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NOTICE: The Amended Correction Order supersedes the original Correction Order, dated January 14, 2025. This document is amended to correctly cite the subpart violated in citation 4. Additionally, this document is amended to correctly identify repeat violations for citations 1, 3, and 4. The original Correction Order must be destroyed.
Original Date Issued: January 14, 2025
Date Reissued: February 4, 2025
Abdullahi Hussein, Authorized Agent Mercy Adult Daycare Center LLC 2700 Cardinal Avenue Suite B
Fairbault, Minnesota, 55021-7380
License Number: 1102784 (Rule 223)
AMENDED CORRECTION ORDER
Dear Abdullahi Hussein:
On December 16, 2024, a licensing review of Mercy Adult Daycare Center LLC located at 912 East 24th Street, 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 9555.9700, subpart 2.
Violation: For two of two participants whose records were reviewed (P1 and P2), the license holder did not complete initial service planning as required.
The license holder failed to conduct a needs assessment for P1 and P2 that addressed P1 and P2’s physical status, determined by observation, from the intake screening interview, and from the medical report received from the participants’ physicians.
Repeat Violation: In a Correction Order that DHS issued on September 14, 2022, you were previously found in violation of this same rule.
Corrective Action Ordered: Within 30 days of receiving this order, you must update P1 and P2’s needs assessments to include P1 and P2’s physical status based on information received from the participants’ medical reports. On an ongoing basis, you must maintain compliance as required in this subpart.
2. Citation: Minnesota Rules, part 9555.9700, subpart 3.
Violation: For one participant whose record was reviewed (P2), the license holder did not develop a written plan of care as required.
The license holder failed to develop a written plan of care for P2 that included an update of the preliminary service plan and additional services required by P2.
Corrective Action Ordered: Within 30 days of receiving this order, you must maintain a written plan of care for P2 that includes an update of the preliminary service plan and additional services required by P2. On an ongoing basis, you must maintain compliance as required in this subpart.
3. Citation: Minnesota Rules, 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.
Repeat Violation: In a Correction Order that DHS issued on September 14, 2022, you were previously found in violation of this same rule.
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 of employment. On an ongoing basis, you must maintain compliance as required in this item.
4. Citation: Minnesota Rules, part 9555.9720, subpart 8.
Violation: The license holder did not ensure safety as required.
The license holder failed to ensure the areas used by participants were free from loose plaster and peeling paint including:
· chipped paint and sheetrock throughout the center; and
· several holes in the wall in the large space.
Repeat Violation: In a Correction Order that DHS issued on September 14, 2022, you were previously found in violation of this same rule.
Corrective Action Ordered: Immediately, you must ensure the areas used by participants are free from debris, peeling paint, and litter. On an ongoing basis, you must maintain compliance as required in this subpart.
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.
Alexandra Devick, HCBS Human Services Licensor Licensing Division Office of Inspector General 651-431-4626
PO Box 64242 • Saint Paul, Minnesota • 55164-0242 • An Equal Opportunity and Veteran Friendly Employer https://mn.gov/dhs/general-public/licensing/
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