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NOTICE: This Amended Correction Order supersedes a version dated October 3, 2024, which must be destroyed. The original contained an incorrect statement that the disposition of the investigation report is substantiated. This has been corrected in the amended version to the disposition of the investigation report is inconclusive. The distribution of the Amended Correction Order does not change the timeframe for requesting reconsideration. SECOND NOTICE: This Amended Correction Order supersedes a version dated October 3, 2024, which must be destroyed. As a result of an administrative reconsideration, citations one and two were rescinded in part and affirmed in part. (Reconsideration Determination dated January 9, 2025.) In citation one, it was affirmed that the facility did not train S2 on the Reporting of Maltreatment of Vulnerable Adults Act (VAA) within 72 hours of S2’s employment; the remainder of citation one (e.g., S1’s training, etc.) was rescinded. In citation two, it was affirmed that the facility did not provide orientation to S2 and S3 on the individual service recipient needs as required; the remainder of the citation two (e.g., S1’s training, etc.) was rescinded. Citation three was not part of the reconsideration and remained final and conclusive.
RE: Report No. 202400592 Howry Residential Services Edgewood/Howry Residential Services License No. 1068963/1068953 Dear Jennifer O'Neill: SECOND AMENDED CORRECTION ORDER An investigation of Howry Residential Services Edgewood/Howry Residential Services was completed regarding report number 202400592 which alleged violation of Minnesota Statutes, section 626.557, and Minnesota Statutes, Chapter 245D. This maltreatment allegation concerned emotional abuse. The disposition of the investigation report is inconclusive. Three violations were noted. VIOLATIONS AND CORRECTION ORDERS The following violations of state and (or) federal laws and rules were observed. Corrective action for each violation is required by Minnesota Statutes, section 245A.06, and is hereby ordered by the Commissioner of Human Services. Failure to correct the violations within the prescribed amount of time may result in fines and/or action against your license, as provided for in Minnesota Statutes, sections 245A.06 and 245A.07.
1. Citation: Minnesota Statutes, section 245D.09, subdivision 4. Violation: For two staff persons whose record was 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, according to the requirements in section 245D.04 Corrective Action Ordered: On an ongoing basis, you must provide orientation training as required in this subdivision. 2. Citation: Minnesota Statutes, section 245D.09, subdivision 4a. Violation: For three staff persons whose records were reviewed (S1-S3), the license holder did not provide orientation to the individual service recipient needs as required. Corrective Action Ordered: On an ongoing basis, you must provide orientation training as required in this subdivision. 3. Violation: Minnesota Statutes 245D.04, subdivision 3, paragraph (a), clause (6). Citation: The license holder failed to ensure a person’s protection-related rights included the right to be treated with courtesy and respect. Information was provided that a staff person (S4) called a client derogatory names including “fag” and asked a client to call him/her the “n-word.” Corrective Action Required: Correct immediately and maintain compliance with this licensing requirement on a continuing basis throughout the program. If you believe any of the citations are in error, you may ask the Commissioner of Human Services to reconsider the parts of the correction order that you believe to be in error. If you choose to exercise this right, your request for reconsideration must be in writing and received by the Commissioner within 20 calendar days after receipt of this letter. Your request for reconsideration must be sent to: Commissioner Minnesota Department of Human Services c/o Licensing Division PO Box 64242 St. Paul, MN 55164-0242 You must include any and all information, documentation, or other evidence you have to support your request for reconsideration. Please note that a request for reconsideration does not stay any provisions of the correction order. If you have any questions regarding the investigation, contact me immediately. If you have any questions regarding compliance with this Correction Order or applicable rules, contact your licensor, Nichol Ginther at Nichol.Ginther@state.mn.us or at 651-431-4822. Sincerely,
Lindsay Arth, Investigator Office of Inspector General Licensing Division lindsay.arth@state.mn.us 651-431-6537
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