|
February 5, 2024 Fatima Browne, Authorized Agent Constant Care Homes Inc. 2722 Park Avenue Unit 116 Minneapolis, Minnesota 55407 License Number: 1107378 (245D – HCBS) CORRECTION ORDER Dear Fatima Browne: On December 6, 2023, a licensing review of Constant Care Homes Inc., located at 2722 Park Avenue, 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 245A.065, subdivision 2, paragraph (b). Violation: For one of two persons whose record was reviewed (P1), the license holder did not develop an individual abuse prevention plan (IAPP) as required. The license holder failed to develop an IAPP for P1 that included an individualized assessment of P1’s susceptibility of abuse according to Minnesota Statutes, section 626.557, subdivision 14. P1’s IAPP indicated that P1 was not susceptible to physical abuse, however, this assessment was not consistent with information reviewed elsewhere in P1’s record. Corrective Action Ordered: Within 30 days of receiving this order, you must review and revise the IAPP for P1 to meet the requirements of this subdivision. On an ongoing basis, you must maintain compliance as required in this subdivision. 2. Citation: Minnesota Statutes, section 245D.071, subdivision 3, paragraphs (c) and (d). Violation: For two persons whose records were reviewed (P1 and P2), the license holder did not meet the requirements for assessment and initial service planning as required. The license holder failed to determine the following information at P1 and P2’s 45-day meetings: · the person’s identified needs in the support plan, and the requirements regarding service outcomes and supports and person-centered planning and service delivery; · the scope of services to be provided to support the person’s daily needs and activities; · the person’s desired outcomes and the supports necessary to accomplish the person’s desired outcomes; · the person’s preferences for how services and supports are provided, including how the provider will support the person to have control of their schedule; · whether the current service setting is the most integrated setting available and appropriate for the person; · 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 continuity of care and coordination of services for the person; and · how technology might be used to meet the person’s desired outcomes and include a summary of this discussion in the person’s support plan or support plan addendum that includes: 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. Corrective Action Ordered: Within 30 days of receiving this order, you must meet with P1, P1’s support team, P2, and P2’s support team to determine the requirements listed above. On an ongoing basis, you must maintain compliance as required in this subdivision. 3. Citation: Minnesota Statutes, section 245D.071, subdivision 4. Violation: For two persons whose records were reviewed (P1 and P2), the license holder did not develop a service plan that documented the service outcomes and supports as required. The license holder failed to document the following supports and methods to accomplish outcomes for P1 and P2: · the methods or actions that would be used to support the person and to accomplish the service outcomes, including information about techniques that were consistent with the person’s communication mode and learning style; and · the measurable and observable criteria for identifying when the desired outcome has been achieved and how data would be collected. Corrective Action Ordered: Within 30 days of receiving this order, you must update P1 and P2’s supports and methods to include the information detailed above. On an ongoing basis, you must maintain compliance as required in this subdivision. 4. Citation: Minnesota Rules, part 9544.0030, subpart 1. Violation: For one person whose record was reviewed (P1), the license holder did not evaluate positive support strategies as required. The license holder failed to evaluate positive support strategies with P1 at least every six months. Corrective Action Ordered: Within 30 days of receiving this order, you must meet with P1 to evaluate positive support strategies and incorporate the positive support strategies identified in writing to an existing treatment, service, or other individual plan. On an ongoing basis, you must maintain compliance as required in this subpart. 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 you may contact Niki Ginther, Senior Human Services Licensor, at 651-431-4822. Brittany Raddatz, Supervisor Licensing Division Office of Inspector General
|
