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January 9, 2025 Jennifer O’Neill, Authorized Agent 1150 Centre Pointe Curve Mendota Heights, MN 55120 Report No. 202400592 Howry Residential Services Edgewood/Howry Residential Services License Number: 1068963/1068953 Dear Jennifer O’Neill: The Minnesota Department of Human Services (DHS), Division of Licensing, received your request for reconsideration of 2 of 3 citations in the Amended Correction Order (Attachment A) issued to you on October 3, 2024. After an independent review of the record, the Commissioner has determined that Citations 1 and 2 are rescinded in part and affirmed in part, as described below. The record supports Citation 3, and it is affirmed. Reconsideration Determination Citation 1 For two staff persons whose records were reviewed (S1 and S2), the license holder did not provide orientation training as required on the service recipient rights and staff responsibilities related to ensuring the exercise and protection of those rights or on the training required regarding governing maltreatment reporting for vulnerable adults and staff responsibilities related to protecting persons from maltreatment and reporting maltreatment (“VA maltreatment training”). Applicable Law Within 60 calendar days of hire, the license holder must provide and ensure completion of orientation sufficient to create staff competency for direct support staff that that combines supervised on-the-job training with review of and instruction in certain areas, which include: · The service recipient rights and staff responsibilities related to ensuring the exercise and protection of those rights according to the requirements in section 245D.04; and · The statutes governing maltreatment reporting and service planning for vulnerable adults, and staff responsibilities related to protecting persons from maltreatment and reporting maltreatment. This orientation must be provided within 72 hours of first providing direct contact services and annually thereafter. Minnesota Statutes, section 245.09, subdivision 4, clauses (4) and (5). Your Response You contend that S1 and S2 completed these orientation trainings, and you submitted records on reconsideration that you say show the trainings were completed. Reconsideration Determination The records you submitted show that S1 and S2 completed orientation training on service recipient rights. Regarding VA maltreatment training, the documentation you submitted on reconsideration shows S1 was trained within 72 hours, but that S2 was not. The records show that on May 4, 2022, S1 received VA maltreatment training, as required. The records, however, do not show that S2 received this training within 72 hours of first providing direct contact services. S2 received some training on April 10, 2023, but did not receive VA maltreatment training until February 12, 2024, which was more than 72 hours of when S2 was employed. For the above reasons, Citation 1 is rescinded in part and affirmed in part. Citation 2 For three staff persons whose records were reviewed (S1-S3), the license holder did not provide orientation training to the individual service recipient needs, as required. Applicable Law Before having unsupervised direct contact with a person served by the program, staff must receive orientation to individual service recipient needs. Minnesota Statutes, section 245D.09, subdivision 4a, paragraph (a). Your Response You contend that S1, S2, and S3 completed these orientation trainings, and you submitted records on reconsideration to support your contention. Reconsideration Determination The records you submitted show S1 received orientation training to the individual service recipient needs, as required, but that S2 and S3 did not receive such training. On May 5, 2024, S1 received training as to the individual service recipient needs of four people. There is no evidence, however, that S2 or S3 received such orientation trainings. For the above reasons, Citation 2 is rescinded in part and affirmed in part. Disposition The Commissioner has reviewed the relevant laws and all of the information you submitted in response to the Correction Order. Citations 1 and 2 are rescinded in part and affirmed in part, as described above. The record supports Citation 3, and it is affirmed. DHS will issue an Amended Correction Order rescinding Citations 1 and 2 in part, and affirming Citations 1 and 2, in part. This is a final agency decision. Sincerely,
Kofi Montzka, Attorney Legal Counsel’s Office Office of Inspector General
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