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August 12, 2024 CERTIFIED MAIL Patrick Findley, Authorized Agent Comprehensive Services Inc 1210 Concord Street South Saint Paul, Minnesota, 55075 License Number – 1068793 Home and Community Based Services ORDER TO PAY A FINE FOR BACKGROUND STUDY VIOLATIONS Dear Patrick Findley: The Department of Human Services (DHS) is ordering you to pay a fine of $3400 for seventeen background study violations. Details of our findings are provided below. Our next steps and your options are also detailed. Reason for the Fine DHS is issuing this fine order based on your failure to comply with the following background study requirements: Background Study Violation Determined on June 9-10, 2024 As a result of a licensing review, a DHS licensor determined that you failed to request background studies for seventeen staff persons before they began working in positions allowing direct contact with persons served. Specifically, you provided an employee roster for all staff persons providing direct contact services for your program. There was no background study found for SP1 through SP17 on the NETStudy 2.0 roster for your 245D license. SP1 through SP17 did previously have cleared studies under your program’s license number; however, because you failed to import the studies onto the NETStudy 2.0 roster for your license number, those studies were not valid. Statute Violated: Minnesota Statutes, section 245C.04, subdivision 1, paragraph (g). Fine: $3400 Corrective Action Required: At this time, you have corrected the background study violations for SP1 through SP17. However, because you did not self-correct before DHS licensors became aware of the violation, DHS is issuing a fine. On an ongoing basis, you must comply with background study requirements in Minnesota Statutes, chapter 245C. Billing and Payment of the Fine DHS will send you an invoice for the $3400 fine. Payment must be made as directed on the invoice. If you request a contested case hearing, as described below, do not pay the fine at this time. Following the contested case hearing, the Commissioner of DHS will issue a final order on this matter. Please note, you may not avoid payment of this fine by closing, selling, or otherwise transferring the license to a third party. If this occurs, you are personally responsible for payment. Your Right to Appeal You have the right to appeal the fine. Your request must be in writing and clearly state that you are requesting a contested case hearing for this matter. Your request must be made before the deadlines provided below. If you do not meet this deadline, you lose your right to an administrative appeal. The timeline to appeal began when you received this order. If you are mailing your request, it must be sent by certified mail and postmarked within 10 calendar days from when you receive this order. Please send it to: Commissioner, Department of Human Services Office of Inspector General Licensing Division Attention: Legal Unit PO Box 64242 St. Paul, MN 55164-0242 If your request is being personally delivered, it must be received by DHS within 10 calendar days from when you receive this order. Please bring it to: Commissioner, Department of Human Services Office of Inspector General Licensing Division Attention: Legal Unit 444 Lafayette Road North St. Paul, MN 55155 Upon DHS’ receipt of your timely appeal, your case would be scheduled for a contested case hearing in front of an Administrative Law Judge. Following this hearing, the Commissioner of DHS will issue a final order. Legal representation at the contested case hearing You do not need a lawyer to appeal. However, a lawyer can help you with your appeal. The state or county will not get you a lawyer and will not pay for a lawyer. If you cannot afford a lawyer, you may be able to get free legal advice or help with your appeal. To find out if free help is available, contact: Volunteer Lawyers Network at 612-752-6677; Central Minnesota Legal Services at 612-332-8151; Southern Minnesota Legal Services at 651-222-4731; or go to www.justice4mn.org to find a local legal services program that may be able to help you. You can also find information on contested cases from the Office of Administrative Hearings website at https://mn.gov/oah/self-help. Click on Administrative Law Overview, then click on Administrative Law Contested Case Hearing Guide for a list of frequently asked questions. Legal Authority for this Licensing Action · This action is taken under Minnesota Statutes, section 245A.07, subdivision 1, paragraph (a), which describes under which conditions DHS may impose a fine against a license. · DHS may impose a $200 fine for each background study violation under Minnesota Statutes, section 245A.07, subdivision 3, paragraph (c)(4)(iv). · Minnesota Statutes, section 245A.07, subdivision 3, paragraph (c)(5) states that license holders may not avoid payment of a fine by closing, selling, or transferring a license. · License holders have a right to appeal licensing actions and request a contested case hearing, under Minnesota Statutes, chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. Questions If you have any further questions regarding this matter, please contact me at 651-431-6541. Sincerely,
Christala Culhane, HCBS Unit Manager Licensing Division Office of Inspector General
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