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February 14, 2024 CERTIFIED MAIL Peg Kinda, Authorized Agent Align Health Care Inc 2042 Wooddale Dr Ste 250 Woodbury, MN 55125-4421 License Application Number 1120703 (245G) ORDER OF LICENSE DENIAL Dear Peg Kinda: The Department of Human Services (DHS) is denying your application for a substance use disorder treatment program license at 2500 Minnehaha Ave, Minneapolis, MN 55404-4118. This denial is based on failure to submit a substantially complete application and the commissioner’s evaluation of program. Details of our findings are provided below. Our next steps and your options are also detailed. REASON FOR LICENSE DENIAL 1. Failure to submit a substantially complete application DHS licensing notified you on that your application for providing substance use disorder treatment services was incomplete. Following this notice, your application continues to be substantially incomplete. · On August 09, 2023, the Department of Human Services (DHS)-Division of Licensing, received your application for a license to provide substance use disorder treatment. An initial review of your application determined that your application was incomplete and substantially deficient. The following policies and procedures were either missing or were not in compliance with Minnesota Statutes, chapter 245G: o Service Initiation o Service Termination o Client Rights o Grievance Procedure o Client Funds and Property o Treatment Services Description o Client Attendance Policy and Procedure o Medical Services, including: § Description of Medical Services § Naloxone Standing Order § Control of Naloxone Policy § Tuberculosis Policy § HIV Minimum Standards Policy o Behavioral Emergency Policy and Procedures o Program Abuse Prevention Plan o Vulnerable Adult Maltreatment Reporting Policies o Maltreatment of Minors Reporting Policies o Personnel Policies, including: § Job Descriptions & Organizational Structure § Policies describing behavior that constitutes grounds for disciplinary action, suspension, or dismissal § Orientation policies o Reporting a Death in the Program o Plan for Transfer of Clients and Records Upon Closure You were informed of this, along with the specific information on what was missing and/or out of compliance through a phone call with a DHS Licensor on December 07, 2023. This information was also provided to you in writing in the Notice of Incomplete Application, along with a detailed checklist outlining areas of noncompliance, which was delivered via certified mail on December 14, 2023. This notice required that a substantially complete application be submitted to DHS licensing within 45 days. On January 28, 2024, you left a voicemail for DHS Licensing stating you’d like to withdrawal your application. You had previously submitted two other applications (1116158 and 1117581) that were incomplete and substantially deficient as follows: · Application number 1116158 was received on October 18, 2022 and a Notice of Incomplete Application was sent via certified mail on November 02, 2022, which provided specific feedback on what was missing and/or out of compliance. On November 14, 2022, you withdrew your application. · Application number 1117581 was received on December 30, 2022 and a Notice of Incomplete Application was sent via e-mail on February 22, 2023, which provided specific feedback on what was missing and/or out of compliance. On June 09, 2023, you withdrew your application. Legal Authority: 245A.05, subdivision (a)(1). 2. Commissioner’s evaluation of program Based on communications with the you during the license application process, DHS determined that you were unable to demonstrate competent knowledge necessary to operate a substance use disorder treatment program in compliance with Minnesota statutes and rules. Without this knowledge, you are unable to ensure the safety and well-being of vulnerable adults who would be served by the program. Your application is being denied because you failed to demonstrate competent knowledge sufficient to complete the application, despite the resources provided to you and assistance from DHS. The DHS Licensing website provided resources on the application process and a link to the applicable Minnesota statutes and rules. A DHS licensor also provided you with assistance with your current and former applications on multiple occasions through phone calls, video meetings, and e-mail. Despite this assistance, you failed to submit the required documentation. Your inability to follow the laws and rules during the application process make it less likely you will be able to do so when operating a substance use disorder treatment program. Legal Authority: Minnesota Statutes, section 245A.04, subdivision 6 and 245A.05, subdivision (a)(8). Due to the serious and chronic nature of these violations, which impact the health and safety of persons served in a licensed program, your license to provide substance use disorder treatment services is denied. YOUR RIGHT TO APPEAL You have the right to appeal the denial. Your request must be in writing and clearly state that you are requesting a contested case hearing for this matter. Your request must be made before the deadlines provided below. If you do not meet this deadline, you lose your right to an administrative appeal. The timeline to appeal begins when you received this order. If you are mailing your request, it must be sent by certified mail and postmarked within 20 calendar days from when you received this order. Please send it 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 If your request is being personally delivered, it must be received by DHS within 20 calendar days from when you received this order. Please bring it to: Commissioner, Department of Human Services Office of Inspector General Legal Counsel’s Office Attention: Licensing Legal Unit 444 Lafayette Road North St. Paul, MN 55155 Upon DHS’ receipt of your timely appeal, your case would be scheduled for a contested case hearing in front of an Administrative Law Judge. Following this hearing, the Commissioner of DHS will issue a final order. If you do not appeal or if the order is affirmed by the Commissioner following a hearing, DHS is prohibited from issuing you and the controlling individuals a license for two years. Legal representation at the contested case hearing: You do not need a lawyer to appeal. However, a lawyer can help you with your appeal. The state or county will not get you a lawyer and will not pay for a lawyer. If you cannot afford a lawyer, you may be able to get free legal advice or help with your appeal. To find out if free help is available, contact: Volunteer Lawyers Network at 612-752-6677; Central Minnesota Legal Services at 612-332-8151; Southern Minnesota Legal Services at 651-222-4731; or go to www.lawhelpmn.org to find a local legal services program that may be able to help you. You can also find information on contested cases from the Office of Administrative Hearings website at https://mn.gov/oah/self-help. Click on Administrative Law Overview, then click on Administrative Law Contested Case Hearing Guide for a list of frequently asked questions. Legal authority for this licensing action · This action is taken under Minnesota Statutes, section 245A.05, subdivision (a), which describes under which conditions DHS may deny an application. · “Controlling individual” is defined under Minnesota Statutes, section 245A.02, subdivision 5a. · License holders have a right to appeal licensing actions and request a contested case hearing, under Minnesota Statutes, chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. · Under Minnesota Statutes, section 245A.04, subdivision 7, paragraph (d), clause (2), the commissioner shall not issue or reissue a license if the applicant, license holder, or controlling individual has been denied a license under this chapter within the past two years. Questions If you have any further questions regarding this matter, you may contact Maura McGarry, Supervisor, at 651-431-6671 Sincerely,
Paula Halverson, Unit Manager Licensing Division Office of Inspector General
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