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October 10, 2024
Stuart Lindeman, Authorized Agent Mission Today 302 Knights Run Avenue Suite 900 Tampa, Florida 33602 License Number: 1073846 (Rule 223) CORRECTION ORDER Dear Stuart Lindeman: On September 12, 2024, a licensing review of Mission Today, located at 5430 Boone Avenue, New Hope, 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 Rules, part 9555.9660, subpart 1. Violation: For one of three participants whose record was reviewed (P3), the license holder did not include information in the participant’s written record as required. The license holder failed to include a medical report in P3’s record that included: · indication of dietary restrictions and medication regimen, including the need for medication assistance, that apply to the participant; · a release signed by the physician indicating whether the participant may engage in a structured exercise program; and · documentation that the participant was free of communicable disease or infestations, as specified in parts 4605.7000 to 4605.7090, that would endanger the health of other participants. Repeat Violation: In an Order of Conditional license DHS issued on June 3, 2024, you were previously found in violation of this same rule. Corrective Action Ordered: Within 30 days of receiving this order, you must maintain the information detailed above in P3’s record. On an ongoing basis, you must maintain compliance as required in this subpart. 2. Citation: Minnesota Rules, part 9555.9700, subpart 2. Violation: For one participant whose record was reviewed (P3), the license holder did not complete initial service planning as required. The license holder failed to conduct a needs assessment for P3 that addressed P3’s physical status determined by the medical report received from P3’s physician. The license holder conducted P3’s needs assessment in February 2024; however, the license holder failed to obtain P3’s medical report until May 2024. Repeat Violation: In an Order of Conditional license DHS issued on June 3, 2024, you were previously found in violation of this same rule. Corrective Action Ordered: Within 30 days of receiving this order, you must update P3’s needs assessment to include P3’s physical status based on information received from P3’s medical report. On an ongoing basis, you must maintain compliance as required in this subpart. 3. Citation: Minnesota Rules, part 9555.9700, subpart 3. Violation: For two participants whose records were reviewed (P1 and P2), the license holder did not develop a written plan of care as required. The license holder failed to develop a written plan of care for P1 and P2 within 90 days of P1 and P2’s admission. The license holder maintained written plans of care for P1 and P2 that were not dated; therefore, the date the written plans of care were developed was unable to be determined. Additionally, the license holder failed to develop a written plan of care for P1 that included an update of the preliminary service plan and additional services required by the person. Corrective Action Ordered: Within 30 days of receiving this order, you must update P1’s written plan of care to include the date of an update of the preliminary service plan and additional services required by the person. On an ongoing basis, you must maintain compliance as required in this subpart. 4. Citation: Minnesota Rules, part 9555.9650, item A. Violation: For one of two staff persons (SP1) whose record was reviewed, the license holder did not maintain a personnel file as required. The license holder failed to maintain documentation of an annual performance evaluation in SP1’s personnel record for 2024. The most recent performance evaluation that the license holder maintained in SP1’s personnel record was dated August 2023. Repeat Violation: In an Order of Conditional license DHS issued on June 3, 2024, you were previously found in violation of this same rule. Corrective Action Ordered: Within 30 days of receiving this order, you must complete a performance evaluation for SP1 and maintain documentation of the evaluation in SP1’s personnel record. On an ongoing basis, you must maintain compliance as required in this item. 5. Citation: Minnesota Rules, part 9555.9690, subpart 4. Violation: For two staff persons whose records were reviewed (SP1 and SP2), the license holder did not provide in-service training annually as required. The license holder failed to provide SP1 and SP2 with in-service training annually including a review of parts 9555.9600 to 9555.9730. Repeat Violation: In an Order of Conditional license DHS issued on June 3, 2024, you were previously found in violation of this same rule. Corrective Action Ordered: Within 30 days of receiving this order, you must provide the required in-service training detailed above to SP1 and SP2. On an ongoing basis, you must maintain compliance as required in this subpart. 6. Citation: Minnesota Rules, part 9555.9710, subpart 1. Violation: The license holder did not offer food services as required. a. The license holder failed comply with chapter 4626, Requirements for Food and Beverage Establishments, and with applicable local ordinances. The license holder maintained a food permit that expired January 2019. b. The license holder failed to have the menus for all snacks approved by a registered dietician. Repeat Violation: In an Order of Conditional license DHS issued on June 3, 2024, you were previously found in violation of this same rule. Corrective Action Ordered: Immediately, you must: · comply with chapter 4626, Requirements for Food and Beverage Establishments, and with applicable local ordinances; and · maintain menus for all meals and snacks that are approved by a registered dietitian. On an ongoing basis, you must maintain compliance as required in this subpart. 7. Citation: Minnesota Rules, part 9555.9720, subpart 9. Violation: The license holder did not ensure safety as required. The license holder failed to have a written plan for emergencies that included: · instructions on location and use of fire extinguishers; and · instructions on closing off the fire area. Corrective Action Ordered: Within 30 days of receiving this order, you must develop written plans for emergencies that include the information detailed above. 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
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