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November 14, 2024 Aaron Fisk, Authorized Agent Catholic Charities In Home Program 911 Eighteenth Street North Saint Cloud, Minnesota 56303-1203 License Number: 1070417 (245D – HCBS) CRS License Number: 1070419 Investigation Report Number: 202402662 CORRECTION ORDER Dear Aaron Fisk: On October 1, 2024, a licensing investigation of Catholic Charities In-Home Program, located at 101 Tenth Avenue North, Cold Spring, 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 investigation. 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 three of three persons whose records were reviewed (P1, P2 and P3), the license holder did not ensure the protection and exercise of the person’s rights when the person resides in a residential site licensed according to chapter 245A as required. The license holder failed to ensure the exercise and protection of P1-P3’s rights to receive services in a clean and safe environment when the license holder is the owner, lessor, or tenant of the service site. During a site visit on October 1, 2024, DHS licensors observed the following at P1-P3’s place of residence (CRS# 1070419): · screens protruding from the home; · debris, including incontinent briefs, along the outside of the home; · fecal matter on the wall in two of the bedrooms; · light fixture unsecure and hanging from the wall; · fecal matter smeared on the floor in one of the bedrooms; · water damage on the sheet rock in the bathroom; · standing water on the floor of one of the bathrooms; · prescription medications laying on the stairs; · mold and mildew on the ceiling in the lower level of the home; · standing water on the floor in the lower level of the home; · ceiling tiles missing from the ceiling; and · water leaking through the ceiling Corrective Action Ordered: Within 30 days of receiving this order, you must: · ensure that P1-P3’s services are provided in an environment that is clean, safe and free from hazards that threaten the person’s health and safety; · submit a plan detailing how you will ensure the protection and exercise of service recipients rights for all persons receiving services to receive services in a safe and clean environment and is free from hazards that threaten the person’s health or safety when the license holder is the owner, lessor, or tenant of the service site. On an ongoing basis, you must maintain compliance as required in this subdivision. 2. Citation: Minnesota Statutes, section 245D.06, subdivision 5. Violation: For one person whose record was reviewed (P1), the license holder did not meet the requirements for protection standards as required. “Seclusion” means: (1) removing a person involuntarily to a room from which exit is prohibited by a staff person or a mechanism such as a lock, a device, or an object positioned to hold the door closed or otherwise prevent the person from leaving the room; or (2) otherwise involuntarily removing or separating a person from an area, activity, situation, or social contact with others and blocking or preventing the person's return. During an unannounced visit on March 19, 2024, a licensor observed a staff person lock P1 in P1’s bedroom so the staff person could get tasks done. The license holder failed to protect P1 from prohibited procedures as a substitute for adequate staffing, for behavioral or therapeutic program to reduce to eliminate behavior, as punishment, or for staff convenience. Corrective Action Ordered: Immediately, upon receipt of this order, you must discontinue the use of any prohibited procedures. On an ongoing basis, you must maintain compliance as required in this subdivision. 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 Amber Nielsen at amber.n.nielsen@state.mn.us or 651-431-3661 as soon as possible. Amber Nielsen, Human Services Licensor Licensing Division Office of Inspector General
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