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April 3, 2024 Abdisalan Sahal, Authorized Agent Sahal Care Solutions LLC 1058 Double Eagle Avenue SE Rochester, Minnesota 55904 License Number: 1110847 (Rule 223) NOTICE OF NON-COMPLIANCE AND CORRECTION ORDER Dear Abdisalan Sahal: On August 29, 2023, as a result of a licensing review, a Correction Order was issued to Sahal Care Solutions LLC, located at 310 14th Street SE, Rochester, Minnesota. You were ordered to take corrective action for violations determined under citations 1-10. On February 29, 2024, a follow-up review was conducted to determine that corrective action was achieved. For citations 3 and 4, it was determined that corrective action has not been achieved. As a result, this Notice of Noncompliance and 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. 3. Citation: Minnesota Rules, part 9555.9660, subpart 1.
a. The license holder failed to include the following information in P1’s record: · an application form that included: o P1’s date of admission, source of referral; and o the name and telephone number of P1’s physician or medical provider; · a medical report, dated within the three months prior to or 30 days after P1’s admission to the center signed by a physician or signed by a physician assistant or registered nurse and cosigned by a physician, that included: o a report on a physical examination; o a medical history of the participant; o indication of dietary restrictions and medication regimen, including the need for medication assistance, that apply to the participant; o a release signed by the physician indicating whether the participant may engage in a structured exercise program; and o documentation that the participant was free of communicable disease or infestations, as specified in parts 4605.7000 to 4605.7090, that would endanger the health of other participants; and · participation reports and progress notes that are recorded at least monthly; · notes on special problems, medication changes, and need for medication assistance. b. The license holder failed to include the following information in P2’s record: · an application form that included: o P2’s date of admission; and o the name and telephone number of the person to call in case of emergency involving P2 and name and number of another person to call if that person cannot be reached; · a medical report, dated within the three months prior to or 30 days after P2’s admission to the center signed by a physician or signed by a physician assistant or registered nurse and cosigned by a physician, that included: o a report on a physical examination; o a medical history of the participant; o indication of dietary restrictions and medication regimen, including the need for medication assistance, that apply to the participant; o a release signed by the physician indicating whether the participant may engage in a structured exercise program; and o documentation that the participant was free of communicable disease or infestations, as specified in parts 4605.7000 to 4605.7090, that would endanger the health of other participants; and · participation reports and progress notes that are recorded at least monthly; · notes on special problems, medication changes, and need for medication assistance. Corrective Action Ordered: Within 30 days of receiving this order, you must maintain all information detailed above in P1 and P2’s participant record. Compliance with this order will be reviewed on site. On an ongoing basis, you must maintain compliance as required in this part. License Holder Response: The license holder maintained the following information in P1’s record: · an application form as required; · a medical report that included: o indication of dietary restrictions and medication regimen, including the need for medication assistance, that apply to the participant; and o a release signed by the physician indicating whether the participant may engage in a structured exercise program; · participation reports and progress notes that are recorded at least monthly; and · notes on special problems, medication changes, and need for medication assistance. Additionally, the license holder updated P2’s written record as ordered. DHS Response: The license holder failed to maintain a medical report in P1’s record that included: · a report on a physical examination; · a medical history of the participant; and · documentation that the participant was free of communicable disease or infestations, as specified in parts 4605.7000 to 4605.7090, that would endanger the health of other participants. Corrective Action Ordered: Within 15 days of receiving this order, you must maintain a medical report in P1’s record that includes all information detailed above. On an ongoing basis, you must maintain compliance as required in this subpart. 4. Citation: Minnesota Rules, part 9555.9700, subpart 2. Violation: For two participants whose record were reviewed (P1 and P2), the license holder did not complete initial service planning as required. a. Although the license holder maintained a needs assessment in P1’s record, the license holder failed to document the date the needs assessment was conducted; therefore, it could not be determined if P1’s needs assessment was conducted within 30 days of P1’s admission to the center. Additionally, the license holder failed to: · conduct a needs assessment for P1 that addressed P1’s physical status, determined by observation, from the intake screening interview, and from the medical report received from P1’s physician; and · develop a preliminary service plan for P1 within 30 days of P1’s admission to the center. b. The license holder failed to: · conduct a needs assessment for P2 that addressed P2’s physical status, determined by observation, from the intake screening interview, and from the medical report received from P2’s physician; and · develop a preliminary service plan for P2 within 30 days of P2’s admission to the center that included the scheduled days of P2’s attendance to the center. Corrective Action Ordered: Within 30 days of receiving this order, you must: · update P1 and P2’s needs assessments to include the participant’s physical status based on information received from the participant’s medical report; and · update P2’s preliminary service plan to include P2’s scheduled days of attendance to the center. Compliance with this order will be reviewed on site. On an ongoing basis, you must maintain compliance as required in this subpart. License Holder Response: The license holder updated P2’s needs assessment and preliminary service plan as ordered. DHS Response: The license holder failed to update P1’s needs assessment to include P1’s physical status based on information received from P1’s medical report. Corrective Action Ordered: Within 15 days of receiving this order, you must update P1’s needs assessment to include P1’s physical status based on information received from P1’s medical report. 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 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. Desiree Tiller, Senior Human Services Licensor Licensing Division Office of Inspector General 651-431-4622
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