|
September 26, 2024 Kari L Patton, Authorized Agent Kari L Patton 2408 Field Court Saint Cloud, Minnesota 56301-4994 License Number: 1102661 (245D – Home and Community-Based Services) CORRECTION ORDER Dear Kari L Patton: On July 29, 2024, a licensing review of Kari L Patton, located at 2408 Field Court, Saint Cloud, 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 245D.04, subdivision 3. Violation: For two of three persons whose records were reviewed (P2 and P3), the license holder did not meet the requirements for service recipient rights as required. The license holder failed to provide P2 and P3 and his/her legal representatives with copies of service recipient rights that included the right to access to the person’s personal possessions at any time, including financial resources. Corrective Action Ordered: Within 30 days of receipt of this order, you must provide P2 and P3 and P2 and P3’s legal representatives with a written notice that identifies the service recipient rights, including the above-mentioned right. On an ongoing basis, you must maintain compliance as required in this subdivision. 2. Citation: Minnesota Statutes, section 245D.04, subdivision 3, paragraph (c). Violation: For one person whose record was reviewed (P1), the license holder did not meet the requirements for rights restrictions as required. The license holder failed to document P1’s rights restriction in P1’s support plan addendum. Additionally, the license holder failed to document the objective measures set as conditions for ending the restriction. P1 has discharged from the program. Corrective Action Ordered: On an ongoing basis, you must maintain compliance as required in this subdivision. 3. Citation: Minnesota Statutes, section 245D.05, subdivision 2, paragraph (c). Violation: For two persons whose records were reviewed (P2 and P3), the license holder did not meet the requirements for health needs as required. The license holder failed to ensure the following information was documented in P2 and P3’s medication administration record: · information on any risks or other side effects that are reasonable to expect, and any contraindications to its use; · this information (risks, side effects, and contraindications) was readily available to all staff administering the medication; · the possible consequences if the medication or treatment is not taken or administered as directed; · instruction on when and to whom to report the following: o if a dose of medication is not administered or treatment is not performed as prescribed, whether by error by the staff or the person or by refusal by the person; and o the occurrence of possible adverse reactions to the medication or treatment; · notation of any occurrence of a dose of medication not being administered or treatment not performed as prescribed, whether by error by the staff or the person or by refusal by the person, or of adverse reactions, and when and to whom the report was made. Corrective Action Ordered: Within 30 days of receipt of this order, you must document the above-mentioned information in P2 and P3’s medication administration record. On an ongoing basis, you must maintain compliance as required in this subdivision. 4. Citation: Minnesota Statutes, section 245D.051, subdivision 1, paragraph (b). Violation: For one person whose record was reviewed (P3), the license holder did not document conditions for psychotropic medication administration as required. The license holder failed to develop, implement and maintain a description of target symptoms that the psychotropic medication is to alleviate. Corrective Action Ordered: Within 30 days of receipt of this order, you must document the above-mentioned information in P3’s record. On an ongoing basis, you must maintain compliance as required in this subdivision.
5. Citation: Minnesota Statutes, section 245D.06, subdivision 4. Violation: For one person whose record was reviewed (P3), the license holder did not meet the requirements for safeguarding and handling a person’s funds and property. The license holder failed to survey, document, and implement P3’s legal representative, and case manager’s preference for receiving a statement that itemized receipts and disbursements of funds or other property. Corrective Action Ordered: Within 30 days of receipt of this order, you must discuss with P3’s legal representative and case manager their preference for receiving itemized receipts and disbursements of funds or other property. You must document these preferences in P3’s service recipient record. On an ongoing basis, you must maintain compliance as required in this subdivision. 6. Citation: Minnesota Statutes, section 245D.071, subdivision 3, paragraph (d). Violation: For two persons whose records were reviewed (P2 and P3), the license holder did not meet the requirements of service planning for intensive support services as required. The license holder failed to include a discussion of how technology might be used to meet P2 and P3’s desired outcomes in the initial planning meeting: · the support plan addendum must include a summary of this discussion; · the summary must include a statement regarding any decision that is made regarding the use of technology and a description of further research that need to be completed before a decision regarding the use of technology can be made. Corrective Action Ordered: On an ongoing basis, you must maintain compliance as required in this subdivision. 7. Citation: Minnesota Statutes, section 245D.095, subdivision 3, paragraph (b), clause 11. Violation: For two persons whose records were reviewed (P2 and P3), the license holder did not maintain service recipient records as required. The license holder failed to maintain progress or daily log notes for P2 and P3. Corrective Action Ordered: On an ongoing basis, you must maintain compliance as required in this subdivision. 8. Citation: Minnesota Statutes, section 245A.65, subdivision 3. Violation: For two of three staff persons whose records were reviewed (SP2 and SP3), the license holder did not ensure that each mandated reported completed annual training on the requirements of this section, the license holder’s program abuse prevention plan, and all internal policies and procedures related to the prevention and reporting of maltreatment of individuals receiving services. The license holder failed to provide SP2 and SP3 with annual training on: · vulnerable adult maltreatment reporting; and · the license holder’s program abuse prevention plan. Corrective Action Ordered: Within 30 days of receipt of this order, you must: · provide SP2 and SP3 with the above-mentioned training topics; and · maintain documentation of this training in SP2 and SP3’s personnel training record. On an ongoing basis, you must maintain compliance as required in this subdivision. 9. Citation: Minnesota Statutes, section 245D.09, subdivision 4. Violation: For two staff persons whose records were reviewed (SP2 and SP3), the license holder did not provide orientation to program requirements within 60 days of hire as required. The license holder did not provide and ensure completion of orientation training for SP2 and SP3 in the following areas: · the job description and how to complete specific job functions, including; o responding to and reporting incidents as required under section 245D.06, subdivision 1; and o following safety practices established by the license holder and as required in section 245D.06, subdivision 2. · the license holder’s current policies and procedures required under this chapter, including their location and access, and staff responsibilities related to implementation of those policies and procedures, including: o grievance and complaint procedures; o temporary service suspension o service termination; o prohibition of drug and alcohol use; o emergency use of manual restraint; o use of universal precautions and sanitary practices; o safe medication assistance and administration; o safe transportation; o service admission; o emergency response, reporting and review; and o incident response, reporting, and review. · data privacy requirements according to sections 13.01 to 13.10 and 13.46, the federal Health Insurance Portability and Accountability Ace of 1996 (HIPPA), and staff responsibilities related to complying with data privacy practices; · the service recipient rights and staff responsibilities related to ensuring the exercise and protection of those rights according to the requirements in section 245D.04; · the principles of person-centered service planning and delivery as identified in section 245D.07, subdivision 1a, and how they apply to direct support service provided by the staff person; · the safe and correct use of manual restraint on an emergency basis according to the requirements in section 245D.061 or successor provisions, and what constitutes the use of restraints, time out, and seclusion, including chemical restraint; · staff responsibilities related to prohibited procedures under section 245D.06, subdivision 5, or successor provisions, why such procedures are not effective for reducing or eliminating symptoms or undesired behavior, and why such procedures are not safe; 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 maintain compliance as required in this subdivision. 10. Citation: Minnesota Statutes, section 245D.09, subdivision 4a. Violation: For three staff persons whose records were reviewed (SP1, SP2, and SP3), the license holder did not provide orientation to individual service recipient needs training as required. a. The license holder failed to provide SP1 - SP3 with the following training before having unsupervised direct contact with a person served by the program: · review and instruction on the person’s support plan or support plan addendum as it relates to the responsibilities assigned to the license holder; · review and instruction on the person’s individual abuse prevention plan, to achieve and demonstrate an understanding of the person as a unique individual, and how to implement those plans. b. The license holder failed to provide SP1 - SP3 with medication administration training prior to administering medication to persons served by the program. The training must include: · review and instruction on medication administration procedures established for the person; and · medication administration training from a training curriculum developed by a registered nurse or appropriate health professional that incorporated an observed skill assessment conducted by the trainer to ensure unlicensed staff demonstrated the ability to safely and correctly follow medication procedures. Corrective Action Ordered: Within 30 days of receipt of this order, you must: · provide SP1, SP2 and SP3 orientation to the persons’ support plan or support plan addendum; · provide SP1, SP2 and SP3 with the persons’ individual abuse prevention plan; · provide SP1, SP2 and SP3 with a medication administration training that meets the above-mentioned criteria; and · maintain documentation of these trainings in SP1, SP2 and SP3’s personnel records. On an ongoing basis, you must maintain compliance, throughout your program, as required in this subdivision. 11. Citation: Minnesota Statutes, section 245D.09, subdivision 5. Violation: For two staff persons whose records were reviewed (SP2 and SP3), the license holder did not provide annual training to direct support staff as required. The license holder failed to provide SP2 and SP3 with the following training on an annual basis: · data privacy requirements according to sections 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 practices; · the service recipient rights and staff responsibilities related to ensuring the exercise and protection of those rights according to the requirements in section 245D.04. Corrective Action Ordered: Within 30 days of receipt of this order, you must: · provide SP2 and SP3 with the above-mentioned training topics; and · maintain documentation of this training in SP2 and SP3’s personnel records. On an ongoing basis, you must maintain compliance, throughout your program, as required in this subdivision. 12. Citation: Minnesota Statutes, section 245D.095, subdivision 5, paragraph (a). Violation: For two staff persons whose records were reviewed (SP2 and SP3), the license holder failed to maintain personnel records as required. The license holder failed to maintain the date of hire for SP2 and SP3 in their personnel records. Corrective Action Ordered: On an ongoing basis, you must maintain compliance as required in this subdivision. 13. Citation: Minnesota Rules, 9544.0030, subpart 1. Violation: For two persons whose records were reviewed (P1 and P2), the license holder did not meet the requirements of positive support strategies as required. For P1 and P2, the license holder failed to: · evaluate the positive support strategies with P1 and P2 every six months; and · based upon the results of the evaluation, determine whether changes are needed in the positive support strategies used, and, if so, make appropriate changes. Corrective Action Ordered: Within 30 days of receipt of this order, you must complete the above-mentioned evaluation for P1 and P2. You must document the date you completed the evaluation in P1 and P2s records. On an ongoing basis, you must maintain compliance, throughout your program, 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. Kate Spenger, Human Services Licensor Licensing Division Office of Inspector General 651-431-5757
|
