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October 21, 2024 CERTIFIED MAIL Gerald Powers, Authorized Agent Pathway House, Inc. 613 2nd St SW Rochester, MN 55902 License Number: 802845 ORDER TO PAY A FINE Dear Gerald: The Department of Human Services (DHS) is ordering you to pay a fine of $200 for a licensing violation at your Substance Use Disorder treatment located at 613 2nd St. SW, Rochester, MN 55902. Details of our findings are provided below. Our next steps and your options are also detailed. REASON FOR FINE 1. Health and Safety Violation As a result of a licensing review conducted on September 16, 17, and 18, 2024, DHS licensors determined that the license holder failed to maintain a complete description of the health care services and nursing services offered. The registered nurse (RN) (SP1) failed to train staff on the procedures for accepting, documenting, and implementing a prescription, whether written, verbal, telephonic, or electronic. Specifically, in September 2024, a staff member (SP2) failed to correctly document a client’s medication change (PS1). Gabapentin was initially prescribed at 900mg daily (three 100mg caps three times a day). Gabapentin was decreased to 600mg daily, date unknown due to improper transcribing. The transcribed order listed Gabapentin 600mg three times a day, for a total of 1800mg. As a result, the failure to correctly document the prescribed order may have significantly impacted the client’s health. Documentation shows that the license holder did not have a policy for acceptance and documentation of a prescription medication. Additionally, through an interview with the RN, it was stated that he/she does not train new employees on medication orders and prescribing. Fine: $200 Corrective Action Required: Immediately and on an ongoing basis, the license holder must ensure policies and procedures include a description of the health care and nursing services offered and that staff are adequately trained in these policies. Within 30 days of receipt of this order, submit an updated health services policy and specific documentation that staff were trained on accepting, documenting, and implementing a prescription. Statute Violated: Minnesota Statutes, section 245G.08, subdivisions 1 and 5, paragraph (c). Billing and Payment of the Fine DHS will send you an invoice for the $200 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, each controlling individual is personally and jointly responsible for payment. If you do not pay the fine on or before the date specified on the invoice and you did not request a contested case hearing, as described below, the Commissioner may issue a second fine, may not issue, or reissue a license, or may suspend the license until the license holder pays the fine. 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 Legal Counsel’s Office Attention: 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 10 calendar days from when you receive this order. Please bring it to: Commissioner, Department of Human Services Office of Inspector General Legal Counsel’s Office Attention: Licensing 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.lawhelpmn.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 health, safety, or supervision licensing violation under Minnesota Statutes, section 245A.07, subdivision 3, paragraph (c)(4)(iv). · DHS may impose a $100 fine for each occurrence of a licensing violation that is not related to health, safety, supervision, or maltreatment under Minnesota Statutes, section 245A.07, subdivision 3, paragraph (c)(4)(v). · 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. · Minnesota Statutes, section 245A.04, subdivision 7, paragraph (d)(4), states that DHS shall not issue or reissue a license if the applicant, license holder, or controlling individual has an outstanding debt related to a license fee, licensing fine, or settlement agreement for which payment is delinquent. · Minnesota Statutes, section 245A.07, subdivision 3, paragraph (c)(2), states that that the license holder shall pay the fine assessed on or before the payment date specified, and if the license holder does not do so the commissioner may issue a second fine or suspend the license until the license holder complies. · 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, you may contact Maura McGarry, Supervisor, at 651-431-6671. Sincerely,
Paula Halverson, Unit Manager Licensing Division Office of Inspector General
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