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January 27, 2025 Moyata B Koji, Authorized Agent New Transitions, Inc. 15650 Fairchild Way Apple Valley, Minnesota 55124 License Number: 1072353 (245D – HCBS) CORRECTION ORDER Dear Moyata B Koji: On November 18, 2024, a licensing review of New Transitions Inc., located at 228 Hazen Street, Waterville, 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 2, paragraph (b). Violation: For one of two persons whose records were reviewed (P2), the license holder did not develop an individual abuse prevention plan (IAPP) 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 document the review of P2’s IAPP with P2 and P2’s interdisciplinary team annually in 2023. The license holder documented a review of P2’s IAPP on April 15, 2022, and April 10, 2024. The license holder failed to document the day or month that the license holder reviewed P2’s IAPP in 2023; therefore, it was unable to be determined whether the license holder reviewed P2’s IAPP annually in 2023. Corrective Action Ordered: On an ongoing basis, you must maintain compliance as required in this subdivision. 2. Citation: Minnesota Statutes, section 245D.04, subdivision 1. Violation: For two persons whose records were reviewed (P1 and P2), the license holder did not provide the person with a written notice that identified the service recipient rights as required. a. The license holder failed to provide P1 and P1’s legal representative with a written notice that identified the service recipient rights and an explanation of those rights within five working days of service initiation. The license holder initiated services for P1 on February 9, 2024; however, the license holder failed to provide P1 and P1’s legal representative with a written notice of the service recipient rights until August 14, 2024. b. The license holder failed to provide P2 and P2’s legal representative with a written notice that identified the service recipient rights and an explanation of those rights annually in 2022 and 2023. Corrective Action Ordered: Immediately, you must provide P2 and P2’s legal representative with a written notice that identifies the service recipient rights and an explanation of those rights. Additionally, you must maintain documentation that P2 and P2’s legal representative were provided the service recipient rights according to Minnesota Statutes, section 245D.095, subdivision 3, paragraph (b). On an ongoing basis, you must maintain compliance as required in this subdivision. 3. Citation: Minnesota Statutes, section 245D.071, subdivision 4, paragraph (b). Violation: For one person whose record was reviewed (P2), the license holder did not document service outcomes and supports as required. The license holder failed to document for P2 the following supports and methods to be implemented to support P2 and accomplish outcomes related to acquiring, retaining, or improving skills and physical, mental, and emotional health and well-being: · the methods or actions that will be used to support P2 and to accomplish the service outcomes, including information about: o any changes or modifications to the physical and social environments necessary when the service supports are provided; o any equipment and materials required; and o techniques that are consistent with P2’s communication mode and learning style; · the measurable and observable criteria for identifying when the desired outcome has been achieved; · how data would be collected; · the projected starting date for implementing the supports and methods and the date by which progress towards accomplishing the outcomes will be reviewed and evaluated; and · the names of the staff or position responsible for implementing the supports and methods. Corrective Action Ordered: Within 30 days of receiving this order, you must document the supports and methods listed above in P2’s service plan. On an ongoing basis, you must maintain compliance as required in this subdivision. 4. Citation: Minnesota Statutes, section 245D.071, subdivision 5. Violation: For one person whose record was reviewed (P2), the license holder did not complete service plan review and evaluation as required. The license holder met with P2, P2’s legal guardian, and P2’s case manager on April 15, 2022 and on April 10, 2024; however the license holder failed to meet with P2, P2’s legal representative and P2’s case manager to review P2’s service plan annually in 2023. Corrective Action Ordered: On an ongoing basis, you must maintain compliance as required in this subdivision. 5. Citation: Minnesota Statutes, section 245D.07, subdivision 3. Violation: For one person whose record was reviewed (P2), the license holder did not provide reports as required. According to P2’s support plan addendum, the license holder was assigned responsibility to provide P2, P2’s legal representative, and P2’s case manager with semiannual written reports. The license holder failed to provide P2, P2’s legal representative, and P2’s case manager with written reports regarding P2’s progress as required. Corrective Action Ordered: Within 30 days of receiving this order, you must provide P2, P2’s legal representative, and P2’s case manager with a written report regarding P2’s progress. On an ongoing basis, you must maintain compliance as required in this subdivision. 6. Citation: Minnesota Rule, part 9544.0030, subpart 1. Violation: For one person whose record was reviewed (P2), the license holder did not review positive support strategies as required. The license holder failed to evaluate with P2 and determine whether changes were needed to the identified positive support strategies at least every six months. Corrective Action Ordered: Within 30 days of receiving this order, you must evaluate P2’s positive support strategies with P2. Based upon the results of the evaluation, you must determine whether changes are needed to enhance person-centeredness for the person, and, if so, make appropriate changes. On an ongoing basis, you must maintain compliance as required in this subpart. 7. Citation: Minnesota Statutes, section 245A.65, subdivision 3. Violation: For three of three staff persons whose records were reviewed (SP1-SP3), the license holder did not provide annual review to the license holder's program abuse prevention plan (PAPP) as required. a. The license holder failed to provide SP1 and SP2 annual review of the license holder’s PAPP annually in 2022, 2023, and 2024. b. SP3 first provided direct contact services on August 23, 2024; however, the license holder failed to provide SP3 orientation to the license holder’s PAPP within 72 hours of first providing direct contact services. Corrective Action Ordered: Immediately, you must provide all staff persons an orientation to all applicable PAPPs for each location where the staff person provides licensed services. On an ongoing basis, you must maintain compliance as required in this subdivision. 8. Citation: Minnesota Statutes, section 245D.09, subdivision 4a, paragraph (e). Violation: For one staff person whose record was reviewed (SP2), the license holder did not provide orientation training as required. The license holder failed to provide SP2 review and instruction on the safe and correct operation of medical equipment used by a person to sustain life or to monitor a medical condition that could become life-threatening without proper use of the medical equipment. Corrective Action Ordered: Immediately, you must provide SP2 with review and instruction on the safe and correct operation of medical equipment. The training must be provided by a licensed health care professional or a manufacturer's representative and incorporate an observed skill assessment to ensure P2 demonstrates the ability to safely and correctly operate the equipment according to the treatment orders and the manufacturer's instructions. On an ongoing basis, you must maintain compliance as required in this subdivision. 9. Citation: Minnesota Statutes, section 245D.09, subdivision 5. Violation: For one staff person whose record was reviewed (SP1), the license holder did not provide annual training as required. SP1’s first aid certification expired November 12, 2023. The license holder failed to provide SP1 annual training on basic first aid in 2024. Corrective Action Ordered: Within 30 days of receiving this order, you must provide SP1 basic first aid 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 ATTN: Legal Unit Licensing Division PO Box 64242 St. Paul, MN 55164-0242 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, Human Services Licensor Licensing Division Office of Inspector General 651-431-4822
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