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April 3, 2024 Mohamed Omar, Authorized Agent Hennepin Adult Day Center Inc 1170 15th Avenue Southeast Minneapolis, Minnesota 55414 License Number: 1087686 (Rule 223) NOTICE OF NON-COMPLIANCE AND CORRECTION ORDER Dear Mohamed Omar: On November 7, 2023, as a result of a licensing review, a Correction Order was issued to Hennepin Adult Day Center Inc, located at 1170 15th Avenue Southeast, Minneapolis, Minnesota. You were ordered to take corrective action for violations determined under citations 1 through 10. On March 25, 2024, a follow-up licensing review was conducted to determine that correction action was achieved. For citations 3 and 7, 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 9555.9700, subpart 3. Violation: For three participants whose records were reviewed (P1, P2, and P3), the license holder did not develop a written plan of care as required. The license holder failed to develop a written plan of care for P1, P2, and P3 that included short and long-term objectives stated in concrete, measurable, and time specific outcomes. Repeat Violation: In a Correction Order that DHS issued on May 2, 2022, you were cited for a similar violation. §Corrective Action Ordered: Within 30 days of receiving this order, you must: · develop written plans of care for P1, P2, and P3 that include short and long-term objectives stated in concrete, measurable, and time specific outcomes; · complete an audit of all participants’ written plans of care to ensure the requirements in Minnesota Rules, part 9555.9700, subpart 3 are maintained; and · for participants who do not have a written plan of care that includes all required information, you must develop a plan detailing how your program will maintain a complete written plan of care within 60 days of receiving this order. 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 did not take corrective action as ordered. DHS Response: The license holder failed to develop a written plan of care for P1, P2, and P3 that included§ short and long term objectives for the participant stated in concrete, measurable and time specific outcomes. Corrective Action Ordered: Within 15 days of receiving this order, you must develop written plans of care for P1, P2, and P3 that include short and long-term objectives stated in concrete, measurable, and time specific outcomes. On an ongoing basis, you must maintain compliance as required in this subpart. 7. Citation: Minnesota Rules, part 9555.9710, subparts 1, 3, and 7. Violation: The license holder did not offer services as required. a. The license holder failed to maintain menus for all meals and snacks approved by a registered dietician and met all applicable state rules and laws and United States Department of Agriculture regulations. b. The license holder failed to ensure a physical therapist provided consultation and review of the exercise program at least quarterly. c. The license holder failed to maintain a family and social history for P3 that was updated annually. Corrective Action Ordered: Within 30 days of receiving this order, you must: · ensure your registered dietician approves your menus for all meals and snacks; · have your physical therapist provide consultation and review of your exercise program; and · review P3’s family and social history and maintain documentation of the review in P3’s record. Compliance with this order will be reviewed onsite. On an ongoing basis, you must maintain compliance as required in these subparts. License Holder Response: The license holder ensured their physical therapist provided consultation and review of the exercise program. Additionally, the license holder reviewed P3’s family and social history and maintained documentation of the review in P3’s record. DHS Response: The license holder failed to maintain menus for snacks that were approved by a registered dietician. Corrective Action Ordered: Within 15 days of receiving this order, you must have your menus for snacks approved by your registered dietician. 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: Office of Inspector General Legal Counsel’s Office Attention: Licensing Legal Unit P.O. Box 64953 Saint 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, please contact me at 651-431-4622. Desiree Tiller, Human Services Senior Licensor Licensing Division Office of Inspector General
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