not maintain personnel records as required. As part of the licensing complaint investigation, a DHS licensor requested SP2 and SP3’s personnel record that included the date of the employee's first supervised direct contact with a person served by the program, and the date of first unsupervised direct contact with a person served by the program. The license holder failed to maintain this information in SP2 and SP3’s personnel record and was unable to provide this to the DHS licensor. Corrective Action Ordered: On an ongoing basis, you must maintain personnel records as required. 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 as soon as possible. Krista Hastings, Senior Human Services Licensor Licensing Division Office of Inspector General 651-431-4825
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