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February 28, 2025 Shehaan A Hussein, Authorized Agent 1st Grade Care Inc 20657 Kaiser Way Lakeville, Minnesota 55044-6715 License Number: 1105690 (245D – HCBS) CORRECTION ORDER Dear Shehaan A Hussein: On January 24, 2025, a licensing review of 1st Grade Care Inc, located at 7800 Metro Parkway Suite 300 Bloomington, 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), clause (1). Violation: For one of three persons whose records were reviewed (P2), the license holder did not meet the requirements for an individual abuse prevention plan (IAPP) as required. The license holder documented that P2 was assessed as having no vulnerabilities to abuse; however, this contradicts documentation elsewhere in the record. The license holder failed to meet the requirements for an IAPP. Corrective Action Ordered: Within 30 days of receiving this order, you must review and revise P2’s IAPP to include P2’s vulnerabilities as written throughout the record. On an ongoing basis, you must maintain compliance as required in this subdivision. 2. Citation: Minnesota Statutes, section 245D.095, subdivision 3. Violation: For one person whose record was reviewed (P1), the license holder did not maintain service recipient records as required. Although, the license holder maintained a signed copy from P1’s legal representative to act in a medical emergency the document did not indicate the legal representative’s determination for the license holder to act in a medical emergency. The license holder failed to maintain a signed statement authorizing the license holder to act in a medical emergency when the P1's legal representative cannot be reached or is delayed in arriving. Corrective Action Ordered: Within 30 days of this order, you must request the legal representative to determine if you may act in a medical emergency if unable to be reached. Additionally, you must maintain the determination in P1’s record. On an ongoing basis, you must maintain compliance as required in this subdivision. 3. Citation: Minnesota Statutes, section 245D.10, subdivision 4, paragraph (b). Violation: For three persons whose records were reviewed (P1, P2, and P3), the license holder did not provide written or electronic copies of policies and procedures as required. The license holder failed to inform P1, P2, and P3’s case manager, of the following policies and procedures that affect a person’s rights within five working days of service initiation: · grievance policy; · service suspension; · service termination; · emergency use of manual restraints; and · data privacy. The policies and procedures were provided to P1’s case manager on November 4, 2024, P2’s case manager on October 14, 2024, and P3’s case manager on June 6, 2023. Corrective Action Ordered: On an ongoing basis, you must maintain compliance as required in this subdivision. 4. Citation: Minnesota Rules, part 9544.0030, subpart 1. Violation: For two persons whose records were reviewed (P2 and P3), the license holder did not meet the requirements for positive support strategies. The license holder failed to evaluate the identified positive support strategies with P2 and P3 at least every six months. Corrective Action Ordered: On an ongoing basis, you must maintain compliance as required in this subdivision. 5. Citation: Minnesota Statutes, section 245A.65, subdivision 3. Violation: For one of four staff persons whose records were reviewed (SP3), the license holder did not provide maltreatment reporting as required. SP3’s date of hire was April 14, 2023. The license holder maintained a transcript documenting that SP3 was provided orientation to vulnerable adult reporting on May 1, 2023. The license holder failed to provide orientation to vulnerable adult maltreatment reporting within 72 hours of first providing direct contact. Corrective Action Ordered: On an ongoing basis, you must maintain compliance as required in this subdivision. 6. Citation: Minnesota Statues, section 245D.09, subdivision 4a, paragraph (c). Violation: For two staff persons whose records were reviewed (SP2 and SP3), the license holder did not meet the requirements for orientation to individual service recipient needs as required. The license holder failed to provide SP2 and SP3 with orientation on the following topics to ensure the staff person reviewed and received instruction as it relates to the responsibilities assigned to the license holder: · the person's support plan or support plan addendum; and · the person’s individual abuse prevention plan. · . Corrective Action Ordered: On an ongoing basis, you must maintain compliance as required in this subdivision. 7. Citation: Minnesota Statutes, section 245D.09, subdivision 5. Violation: For one staff person whose record was reviewed (SP3), the license holder did not provide annual training as required. SP3 was hired on April 14, 2023. The license holder provided annual training to SP3 on June 17, 2024. The license holder failed to provide SP3 with annual training within the same month of the subsequent calendar year. Corrective Action Ordered: On an ongoing basis, you must maintain compliance as required in this subdivision. 8. Citation: Minnesota Statutes, section 245A.66, subdivision 1. Violation: The license holder failed to maintain a copy of the maltreatment of minors internal review policy as required. The license holder maintained a copy of their maltreatment of minors internal review policy but did not identify the primary and secondary person or position who will ensure that, when required, internal reviews are completed. Corrective Action Ordered: Within 30 days of this order, you must develop the maltreatment of minors internal review policy and indicate who the primary and secondary person is that will ensure internal reviews are completed. On an ongoing basis, you must maintain compliance 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 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. Jolene Reinke, HCBS Licensor Licensing Division Office of Inspector General 651-431-5928
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