Minnesota

October 3, 2024                      

Marshall Smith, Authorized Agent

Commissioner of Department of Human Services

444 Lafayette Road North

Saint Paul, MN 55164

License Number:   801558

Report Number:   202300449

      202302880    

      202304805

CORRECTION ORDER

Dear Marshall Smith:

A Department of Human Services (DHS) licensor conducted a licensing investigation at your facility, Minnesota Security Hospital dba Forensic Mental Health Program, located at 100 Freeman Drive, Saint Peter, MN 56082 This investigation was conducted to determine compliance with state and federal laws and rules governing the provision of secure mental health treatment services under MSH Variance to Minnesota Rules, parts 9520.0500 to 9520.0690 (Rule 36). As a result, DHS is issuing this order which requires you to take the correction action as described under each violation. Details of our findings are provided below. Our next steps and your options are also detailed.

LICENSING VIOLATIONS

DHS determined that your program did not follow licensing rules and statutes, as described below.

Individual File

1. Violation: One individual file was reviewed for requirements governing abuse prevention plans (C1) and did not meet requirements. Individual abuse prevention plans dated November 30, 2023; February 24, 2023; April 5, 2023, April 19, 2023; May 23, 2023; and June 16, 2023; Behavior Plans dated December 16, 2022; March 1, 2023; and April 4, 2023; Support Plans dated February 24, 2023; April 19, 2023; and May 23, 2023; Treatment Plans dated February 21, 2023 and April 17, 2023; and Foreign Body Ingestion Treatment Plan addendum were all reviewed for risk reduction measures related to foreign body ingestion and inhalation. None of the plans reviewed included risk reduction measures to address the individuals access to peers’ belongings within the individual’s environment.

Statute Violated: Minnesota Statutes, section 245A.65, subdivision 2, paragraph (b) and Minnesota Variance, part MSH.0004, subpart 6, items A and B.

Corrective Action Required: Immediately and on an ongoing basis, the license holder must ensure abuse prevention plans meet all applicable requirements.

Written Response Required

If you fail to correct the violation(s) 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.

Submissions required as part of the corrective action ordered must be sent to your licensor by email at ginny.benson@state.mn.us or by mail:

Commissioner, Department of Human Services

ATTN: Ginny Benson

Licensing Division

PO Box 64242

St. Paul, MN 55164-0242

YOUR RIGHT TO REQUEST RECONSIDERATION

You have the right to request reconsideration of this order and the cited violations. Your request must:

· Be in writing

· List each violation you are challenging and identify what is inaccurate or incomplete about the information in the order

· Supply information that is accurate or more complete

· Be made before the deadlines provided below

If you are mailing your request, it must be received by DHS within 20 calendar days from when you received this order. If you do not meet this deadline, you lose your right to request reconsideration. The timeline to appeal began when you received this order. Please send it to:

Office of Inspector General

Legal Counsel’s Office

Attn: Licensing Legal Unit

PO Box 64953

St. Paul, MN 55164-0953

If your request is being personally delivered, it must be received by DHS within 20 calendar days from when you received this order. Please bring it to:

Commissioner, Department of Human Services

Office of Inspector General, Legal Counsel’s Office - Licensing

444 Lafayette Road North

St. Paul, MN 55155

Legal authority

This action is taken under Minnesota Statutes, section 245A.06, subdivision 1. The timeline to request reconsideration of the order is provided in Minnesota Statutes, section 245A.06, subdivision 2.

Questions

If you have any further questions regarding this matter, you may contact me at 651-431-6957 or at ginny.benson@state.mn.us

Sincerely,

Ginny Benson, Senior Licensor

Licensing Division

Office of Inspector General


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

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