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October 29, 2024 Eric Munro, Authorized Agent Eric Jason Melville Munro 1413 44th Avenue South Moorhead, Minnesota 56560 License Number: 1109698 (245D – HCBS) CORRECTION ORDER Dear Eric Munro: On August 6, 2024, a licensing review of Eric Jason Melville Munro, located at 1413 44th Avenue South, Moorhead, 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 245A.65, subdivision 2, paragraph (b). Violation: For one of one person whose record was reviewed (P1), the license holder did not establish an individual abuse prevention plan (IAPP) as required. P1’s services were initiated on June 3, 2022. The license holder failed to develop an IAPP for P1 as part of the initial individual program or service plan. The license holder developed an IAPP for P1 on July 11, 2022. Additionally, P1’s IAPP identified potential risk areas for P1; however, the license holder failed to include statements of specific measures, with specific actions, the program would take to minimize the risk of abuse to P1 within the scope of the licensed service. Corrective Action Ordered: Within 30 days of receiving this order, you must establish and enforce an IAPP for P1 that includes statements of specific measures, with specific actions, your program will take to minimize the risk of abuse to P1 within the scope of the licensed service. On an ongoing basis, you must maintain compliance as required in this subdivision. 2. Citation: Minnesota Statutes, section 245D.04, subdivision 1. Violation: For one person whose record was reviewed (P1), the license holder did not provide the service recipient rights annually as required. 245A.02, subdivision 2b defines “annual” or “annually” to mean prior to or within the same month of the subsequent calendar year. The license holder failed to provide P1 or P1’s legal representative with a written notice that identified the service recipient rights, and an explanation of those rights annually in 2023. Corrective Action Ordered: Within 30 days of receiving this order, you must provide P1 or P1’s legal representative with a written notice that identifies the service recipient rights in subdivisions 2 and 3, and an explanation of those rights. Additionally, you must maintain documentation of P1 or P1’s legal representative's receipt of a copy and an explanation of the rights. On an ongoing basis, you must maintain compliance as required in this subdivision. 3. Citation: Minnesota Statutes, section 245D.071, subdivision 3, paragraphs (c) and (d). Violation: For one person whose record was reviewed (P1), the license holder did not meet initial service planning requirements for intensive support services. P1’s initial planning meeting was held on July 11, 2022; however, the license holder failed to determine the following with P1 and their support team or expanded support team during this meeting: · opportunities to develop and maintain essential and life-enriching skills, abilities, strengths, interests, and preferences; · opportunities for community access, participation, and inclusion in preferred community activities; · opportunities to develop and strengthen personal relationships with other persons of the person's choice in the community; and · opportunities to seek competitive employment and work at competitively paying jobs in the community. Additionally, the license holder failed to have a discussion of how technology might be used to meet P1’s desired outcomes at the initial planning meeting and maintain a summary of this discussion in P1’s support plan addendum that included a statement regarding any decision that was made regarding the use of technology and a description of any further research that needed to be completed before a decision regarding the use of technology could be made. Corrective Action Ordered: P1’s annual service plan review meeting is due to occur in January 2025, at this meeting, you must determine the following: · opportunities to develop and maintain essential and life-enriching skills, abilities, strengths, interests, and preferences; · opportunities for community access, participation, and inclusion in preferred community activities; · opportunities to develop and strengthen personal relationships with other persons of the person's choice in the community; and · opportunities to seek competitive employment and work at competitively paying jobs in the community. Additionally, you must maintain documentation of these determinations in P1’s support plan addendum. On an ongoing basis, you must maintain compliance as required in this subdivision. 4. Citation: Minnesota Statutes, section 245D.071, subdivision 4. Violation: For one person whose record was reviewed (P1), the license holder did not develop service outcomes and supports as required. At a meeting held with P1 and P1’s support team on January 29, 2024, two outcomes were established for P1. The license holder failed to develop a service plan that documented the following supports and methods to be implemented to support P1 and accomplish these outcomes: · the methods or actions that will be used to support the person and to accomplish the service outcomes, including information about: o any changes or modifications to the physical and social environments necessary when the service supports are provided; o any equipment and materials required; and o techniques that are consistent with the person's communication mode and learning style; · the measurable and observable criteria for identifying when the desired outcome has been achieved and how data will be collected; · the projected starting date for implementing the supports and methods and the date by which progress towards accomplishing the outcomes will be reviewed and evaluated; and · the names of the staff or position responsible for implementing the supports and methods. Corrective Action Ordered: Within 30 days of receiving this order, you must develop a service plan that documents the supports and methods required above for each of P1’s outcomes and maintain this documentation in P1’s service recipient record. On an ongoing basis, you must maintain compliance as required in this subdivision. 5. Citation: Minnesota Statutes, section 245D.071, subdivision 5. Violation: For one person whose record was reviewed (P1), the license holder did not meet requirements for service plan review and evaluation. While the license holder did hold an annual service plan review meeting with P1, P1’s legal representative, P1’s case manager, and other members of P1’s support team on January 29, 2024, the license holder failed to: · discuss how technology might be used to meet P1's desired outcomes and include a summary of this discussion in P1’s support plan addendum that included a statement regarding any decision made related to the use of technology and a description of any further research that must be completed before a decision regarding the use of technology could be made; · discuss options for transitioning out of a community setting controlled by a provider and into a setting not controlled by a provider and include a summary of this discussion in P1’s support plan addendum that included a statement about any decision made regarding transitioning out of a provider-controlled setting and a description of any further research or education that must be completed before a decision regarding transitioning out of a provider-controlled setting could be made; and · summarize P1’s status and progress toward achieving their identified outcomes and make recommendations and identify the rationale for changing, continuing, or discontinuing implementation of supports and methods identified in subdivision 4 in a report available at the time of the progress review meeting Corrective Action Ordered: P1’s annual service plan review meeting is due to occur in January 2025, at this meeting, you must: · discuss how technology might be used to meet P1's desired outcomes; · discuss options for transitioning out of a community setting controlled by a provider and into a setting not controlled by a provider; · summarize these discussions according to the requirements above; · maintain documentation of these summaries in P1’s support plan addendum; · summarize P1’s status and progress toward achieving their identified outcomes and make recommendations and identify the rationale for changing, continuing, or discontinuing implementation of supports and methods identified in subdivision 4 in a report available at the time of the progress review meeting; and · maintain this report in P1’s support plan addendum. On an ongoing basis, you must maintain compliance as required in this subdivision. 6. Citation: Minnesota Statutes, section 245D.09, subdivisions 4 and 5. Violation: For one of one staff person whose record was reviewed (SP1), the license holder did not provide orientation and annual training as required. The license holder failed to provide SP1 with orientation and training on the following topics within 60 calendar days of hire and annually thereafter: · 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: Within 30 days of receiving this order, you must provide SP1 with training on the topics required above. Additionally, you must maintain documentation of this training in SP1’s personnel record. On an ongoing basis, you must maintain compliance as required in this subdivision. 7. Citation: Minnesota Statutes, section 245D.095, subdivision 5. Violation: For one staff person whose record was reviewed (SP1), the license holder did not maintain a personnel record as required. The license holder failed to maintain a personnel record for SP1 that documented SP1’s orientation and training that included the date the training was completed, the number of hours per subject area, and the name of the trainer or instructor. Corrective Action Ordered: On an ongoing basis, you must maintain compliance 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 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. Krista Hastings, HCBS Licensor Licensing Division Office of Inspector General 651-431-4825
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