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May 10, 2024 CERTIFIED MAIL Alexander Lancaster 5435 Eisenhower Lane SE Rochester, MN 55904 License Number 1113388 AFC ORDER OF CONDITIONAL LICENSE Dear Mr. Lancaster: Based on the recommendation from Olmsted County Community Services, the Department of Human Services (DHS) is placing your license to provide adult foster care at 5435 Eisenhower Lane SE, Rochester, MN on conditional status for six months, beginning May 10, 2024. This means you must meet certain conditions to maintain your license, as detailed below. This order is based on your level of noncompliance with adult foster care licensing requirements. Our next steps and your options are also provided below. REASON FOR THE CONDITIONAL LICENSE 1. Commissioner’s evaluation of program In determining whether a licensing action is warranted, DHS evaluated the facts, conditions, and circumstances concerning your program’s operation. This includes consideration of the well-being of persons served in your program, available evaluations from consumers of your program, and information about the qualifications of caregivers working in your program. DHS has determined that it is appropriate to place your license on conditional status based on the violations identified below and the program evaluation. You have been licensed as an adult foster care provider since October 31, 2022. As an adult foster license holder, you are required to provide each resident of your adult foster home use of and free access to common areas in the residence. The current individuals served in your family adult foster home each have limited mobility and require use of a wheelchair. The upper level of your family home, which also includes common living areas, is not accessible the three current residents of your adult foster home. On November 20, 2023, and February 7, 2024, Olmsted County issued correction orders for these violations, however they have not been corrected. Legal Authority: Minnesota Statutes, section 245A.04, subdivision 6. 2. Failure to comply with licensing laws and rules As a result of previous licensing visits, Olmsted County determined that your program failed to comply with the laws and rules for licensed adult foster care. DHS has considered the nature, chronicity, and severity of these violations, which are provided below. Legal Authority: Minnesota Statutes, section 245A.06, subdivision 1. Nature, history and severity of violations New violations determined On November 20, 2023, and February 7, 2024, Olmsted County issued you correction orders, as described below. The following additional violation has not been the subject of a previous correction order. If you appeal this order, the following violation will be reviewed as a part of the appeal. DHS considered these violations as a factor when it determined that a Conditional License is appropriate. 1. In addition to the rule violations cited in the previous correction orders, the lack of use of and free access to common areas on the upper level of your residence is an adult foster care resident rights violation. Statute Violated: Minnesota Statutes, section 245A.11, subdivision 10, paragraph (b), subparagraph (3). Previous licensing actions The following violations summarize the nature of your previous licensing violations. Because these violations are now conclusive, the individual violations are not within the scope of your appeal rights. Please refer to the previously issued correction orders for further details on these violations. If you do not have copies of these orders, contact your Olmsted County licensor for assistance. DHS also considered this history as a factor when it determined that a Conditional License is appropriate. · November 20, 2023, Correction Order, which cited two violations. Violations of concern include: o Persons served did not have access to the living room in the upper level of your home where your family resides, and lack of a dining area with furniture that allows for meals to be shared by all persons living in the home, under Minnesota Rule, part 9555.6205, subparts 2 and 3. [Note: the correction order contained a typographical error for the first citation regarding living room access.] · February 7, 2024, Correction Order, which again cited the above two violations that you had failed to correct. Severity of violations The violations relate to the health and safety of persons served. DHS also considered the severity of these violations when it determined that a Conditional License is appropriate. Due to the serious and chronic nature of these violations, and the conditions in the program, which impact the health, safety, and rights of persons served in your care, your license to provide adult foster care is placed on a conditional status. Conditional License Terms In addition to the licensing rules and statutes for adult foster care, you are required to comply with the following terms: 1. You shall comply with all applicable rules and laws. 2. No variances will be granted during the conditional license period. 3. Within 30 days of this order, you must submit to Olmsted County at least two written bids for the work required to make your home accessible to all individuals served. Each bid must include a detailed description of modifications to be made, the total cost, and a timeline for when the work can be completed. 4. Within 30 days of Olmsted County’s approving a bid, you must submit a signed contract detailing the agreed upon work, and the timelines for commencement and completion, to Olmsted County. 5. Once work commences, you must update Olmsted County in writing every two weeks on the progress in making common areas of your home accessible to all persons served with an expectation that you will achieve compliance within the six-month period of this conditional order. Ongoing Monitoring Your Olmsted County licensor will monitor your compliance with these terms and with all of the adult foster care rules and laws. This may include unannounced visits. If you fail to demonstrate substantial compliance with adult foster care requirements or with the terms of your conditional license that are provided above, DHS may take an additional licensing sanction, including a revocation of your license. YOUR RIGHT TO REQUEST RECONSIDERATION You have the right to request reconsideration of this order and the cited violations. Your request must: · Be in writing · Clearly state that you are requesting reconsideration of the conditional license · List each citation you are challenging and identify what is inaccurate or incomplete about the information in the order · Supply information that is accurate or more complete · State why you believe your license should not be on a conditional status · Be made before the deadlines provided below If you are mailing your request, it must be sent by certified mail and postmarked within 10 calendar days from when you received this order. If you do not meet this deadline, you lose your right to request reconsideration. The timeline to appeal began 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 10 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 Conditional license stayed pending reconsideration If you request reconsideration within the timeframes described above, the terms of the conditional license will not take effect until a decision is issued by DHS. If the conditional license is affirmed on reconsideration, the terms would take effect on the date of the reconsideration decision, and run for six months from that date. You continue to be required to comply with all adult foster care laws and rules. Legal authority for this licensing action · The timeline to request reconsideration of the order is provided in Minnesota Statutes, section 245A.06, subdivision 4. · If a license holder files a timely reconsideration request, the terms of the conditional license are stayed pending a decision by DHS under Minnesota Statutes, section 245A.06, subdivision 4.
Questions If you have any further questions regarding this matter, you may contact Cory Jelinek, Supervisor, at 651-431-3512. Sincerely,
Mary Kelsey, Unit Manager Licensing Division Office of Inspector General cc: Ellen Turner, Olmsted County Community Services
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