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January 21, 2025
Cabdirizaq Samatar, Authorized Agent Brighter Adult Care Inc 3200 Bloomington Avenue Apartment 3 Minneapolis, Minnesota 55407 License Number: 1115807 (Rule 223) CORRECTION ORDER Dear Cabdirizaq Samatar: On December 20, 2024, a licensing review of Brighter Adult Care Inc, located at 1200 2ND Avenue South Floor 2ND, Minneapolis, Minnesota, was conducted to determine compliance with Minnesota Statutes and Rules governing adult day care services under Minnesota Rules, parts 9555.9600 through 9555.9730 (Rule 223). 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 Rules, part 9555.9660, subpart 1. Violation: For three of four participants whose records were reviewed (P1, P3, and P4), the license holder did not include information in the participant’s written record as required. a. The license holder failed to include the following information in P1’ record: · an application form signed by P1 or P1’s caregiver that included the name and telephone number of P1’s physician or medical provider; · a medical report, dated within the three months prior to or 30 days after P1’s admission to the center signed by a physician or signed by a physician assistant or registered nurse and cosigned by a physician, that included: o a report on a physical examination; o a medical history of P1; o indication of dietary restrictions and medication regimen, including the need for medication assistance, that apply to P1; o a release signed by the physician indicating whether P1 may engage in a structured exercise program; and o documentation that P1 was free of communicable disease or infestations as specified in parts 4605.7000 to 4605.7090, that would endanger the health of other participants. b. The license holder failed to include a medical report, dated within the three months prior to or 30 days after P3’s admission to the center. P3’s date of admission was June 11, 2024, and the medical report was dated July 24, 2024. Additionally, the license holder failed to maintain a medical report in P3’s record that included a report on a physical examination. c. The license holder failed to maintain a medical report in P4’s record that included a report on a physical examination. Corrective Action Ordered: Within 30 days of receiving this order, you must maintain all information detailed above in P1, P3, and P4’s records. On an ongoing basis, you must maintain compliance as required in this subpart. 2. Citation: Minnesota Rule, part 9555.9650, item B. Violation: For one consultant whose record was reviewed, the license holder did not maintain a personnel record as required. The license holder failed to maintain a copy of a signed contract or letter of appointment specifying conditions and terms of employment in the registered dietician’s personnel record. Corrective Action Ordered: Within 30 days of receiving this order, you must maintain a copy of a signed contract or letter of appointment with your registered dietician specifying conditions and terms or employment. On an ongoing basis, you must maintain compliance as required in this item. 3. Citation: Minnesota Rules, part 9555.9720, subpart 8. Violation: The license holder did not ensure safety as required. a. The license holder failed to ensure the areas used by participants were free from peeling paint. b. The license holder failed to ensure rugs had nonskid backing. Corrective Action Ordered: Within 30 days of receiving this order, you must: · ensure that areas used by participants are free from peeling paint; and · ensure your rugs have nonskid backing. On an ongoing basis, you must maintain compliance as required in this subpart. 4. Citation: Minnesota Statutes, section 245A.65, subdivision 2, paragraph (a). Violation: The license holder did not establish and enforce their program abuse prevention plan (PAPP) as required. The license holder failed to ensure the license holder’s governing body or the governing body’s delegated representative reviewed the PAPP at least annually. Corrective Action Ordered: Within 30 days of receiving this order, you must review your PAPP using the assessment factors in the plan and any substantiated maltreatment findings that occurred since the last review. On an ongoing basis, you must maintain 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 me as soon as possible. Katie Johnson, HCBS Human Services Licensor Licensing Division Office of Inspector General 651-431-4113
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