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May 7, 2024 Pafoua Vang Xiong, Authorized Agent Asian Adult Day Care 1410 Energy Park Drive Suite 1 Saint Paul, MN 55108 RE: Asian Adult Day Care License No. 1055524 Dear Pafoua Vang Xiong: The Minnesota Department of Human Services (DHS), Division of Licensing, received your request for reconsideration of the citation issued in the Correction Order (Attachment A) issued to you by the Department of Human Services on March 11, 2024. Reconsideration Determination Citation. This citation was issued because the license holder did not offer food services and a structured exercise program as required. The program failed to offer a midmorning snack and failed to ensure that a physical therapist provided consultation and review of the exercise program on at least a quarterly basis in 2023. Applicable Law. License holders are required to offer a midmorning and a midafternoon snack. License holders shall offer a daily structured exercise program for participants whose physicians have authorized their participation. The program shall be developed in consultation with a registered physical therapist. A registered physical therapist shall provide consultation and review of the exercise program, at least quarterly. Minnesota Rules, part 9555.9710, subparts 1 and 4. Your Response. In your reconsideration request, you state that when your participants arrive, they are offered a generous AM snack service until 9:30 AM. With respect to the exercise program, you assert that you partner with Live Your Life and maintain regular quarterly reviews with the physical therapist. Reconsideration Determination. The menu provided to DHS on February 20, 2024, did not include a mid-morning snack. DHS licensors were told that the facility provided breakfast but did not offer a mid- morning snack, which the License Holder acknowledges on reconsideration. With respect to the exercise program, there was a five-month gap between therapist reviews in 2023, showing reviews were not completely quarterly. Although on reconsideration you provided evidence of a physical therapist review on July 6, 2023, this documentation was not provided at the time of the review. The record supports this citation, and it is affirmed. ` Disposition: The Commissioner has reviewed the relevant law and all the information you submitted in response to the correction order. The evidence presented supports the citation, and it is affirmed. This is a final agency decision. Sincerely
Eric G. Olsen, Legal Office Division of Licensing Office of Inspector General
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