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March 6, 2024 CERTIFIED MAIL Margot Kelsey, Authorized Agent Northern Minnesota Addiction Wellness Center 401 Clausen Ave. SW Apt. 4 Bemidji, MN 56601 License Number 1103246 AMENDED ORDER TO PAY A FINE FOR BACKGROUND STUDY VIOLATIONS NOTICE: This Amended Order to Pay a Fine for Background Study Violations supersedes the Order to Pay a Fine for Background Study Violations issued on January 24, 2024 which must be destroyed. The Amended Order to Pay a Fine for Background Study Violations being issued to correct citation reference under violation numbered one. Dear Margot: The Department of Human Services (DHS) is ordering you to pay a fine of $5,000 for 25 background study violations. Details of our findings are provided below. Our next steps and your options are also detailed. Reason for the Fine DHS is issuing this fine order based on your failure to comply with the following background study requirements: Background Study Violation Determined on December 6, 2023: 1. As a result of a licensing review and investigation, a DHS licensor determined that you failed to request background studies for 22 staff persons (SP) (SP1 through SP22) before they began working in positions allowing direct contact with persons served. SP1 was hired and began working in a position allowing direct contact with persons served by the program on August 8, 2022. At the time of the licensing review and investigation on December 6, 2023, the license holder had not submitted a background study request for the SP. SP2 was hired and began working in a position allowing direct contact with persons served by the program on July 22, 2022. At the time of the licensing review and investigation on December 6, 2023, the license holder had not submitted a background study request for the SP. SP3 was hired and began working in a position allowing direct contact with persons served by the program on June 9, 2022. At the time of the licensing review and investigation on December 6, 2023, the license holder had not submitted a background study request for the SP. SP4 was hired and began working in a position allowing direct contact with persons served by the program on February 25, 2023. At the time of the licensing review and investigation on December 6, 2023, the license holder had not submitted a background study request for the SP. SP5 was hired and began working in a position allowing direct contact with persons served by the program on February 27, 2023. At the time of the licensing review and investigation on December 6, 2023, the license holder had not submitted a background study request for the SP. SP6 was hired and began working in a position allowing direct contact with persons served by the program on June 12, 2023. At the time of the licensing review and investigation on December 6, 2023, the license holder had not submitted a background study request for the SP. SP7 was hired and began working in a position allowing direct contact with persons served by the program on June 11, 2023. At the time of the licensing review and investigation on December 6, 2023, the license holder had not submitted a background study request for the SP. SP8 was hired and began working in a position allowing direct contact with persons served by the program on May 2, 2023. At the time of the licensing review and investigation on December 6, 2023, the license holder had not submitted a background study request for the SP. SP9 was hired and began working in a position allowing direct contact with persons served by the program on August 14, 2023. At the time of the licensing review and investigation on December 6, 2023, the license holder had not submitted a background study request for the SP. SP10 was hired and began working in a position allowing direct contact with persons served by the program on June 27, 2023. At the time of the licensing review and investigation on December 6, 2023, the license holder had not submitted a background study request for the SP. SP11 was hired and began working in a position allowing direct contact with persons served by the program on March 26, 2023. At the time of the licensing review and investigation on December 6, 2023, the license holder had not submitted a background study request for the SP. SP12 was hired and began working in a position allowing direct contact with persons served by the program on November 13, 2023. At the time of the licensing review and investigation on December 6, 2023, the license holder had not submitted a background study request for the SP. SP13 was hired and began working in a position allowing direct contact with persons served by the program on January 13, 2023. At the time of the licensing review and investigation on December 6, 2023, the license holder had not submitted a background study request for the SP. SP14 was hired and began working in a position allowing direct contact with persons served by the program on March 9, 2022. At the time of the licensing review and investigation on December 6, 2023, the license holder had not submitted a background study request for the SP. SP15 was hired and began working in a position allowing direct contact with persons served by the program on October 4, 2023. At the time of the licensing review and investigation on December 6, 2023, the license holder had not submitted a background study request for the SP. SP16 was hired and began working in a position allowing direct contact with persons served by the program on October 13, 2022. At the time of the licensing review and investigation on December 6, 2023, the license holder had not submitted a background study request for the SP. SP17 was hired and began working in a position allowing direct contact with persons served by the program on November 13, 2022. At the time of the licensing review and investigation on December 6, 2023, the license holder had not submitted a background study request for the SP. SP18 was hired and began working in a position allowing direct contact with persons served by the program on January 13, 2023. At the time of the licensing review and investigation on December 6, 2023, the license holder had not submitted a background study request for the SP. SP19 was hired and began working in a position allowing direct contact with persons served by the program on January 13, 2023. At the time of the licensing review and investigation on December 6, 2023, the license holder had not submitted a background study request for the SP. SP20 was hired and began working in a position allowing direct contact with persons served by the program on August 8, 2023. At the time of the licensing review and investigation on December 6, 2023, the license holder had not submitted a background study request for the SP. SP21 was hired and began working in a position allowing direct contact with persons served by the program on October 9, 2023. At the time of the licensing review and investigation on December 6, 2023, the license holder had not submitted a background study request for the SP. SP22 was hired and began working in a position allowing direct contact with persons served by the program on May 8, 2023. At the time of the licensing review and investigation on December 6, 2023, the license holder had not submitted a background study request for the SP. Statute Violated: Minnesota Statutes, section 245C.04, subdivision 1, paragraph (h). Fine: $4,400 (22 violations at $200 per violation) 2. As a result of a licensing review and investigation, a DHS licensor determined that you failed to remove a disqualified individual from direct contact with people served by your program after receiving notice of your obligation to do so from DHS. SP23 was hired and began working in a position allowing direct contact with persons served by the program on May 11, 2020. On July 23, 2020, DHS issued a Notice of Background Study Disqualification Letter that allowed the SP, under conditions relating to action required, to provide direct contact services with continuous, direct supervision pending a possible reconsideration decision. The SP did not complete the request for reconsideration and was therefore disqualified from providing direct contact services, or having access to, people who receive services. At the time of the licensing review and investigation on December 6, 2023, the SP remained in a position that provided access to people who receive services. Statute Violated: Minnesota Statutes, section 245C.18. Fine: $200 (one violation at $200 per violation) 3. As a result of a licensing review and investigation, a DHS licensor determined that you failed to submit a background study request to DHS for SP24 and SP25 who previously had a cleared study that expired. SP24 was hired and began working in a position allowing direct contact with persons served by the program on April 13, 2020. At the time of the licensing review and investigation on December 6, 2023, the license holder had not submitted a background study request to the commissioner using the electronic system known as NetStudy 2.0 before the individual continued in a position allowing direct contact. SP25 was hired and began working in a position allowing direct contact with persons served by the program on May 17, 2020. At the time of the licensing review and investigation on December 6, 2023, the license holder had not submitted a background study request to the commissioner using the electronic system known as NetStudy 2.0 before the individual continued in a position allowing direct contact. Statute Violated: Minnesota Statutes, section 245C.04, subdivision 1, paragraphs (a) and (b). Fine: $400 (two violations at $200 per violation) You must comply with all background study requirements in Minnesota Statutes, chapter 245C. Billing and Payment of the Fine DHS will send you an invoice for the $5,000 fine. Payment must be made as directed on the invoice. If you request a contested case hearing, as described below, do not pay the fine at this time. Following the contested case hearing, the Commissioner of DHS will issue a final order on this matter. Please note, you may not avoid payment of this fine by closing, selling, or otherwise transferring the license to a third party. If this occurs, you are personally responsible for payment. If you do not pay the fine on or before the date specified on the invoice and you did not request a contested case hearing, as described below, the Commissioner may issue a second fine, may not issue or reissue a license, or may suspend the license until the license holder pays the fine. Your Right to Appeal You have the right to appeal the fine. You have already appealed the original Order to Pay a Fine for Background Study Violations dated January 24, 2024, so you do not need to submit a new appeal request. Your case will be scheduled for a contested case hearing in front of an Administrative Law Judge. Following this hearing, the Commisoner of DHS will issue a final order. If the order is affirmed by the Commissioner following a hearing, you will be required to pay the $5000 background study fine. Legal Authority for this Licensing Action · DHS may impose a $200 fine for each background study violation under Minnesota Statutes, section 245A.07, subdivision 3, paragraph (c)(4)(iv). · The exception that allows a license holder who self-corrects a background study violation to avoid a fine does not apply when the license holder was cited for the same violation within the past 365 days, under Minnesota Statutes, section 245A.07, subdivision 3, paragraph (d). · Minnesota Statutes, section 245A.07, subdivision 3, paragraph (c)(5) states that license holders may not avoid payment of a fine by closing, selling, or transferring a license. · Minnesota Statutes, section 245A.04, subdivision 7, paragraph (d)(4), states that DHS shall not issue or reissue a license if the applicant, license holder, or controlling individual has an outstanding debt related to a license fee, licensing fine, or settlement agreement for which payment is delinquent. · Minnesota Statutes, section 245A.07, subdivision 3, paragraph (c)(2), states that that the license holder shall pay the fine assessed on or before the payment date specified, and if the license holder does not do so the commissioner may issue a second fine or suspend the license until the license holder complies. · 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. · NetStudy 2.0 is defined by Minnesota Statutes, section 245C.02, subdivision 13e. 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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