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February 6, 2025 Annie Gendaszek, Authorized Agent Minnesota Health Operations 3990 Hillsboro Pike, Suite 330 Nashville, TN 37215 License Number: 1108472 (CRF) Report No.: 202310733 Dear Annie Gendaszek: On December 23, 2024, the Minnesota Department of Human Services (DHS), Division of Licensing, received your request for reconsideration of citation 5 in the Correction Order issued to you by the Department of Human Services on December 2, 2024. You also provided information about the timeline to provide submissions for citation 9, but you did not provide information to indicate you disagree with the issuance of citation 9. Because you requested reconsideration only of citation 5, the remaining citations are final and not within the scope of this review.
Citation 5: Violation: The license holder’s restrictive procedures policy did not address prone positions or contraindicated physical restraints. The license holder was not assessing residents for any contraindications due to known medical or psychological conditions. Request for Reconsideration. You submitted a letter and supporting documentation to support your belief that the citation was incorrect.
Reconsideration Determination. Under Minnesota Statutes, section 245A.211, subdivision 3, paragraph (b), a license holder must not use a prone restraint on any person receiving services in a program, except in specified instances which includes that if a person rolls into a prone position during the use of a restraint, the person must be restored to a nonprone position as quickly as possible. Under subdivision 4, a license holder must not implement a restraint on a person receiving services in a program in a way that is contraindicated for any of the person’s known medical or psychological conditions. Prior to using restraints on a person with known medical or psychological conditions that restraints are contraindicated for, the license holder must document the contraindication and the type of restraints that will not be used on the person based on this determination. After further review of the file and of the information provided by the license holder, the Commissioner has determined the program met the statutory requirements regarding citation 5, and the citation should be rescinded. Disposition: The Commissioner has reviewed the license holder’s request for reconsideration and all the information submitted in response to the correction order. The Commissioner finds there is not sufficient evidence to support citation 5, and the citation is rescinded. This is a final agency decision. Sincerely,
Frances Simon Standing, Attorney Legal Counsel’s Office Office of Inspector General
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