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December 19, 2024 Andre Best, Authorized Agent Best Care LLC 2562 7th Avenue East STE 201 North Saint Paul, Minnesota 55109-3037 License Number: 1102627 (245D – Home and Community-Based Services) CORRECTION ORDER Dear Andre Best: On November 20-21, 2024, a licensing review of Best Care LLC, located at 2562 7th Avenue East STE 201, North Saint Paul, 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 245D.04, subdivision 1. Violation: For one of nine persons whose records were reviewed (P7), the license holder did not maintain documentation of the person's or the person's legal representative's receipt of a copy and an explanation of the service recipient rights as required. Although the license holder provided P7’s legal representative with a copy of the service recipient rights and an explanation of those rights within five working days of service initiation, the license holder failed maintain documentation of the legal representative’s receipt of a copy and an explanation of the rights. Corrective Action Ordered: Within 30 days of receiving this order, you must: • provide P7’s legal representative with a copy of the service recipient rights and explanation of those rights; and • maintain documentation of the receipt of the rights. On an ongoing basis, you must maintain compliance as required in this subdivision. 2. Citation: Minnesota Statutes, section 245D.07, subdivision 2. Violation: For one person whose record was reviewed (P7), the license holder did not meet service planning requirements for basic support services as required. The license holder failed to review and revise as needed P7’s preliminary support plan addendum within 60 calendar days of service initiation to document the services that will be provided including how, when, and by whom services will be provided, and the person responsible for overseeing the delivery and coordination of services. Corrective Action Ordered: On an ongoing basis, you must maintain compliance as required in this subdivision. 3. Citation: Minnesota Statutes, section 245D.095, subdivision 3. Violation: For nine persons whose records were reviewed (P1 through P9), the license holder did not maintain service recipient records as required. The license holder failed to document daily progress or log notes for P1 through P9. Corrective Action Ordered: Within 30 days of receiving this order, you must begin maintaining progress notes in P1 through P9’s service recipient records. On an ongoing basis, you must maintain compliance as required. 4. Citation: Minnesota Statutes, section 245D.09, subdivision 4a. Violation: For one of nine staff persons whose records were reviewed (SP7), the license holder did not provide orientation to individual service recipient needs as required. For SP7, the license holder failed to provide orientation to individual service recipient needs prior to SP7 having unsupervised direct contact with a person served by the program. SP7’s first unsupervised contact with a person served by the program was April 11, 2024; however, the license holder provided SP7 with orientation to individual service recipient needs on May 3, 2024. Corrective Action Ordered: On an ongoing basis, you must maintain compliance as required in this subdivision. 5. Citation: Minnesota Statutes, section 245D.09, subdivision 5. Violation: For three staff persons whose records were reviewed (SP3, SP4 and SP8), the license holder did not provide annual training as required. Minnesota Statutes, section 245A.02, subdivision 2b defines “annual” or “annually” to mean prior to or within the same month of the subsequent calendar year. a. For SP3, the license holder provided SP3 with orientation training on October 4, 2023. The license holder provided SP3 with annual training on November 15, 2024. The license holder failed to provide training on an annual basis. b. For SP4, the license holder failed to provide annual training on 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. c. For SP8, the license holder provided annual training on September 20, 2023. The license holder provided SP8 with annual training on October 19, 2024. The license holder failed to provide training on an annual basis. Corrective Action Ordered: Within 30 days of receiving this order, you must: · provide SP4 with training on person-centered service planning and delivery; and · maintain documentation of this training in SP4’s personnel record. 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 ATTN: Legal Unit Licensing Division PO Box 64953 St. Paul, MN 55164-0242 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. Kate Spenger, Senior Human Services Licensor Licensing Division Office of Inspector General 651-431-5757
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