Minnesota

August 28, 2024

Leeann Metzmaker, Authorized Agent

New Challenges Adventures Adult Day Care

4670 Slater Road

Eagan, MN 55122

License Number: 1066336 (Rule 223)

CORRECTION ORDER

Dear Leeann Metzmaker:

On July 11, 2024, a licensing review of New Challenges Adventures Adult Day Care, located at 4682 Slater Road, Eagan, Minnesota, was conducted to determine compliance with Minnesota Statutes and Rules governing adult day care services under Minnesota Rules, parts 9555.9600 through 9555.9730 (Rule 223). 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) and Minnesota Rules, part 9555.9700, subpart 3.

Violation: For one of two participants whose record was reviewed (P2), the license holder did not meet the requirements for an individual abuse prevention plan (IAPP).

The license holder failed to review P2’s IAPP quarterly as part of the review of the program plan or service plan. The license holder maintained documentation of one quarterly review on 2/29/24 since P2’s date of service initiation in October 2021.

Corrective Action Ordered: Within 30 days of receiving this order, you must review P2’s IAPP and document the review. Additionally, you must update P2’s IAPPs based on the results of the review. On an ongoing basis, you must maintain compliance as required in this subdivision.

2. Citation: Minnesota Rules, part 9555.9660, subpart 1.

Violation: For one participant whose record was reviewed (P2), the license holder did not include information in the participant’s written record as required.

The license holder failed to include a report on a physical examination for P2 that was updated annually in 2022.

Corrective Action Ordered: On an ongoing basis, you must maintain compliance as required in this subpart.

3. Citation: Minnesota Rules, part 9555.9650, item A.

Violation: For one of two staff persons whose record was reviewed (SP1), the license holder did not maintain a personnel record as required.

The license holder failed to maintain documentation of an annual performance evaluation for SP1 in 2023.

Corrective Action Ordered: On an ongoing basis, you must maintain compliance as required in this item.

4. Citation: Minnesota Rules, part 9555.9710, subpart 3.

Violation: The license holder did not offer services as required.

The license holder failed to ensure a registered nurse provided consultation and review of the health services, at least monthly, from September 2022 until May 2023.

Corrective Action Ordered: On an ongoing basis, you must maintain compliance as required in this subpart.

5. Citation: Minnesota Rules, part 9555.9720, subpart 9.

Violation: The license holder did not ensure safety as required.

The license holder failed to ensure plans for emergencies caused by fire, blizzards, and tornadoes were posted in a visible place in the center.

Corrective Action Ordered: Immediately you must post plans for emergencies caused by fire, blizzards, and tornadoes in a visible place in the center. On an ongoing basis, you must maintain compliance as required in this subpart.

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

Office of Inspector General

Legal Counsel’s Office

Attention: Licensing Legal Unit

PO Box 64953

St. 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 regarding this Correction Order, please contact me as soon as possible.

Katie Johnson, HCBS Human Services Licensor

Licensing Division

Office of Inspector General

651-431-4113


PO Box 64242 • Saint Paul, Minnesota • 55164-0242 • An Equal Opportunity and Veteran Friendly Employer

https://mn.gov/dhs/general-public/licensing/