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August 5, 2024 Abdifatah Soyan, Authorized Agent Bette Home Health Care Inc. 1433 E Franklin Ave STE 7E Minneapolis, MN 55404-2197 License Number: 1081943 (245D – Home and Community-Based Services) CORRECTION ORDER Dear Abdifatah Soyan: On June 25, 2024, a licensing review of Better Home Health Care Inc., located at 1433 East Franklin Avenue, STE 7E, Minneapolis, Minnesota, was conducted to determine compliance with state and federal laws and rules governing the provision of home and community-based services to persons with disabilities and age 65 and older under Minnesota Statutes, Chapter 245D. As a result of this licensing review 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 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. 1. Citation: Minnesota Statutes, section 245A.65, subdivision 2, paragraph (b), clause (1). Violation: For one of five persons whose record were reviewed (P1), the license holder did not meet the requirements for an individual abuse prevention plan (IAPP) as required. P1 received individualized home supports with family training and night supervision services from the license holder. The license holder failed to include the measures the program would take to minimize the risk of abuse within the scope of each service P1 received in P1’s IAPP. Corrective Action Ordered: Within 30 days of receiving this order, you must review and update P1’s IAPP to include the above-mentioned information. On an ongoing basis, you must maintain compliance as required in this subdivision. 2. Citation: Minnesota Statutes, section 245D.05, subdivision 1, paragraph (a). Violation: For three persons whose record were reviewed (P2, P4, and P5), the license holder did not meet the requirements for health needs as required. a. P2 received individualized home supports with family training services from the license holder. P2’s support plan completed by the case manager stated that individualized home supports with family training staff were assigned the responsibility for administering P2’s medications. The license holder’s documents stated that the license holder only provided medication reminders for P2. The license holder failed to meet P2’s health needs as assigned in P2’s support plan. b. P4 received respite care services. P4’s support plan addendum and IAPP dated March 15, 2024, documented that P4 needed reminders to take their medication. The license holder failed to document how medication reminders were to be provided to P4. c. P5 received individuals home supports without training and night supervision services. P5’s support plan addendum and IAPP dated February 4, 2024, documented that P5 needed reminders to take their medication. The license holder failed to document how medication reminders were to be provided to P5. Corrective Action Ordered: Within 30 days of receiving this order, you must: · discuss with P2’s case manager and team about the health needs responsibilities assigned to the license holder and determine if the license holder is responsible to administer P2’s medications; · begin administering medications to P2’s medications if it is determined that the license holder is responsible to meet that health need; and · maintain documentation of this discuss in P2’s service recipient record; and · document how P4 and P5’s medications reminders will be provided. On an ongoing basis, you must maintain compliance as required. 3. Citation: Minnesota Statutes, section 245D.07, subdivision 1. Violation: For one person whose record was reviewed (P1), the license holder did not provide services according to the requirements of the federal waiver plans. The license holder provided individualized home supports with family training to P1. The license holder stated that P1’s parent was the staff person who provided this service to P1. According to the community - based services manual (CBSM) a relative cannot be paid to provide individualized home supports to the person receiving the service. Corrective Action Ordered: Immediately upon receiving this order, you must comply with the requirements of the federal waiver plan for P1. You must contact P1’s case manager regarding the services provided to P1. On an ongoing basis, you must maintain compliance as required. 4. Citation: Minnesota Statutes, section 245D.09, subdivision 5. Violation: For two of three staff persons whose record was reviewed (SP2 and SP3), the license holder did not provide annual training as required. 245A.02, subdivision 2b defines “annual” or “annually” to mean prior to or within the same month of the subsequent calendar year. The license holder failed to provide the following trainings to SP2 and SP3 on an annual basis. The license holder provided SP2 with the trainings in February 2023 and in May 2024. SP3 did not receive any of the trainings in 2023: · data privacy requirements according to Minnesota Statutes, section 13.01 to 13.10 and 13.46, the federal Health Insurance Portability and Accountability Act of 1996 (HIPPA), and staff responsibilities related to complying with data privacy requirements; · the service recipient rights, and staff responsibilities related to ensuring the exercise and protection of those rights according to the requirements in Minnesota Statutes, section245D.04; · sections 245A.65, 245A.66 and 626.557 and chapter 260E, governing the maltreatment reporting and service planning for children and vulnerable adults, and staff responsibilities related to protecting persons from maltreatment and reporting maltreatment; · the principles of person-centered service planning and delivery as identified in Minnesota Statutes, section 245D.07, subdivision 1a, and how they applied to direct support service provided by the staff person; · the safe and correct use of manual restraints on an emergency basis according to the requirements in section 245D.061, and what constitutes the use of restraints, time out, and seclusion including chemical restraint; · staff responsibilities related to the prohibited procedures under section 245D.06, subdivision 5, why such procedures are not effective for reducing or eliminating symptoms or undesired behavior, and why such procedures are not safe; · basic first aid; and · strategies to minimize the risk of sexual violence, including concepts of healthy relationships, consent, and bodily autonomy of people with disabilities.
Corrective Action Ordered: On an ongoing basis, you must provide annual training as required in this subdivision. 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 ATTN: Legal Unit Licensing Division PO Box 64953 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. Renae Dressel, Senior Human Services Licensor Licensing Division Office of Inspector General 651-431-2661
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