Minnesota

March 15, 2024

Annie Gendaszek, Authorized Agent

Newport Academy

3990 Hillsboro Pike STE 330

Nashville, TN 37215

License Number: 1108472

Report Number: 202303495

CORRECTION ORDER

Dear Annie Gendaszek:

A licensing investigation of Newport Academy, located at 1726 7th Ave S, Saint Cloud, MN 56301, was conducted to determine compliance with state and federal laws and rules governing the provision of children’s residential facilities under Minnesota Rules, part 2960.0010 through 2960.0120, children's group residential facilities under Minnesota Rules, part 2960.0130 through 2960.0220, chemical dependency services under Minnesota Rules, part 2960.0430 through 2960.0490, residential mental health treatment under Minnesota Rules, part 2960.0580 through 2960.0690, and restrictive techniques standards under Minnesota Rules, part 2960.0710. 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 an applicant or 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 applicant or license holder.

The following violations 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 Rules, parts 2960.0050, subparts 1, item F and 2, and 2960.0080, subpart 11, items A and B.

Violation: The license holder’s operational policies and procedures did not describe how the license holder will provide a resident with timely access to medical services to ensure a resident’s basic right to adequate medical care is protected. The Health & Hygiene policy did not identify when medical services would be provided.

Corrective Action Ordered: Immediately and on an ongoing basis, the license holder must ensure operational polices and procedures are developed to ensure the basic rights of residents are protected. Within 30 days receipt of this order, submit a policy and procedure that describes how the license holder will ensure residents are provided timely access to adequate medical care.

2. Citation: Minnesota Statutes, section 245A.04, subdivision 14 and Minnesota Rules, part 2960.0080, subpart 11, item E.

Violation: The license holder failed to monitor the implementation of procedures identified in the license holder’s Medication Management policy for recording the administration of medications to residents. The policy indicated that a Medication Administration Record (MAR) will document all prescription and non-prescription medications administered to residents. An incident report and nursing shift note dated December 7, 2022, documented that a resident (R1) was administered Tylenol in error, however, it was not recorded as administered on the resident’s medication administration record.

Corrective Action Ordered: Immediately and on an ongoing basis, the license holder must ensure the monitoring of the implementation of policies and procedures meet all applicable requirements.

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.

Submissions required as part of a corrective action ordered must be sent to DHS Licensing at:

1. By secure email to: tina.christensen@state.mn.us; or

2. By mail to:

Commissioner, Department of Human Services

ATTN: Tina Christensen

Licensing Division

PO Box 64242

St. Paul, MN 55164-0242

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 me as soon as possible.

image

Sincerely,

Tina Christensen, MH/SUD/CRF Senior Licensor

Licensing Division

Office of Inspector General

651-431-6610


PO Box 64242 • Saint Paul, Minnesota • 55164-0242 • An Equal Opportunity and Veteran Friendly Employer

https://mn.gov/dhs/general-public/licensing/