|
January 27, 2025 Vong Lor, Authorized Agent Care Planners Home Health Care, LLC 346 Larpenteur Avenue West Saint Paul, Minnesota, 55113-6712 License Number: 1096376 (245D – HCBS) CORRECTION ORDER Dear Vong Lor: On November 12, 2024, a licensing review of Care Planners Home Health Care, LLC, located at 346 Larpenteur Avenue West, 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 245A.65, subdivision 1, paragraph (c). Violation: For one of two persons whose records were reviewed (P1), the license holder did not provide an orientation to the internal and external reporting procedures related to suspected or alleged maltreatment as required. The license holder failed to provide P1 with an orientation to the internal and external reporting procedures related to suspected or alleged maltreatment within 24 hours of admission. The license holder initiated individualized home support services for P1 on August 15, 2024; however, the license holder failed to provide P1 the required orientation until September 24, 2024. Corrective Action Ordered: On an ongoing basis, you must maintain compliance as required in this subdivision. 2. Citation: Minnesota Statutes, section 245A.65, subdivision 2. Violation: For one person whose record was reviewed (P1), the license holder did not develop an individual abuse prevention plan (IAPP) as required. The license holder failed to develop an IAPP for P1 that included specific measures to minimize the risk of financial abuse to P1 when P1 was assessed to be susceptible to financial abuse. Corrective Action Ordered: Within 30 days of receiving this order, you must revise P1’s IAPP to include a statement of measures that will be taken to minimize the risk of abuse for P1 when the individual assessment indicates the need. On an ongoing basis, you must maintain compliance as required in this subdivision. 3. Citation: Minnesota Statutes, section 245D.04, subdivision 1, paragraph (1). Violation: For one person whose record was reviewed (P1), the license holder did not provide written notice of the service recipient rights as required. The license holder failed to provide P1 with a written notice that identified the service recipient rights and an explanation of those rights within 5 working days of service initiation. The license holder initiated individualized home support services for P1 on August 15, 2024; however, the license holder failed to provide P1 with the required written notice until September 24, 2024. Additionally, the license holder failed to provide P1 a written notice that identified the following protection related rights: · be free from restraint, time out, seclusion, restrictive intervention, or other prohibited procedure identified in section 245D.06, subdivision 5, or successor provisions, except for (i) except for emergency use of manual restraint to protect the person from imminent danger to self or others according to the requirements in section 245D.061 or successor provisions; or (ii) the use of safety interventions as part of a positive support transition plan under section 245D.06, subdivision 8, or successor provisions; · reasonable observance of cultural and ethnic practice and religion; · be free from bias and harassment regarding race, gender, age, disability, spirituality, and sexual orientation; · give or withhold written informed consent to participate in any research or experimental treatment; · associate with other persons of the person’s choice in the community; · personal privacy, including the right to use a lock on the person’s bedroom or unit door; · engage in chosen activities; and · access to the person’s personal possessions at any time, including financial resources. Corrective Action Ordered: Within 30 days of receiving this order, you must: · provide P1 a written notice that identifies service recipient rights, including the rights detailed above; · complete an audit of all persons served records to ensure that each person or each person’s legal representative received a written notice that identified the service recipient’s rights in 245D.04 Subdivision 2 and 3 and an explanation of those rights; and · maintain documentation of the person’s or legal representative’s receipt of a copy and explanation of the rights. On an ongoing basis, you must maintain compliance as required in this subdivision. 4. Citation: Minnesota Statues, section 245D.10, subdivision 4, paragraph (b). Violation: For one person whose record was reviewed (P1), the license holder did not inform and provide copies of the policies and procedures affecting a person’s rights as required. The license holder failed to inform and provide copies of the policies and procedures affecting a person’s rights under section 245D.04 to P1 and P1’s case manager within five working days of service initiation. The license holder initiated individualized home support services for P1 on August 15, 2024; however, the license holder failed to inform and provide copies of these policies to P1 and P1’s case manager until September 24, 2024. Correction Action Ordered: On an ongoing basis, you must maintain compliance as required in this subdivision. 5. Citation: Minnesota Statutes, section 245D.09, subdivision 4. Violation: For one of three staff persons whose record was reviewed (SP3), the license holder did not provide and ensure completion of orientation training as required. SP3 was hired on March 25, 2023. The license holder failed to provide the following orientation training to SP3 within 60 days of hire: · the license holder's current policies and procedures required under this chapter, including their location and access, and staff responsibilities related to implementation of those policies and procedures; · 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; · the safe and correct use of manual restraint on an emergency basis according to the requirements in section 245D.061 or successor provisions, and what constitutes the use of restraints, time out, and seclusion, including chemical restraint; · staff responsibilities related to prohibited procedures under section 245D.06, subdivision 5, or successor provisions, why such procedures are not effective for reducing or eliminating symptoms or undesired behavior, and why such procedures are not safe; · basic first aid; and · strategies to minimize the risk of sexual violence, including concepts of healthy relationships, consent, and bodily autonomy of people with disabilities. Corrective Action Ordered: Within 30 days of receiving this order, you must provide SP3 orientation on the above-mentioned trainings. On an ongoing basis, you must maintain compliance as required in this subdivision. 6. Citation: Minnesota Statutes, section 245D.09, subdivision 4a. Violation: For one staff person whose record was reviewed (SP3), the license holder did not provide orientation to the individual service recipient needs as required. SP3 had unsupervised direct contact on March 24, 2023. The license holder failed to provide SP3: · orientation to the individual service recipient needs prior to having unsupervised direct contact with a person served by the program; and · instruction to the person's support plan or support plan addendum as it related to the responsibilities assigned to the license holder, and when applicable, the person's individual abuse prevention plan, to achieve and demonstrate an understanding of the person as a unique individual, and how to implement those plans. Corrective Action Ordered: Within 30 days of receiving this order, you must provide SP3 orientation to the individual service recipients for each person served that SP3 has direct contact with. On an ongoing basis, you must maintain compliance as required in this subdivision. 7. Citation: Minnesota Statutes, section 245D.09, subdivision 5. Violation: For three staff persons whose records were reviewed (SP1-SP3), 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. The license holder failed to provide annual training to SP1-SP3 on the following topics: · 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; · the safe and correct use of manual restraint on an emergency basis according to the requirements in section 245D.061 or successor provisions, and what constitutes the use of restraints, time out, and seclusion, including chemical restraint; and · staff responsibilities related to prohibited procedures under section 245D.06, subdivision 5, or successor provisions, why such procedures are not effective for reducing or eliminating symptoms or undesired behavior, and why such procedures are not safe. Corrective Action Ordered: Within 30 days of receiving this order, you must provide SP1-SP3 training on the above-mentioned training. 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 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. Nichol Ginther, HCBS Licensor Licensing Division Office of Inspector General 651-431-4822
|
