Minnesota

January 21, 2025

Abdul Gulan, Authorized Agent

Whittier Senior Center Inc

2630 Nicollet Avenue

Minneapolis, Minnesota 55408

License Number: 1093044 (Rule 223)

CORRECTION ORDER

Dear Abdul Gulan:

On December 11, 2024, a licensing review of Whittier Senior Center Inc, located at 2630 Nicollet Avenue, 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 one of two participants whose record was reviewed (P2), the license holder did not include information in the participant’s written record as required.

The license holder failed to include P2’s date of admission in P2’s record.

Repeat Violation: In a Correction Order that DHS issued on May 9, 2022, you were previously found in violation of this same rule.

Corrective Action Ordered: On an ongoing basis, you must maintain compliance as required in this subpart.

2. Citation: Minnesota Rules, part 9555.9700, subpart 2.

Violation: For one participant whose record was reviewed (P2), the license holder did not complete initial service planning as required.

The license holder failed to conduct a needs assessment for P2 within 30 days of P2’s admission. The license holder maintained a needs assessment for P2 that was not dated; therefore, the date the needs assessment was conducted was unable to be determined.

Corrective Action Ordered: On an ongoing basis, you must maintain compliance as required in this subpart.

3. Citation: Minnesota Rules, part 9555.9710, subpart 1.

Violation: The license holder did not offer services as required.

a. The license holder failed to have the menus for all meals and snacks approved by a registered dietician.

b. The license holder failed to maintain a record indicating the menu for all meals served for at least six months.

Repeat Violation: In a Correction Order that DHS issued on May 9, 2022, you were previously found in violation of this same rule.

Corrective Action Ordered: Within 30 days of receiving this order, you must:

· ensure menus for all meals and snacks are approved by a registered dietician; and

· maintain a record indicating the menus for all meals.

On an ongoing basis, you must maintain compliance as required in this subpart.

4. Citation: Minnesota Rules, part 9555.9720, subparts 7, 8, and 9.

Violation: The license holder did not ensure safety as required.

a. The license holder failed to ensure equipment was in good repair, including a nonskid rug that was curling up at the edges.

b. The license holder failed to ensure the areas used by participants were free from debris, peeling paint, and litter, including:

· peeling paint; and

· litter and debris on and around the couch in the area used as private space.

c. The license holder failed to ensure plans for emergencies caused by fire, blizzards, and tornadoes were posted in a visible place in the center.

Corrective Action Ordered: Within 30 days of receiving this order, you must:

· ensure equipment is in good repair including the nonskid rugs;

· ensure that areas used by participants are free from debris, peeling paint, and litter; and

· ensure plans for emergencies caused by fire, blizzards, and tornadoes are posted in a visible place in the center.

On an ongoing basis, you must maintain compliance as required in these subparts.

5. 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. The license holder most recently documented a review of the PAPP in November 2021.

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


PO Box 64242 • Saint Paul, Minnesota • 55164-0242 • An Equal Opportunity and Veteran Friendly Employer

https://mn.gov/dhs/general-public/licensing/