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March 5, 2025 CERTIFIED MAIL Akinbowale Barbington, Authorized Agent New Hope Living Inc & Nursing Services 6901 78th Ave N Suite 101 Brooklyn Park, MN 55445-2720 License Number 1070370-HCBS (Home and Community-Based Services) License Number 1070371-H_CRS (Home and Community-Based Services-Community Residential Setting) Report Numbers 202405537 and 202406730 DETERMINATIONS OF MALTREATMENT FAILURES TO REPORT MALTREATMENT AND ORDER TO PAY A FINE Dear Akinbowale Barbington: The Department of Human Services (DHS) determined that New Hope Living I, located at 7000 Maryland Avenue N, Brooklyn Park, Minnesota, is responsible for five incidents of maltreatment by neglect and four occurrences of failure to report maltreatment. Based on this determination, DHS is ordering you to pay a fine of $5,800. Details of our findings are provided below and in the enclosed Investigation Memoranda for reports 202405537 and 202406730. Our next steps and your options are also detailed. I. Determinations of Maltreatment Report 202405537: It was reported that a vulnerable adult (VA) left the facility without staff persons and/or was unsupervised in the community on five occasions. DHS investigated the reports as alleged maltreatment by neglect. Based on the maltreatment investigation, DHS determined that New Hope Living I was responsible for four incidents of neglect of a vulnerable adult. See the enclosed Investigation Memorandum for report 202405537 for more information. Report 202406730: It was reported that a vulnerable adult (VA) left the facility without staff persons knowledge or supervision. DHS investigated the report as alleged maltreatment by neglect. Based on the maltreatment investigation, DHS determined that New Hope Living I was responsible for neglect of a vulnerable adult. See the enclosed Investigation Memorandum for report 202406730 for more information. Legal Authority: Minnesota Statutes, section 626.557, subdivision 9c. Fine: $5,000 ($1,000 each incident) Citation Related to the Maltreatment Determination Citation: Minnesota Statutes, section 245D.07, subdivision 1a Violation: The license holder did not provide services in response to the person's (P) identified needs, interests, preferences, and desired outcomes as specified in the support plan and the support plan addendum. · The P’s Intensive Support Self-Management Assessment stated that, due to the P’s history of leaving without notifying caregivers, staff persons were to keep the P “in eyesight at all times” while the P was at the facility. However, multiple staff persons provided information that the common practice at the facility was to leave the P alone when s/he was in his/her bedroom and check on the P at unspecified intervals. While the P was in his/her bedroom, staff persons often attended to other tasks in other areas of the facility. · As a result of five incidents of the P being unsupervised in the community in June and July 2024, the facility completed an Internal Review and all staff persons received additional training on July 6, 2024, regarding the P that included use of the P’s trackers and identification badge; protocol for charging the trackers and door alarms; supervising the P in the community; and that staff persons were required to have eyes on the P at all times instead of 15-minute checks. However, on August 1, 2024, five staff persons were at the facility and at one point, the P was allowed to go downstairs to his/her bedroom without staff supervision and at another point the P left without staff knowledge or supervision. Corrective Action Ordered: Within 30 days of receipt of this order, you must submit written documentation to your DHS licensor showing that all staff that provide direct care to the P have reviewed and received instruction on the P’s support plan and support plan addendum. The documentation must identify: names of staff persons completing the training; the date of the training; the number of hours of the training, and who provided the training. Documentation must be maintained in each staff person’s personnel record according to Minnesota Statutes, section 245D.095, paragraph (a), clause (2). In addition, you must submit a written plan to your DHS licensor of how the identified desiginated coordinator will provide the oversight of the the license holder’s assigned responsibilities in the P’s support plan and support plan addendum. On an ongoing basis the license holder must maintain compliance with this subdivision. II. Failures to Report Maltreatment Based on the maltreatment investigation for report 202405537, DHS determined that staff persons at various levels of authority had knowledge of four incidents of possible maltreatment, but did not make a report as required. Legal Authority: Minnesota Statutes, sections 626.557, subdivision 3 and 245A.65, subdivision 1. Fine: $800 ($200 each incident) Corrective Action Required: Within 30 days of receipt of this order, you must submit written documentation to your DHS licensor showing that all staff have been retrained on the reporting requirements for alleged maltreatment. The documentation must identify: names of staff persons completing the training; the date of the training; the number of hours of the training, and who provided the training. Documentation must be maintained in each staff person’s personnel record according to Minnesota Statutes, section 245D.095, paragraph (a), clause (2). Submissions required as part of the corrective action ordered must be sent to your Licensor at: Commissioner, Department of Human Services ATTN: Lacey Walsvik c/o Licensing Division PO Box 64242 St. Paul, MN 55164-0242 III. Order to Pay a Fine Because DHS determined that New Hope Living I is responsible for five incidents of maltreatment and four failures to report maltreatment, you must pay a $5,800 fine. Legal Authority: Minnesota Statutes, section 245A.07, subdivision 3, paragraph (c), subparagraph (4). IV. Billing and Payment of the Fine DHS will send you an invoice for the $5,800 fine. Payment must be made as directed on the invoice. If you request a contested case hearing, as described below, do not pay the fine at this time. After the contested case hearing, the Commissioner of DHS will issue a final order. Please note, you may not avoid payment of this fine by closing, selling, or otherwise transferring the license to a third party. If this occurs, each controlling individual is personally and jointly responsible for payment. If you do not pay the fine on or before the date specified on the invoice and you did not request a contested case hearing, as described below, the Commissioner may issue a second fine, may not issue or reissue a license, or may suspend the license until the license holder pays the fine. V. Your Right to Appeal You have right to appeal the maltreatment determination and/or fine. Please see options below. Should you exercise your rights to appeal send: 1.
Right to appeal the fine and maltreatment determination You have the right to appeal the fine and maltreatment determination. Your request must be in writing and clearly state that you are requesting a contested case hearing for this matter. Your request must be made before the deadlines provided below. If you do not meet this deadline, you lose your right to an administrative appeal. The timeline to appeal began when you received this order. If you are mailing your request, it must be sent by certified mail and postmarked within 15 calendar days from when you received this order. See address, Section V. If your request is being personally delivered, it must be received by DHS within 15 calendar days from when you received this order. See address, Section V. Upon DHS’ receipt of your timely appeal, your case would be scheduled for a contested case hearing in front of an Administrative Law Judge. After this hearing, the Commissioner of DHS will issue a final order. 2. Request for reconsideration of the maltreatment determination only If you do not appeal the fine, you may still request reconsideration of the maltreatment determination. Your request must be made before the deadlines provided below. If you do not meet this deadline, you lose your right to request reconsideration. The timeline to request reconsideration began when you received this order. Your request must: · Be in writing · Clearly state that you are requesting reconsideration of the maltreatment determination · Identify what is inaccurate or incomplete about the information in the Investigation Memorandum · Supply information that is accurate or more complete · State why you believe the finding of maltreatment should be changed · Be made before the deadlines provided below. Your request must be postmarked within 15 calendar days from when you received this order. See address, Section V. A response to your reconsideration request will be mailed within 15 working days after DHS receives your request. You have the right to request a fair hearing if a response is not mailed within 15 working days. 3. Right to appeal the order to pay a fine only You have the right to only appeal the fine. Your request must be in writing and clearly state that you are requesting a contested case hearing for this matter. Your request must be made before the deadlines provided below. If you do not meet this deadline, you lose your right to an administrative appeal. The timeline to appeal began when you received this order. If you are mailing your request, it must be sent by certified mail and postmarked within 10 calendar days from when you received this order. See address, Section V. If your request is being personally delivered, it must be received by DHS within 10 calendar days from when you received this order. See address, Section V. Upon DHS’ receipt of your timely appeal, your case would be scheduled for a contested case hearing in front of an Administrative Law Judge. After this hearing, the Commissioner of DHS will issue a final order. 4. Legal representation at the contested case hearing You do not need a lawyer to appeal. However, a lawyer can help you with your appeal. The state or county will not get you a lawyer and will not pay for a lawyer. If you cannot afford a lawyer, you may be able to get free legal advice or help with your appeal. To find out if free help is available, contact: Volunteer Lawyers Network at 612-752-6677; Central Minnesota Legal Services at 612-332-8151; Southern Minnesota Legal Services at 651-222-4731; or go to www.justice4mn.org to find a local legal services program that may be able to help you. You can also find information on contested cases from the Office of Administrative Hearings website at https://mn.gov/oah/self-help. Click on Administrative Law Overview, then click on Administrative Law Contested Case Hearing Guide for a list of frequently asked questions. Legal authority for this licensing action · This action is taken under Minnesota Statutes, section 245A.07, subdivision 1, paragraph (a), which describes under which conditions DHS may impose a fine against a license. · Minnesota Statutes, section 245A.07, subdivision 3, paragraph (c), clause (4), item (i) provides that DHS may impose a $1000 fine for each determination of maltreatment of a vulnerable adult under section 626.557 for which the license holder is determined responsible. · DHS may impose a $200 fine for each health, safety, or supervision licensing violation under Minnesota Statutes, section 245A.07, subdivision 3, paragraph (c), clause (4), item (iv). · In determining whether the facility, an individual, or both are responsible for substantiated maltreatment, DHS must consider the mitigating factors provided in Minnesota Statutes, section 626.557, subdivision 9c, paragraph (c). · Minnesota Statutes, section 245A.07, subdivision 3, paragraph (c), clause (5) states that license holders may not avoid payment of a fine by closing, selling, or transferring a license. · License holders have a right to appeal licensing actions and request a contested case hearing, under Minnesota Statutes, chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. · License holders have a right to request reconsideration of a maltreatment determination, under Minnesota Statutes, section 626.557, subdivision 9d. · Minnesota Statutes, section 245A.04, subdivision 7, paragraph (d), clause (4), states that DHS shall not issue or reissue a license if the applicant, license holder, or controlling individual has an outstanding debt related to a license fee, licensing fine, or settlement agreement for which payment is delinquent. · Minnesota Statutes, section 245A.07, subdivision 3, paragraph (c), clause (2), states that that the license holder shall pay the fine assessed on or before the payment date specified, and if the license holder does not do so the commissioner may issue a second fine or suspend the license until the license holder complies. · License holders must have and enforce written policies and procedures related to suspected maltreatment, under 245A.65, subdivision 1. Questions If you have any further questions regarding this matter, you may contact Marie Tierney, Supervisor, at 651-431-6573 or Melanie Bridges, Supervisor, at 651-431-6559. Sincerely,
Maggie Hason, Intake and Investigations Unit Manager Licensing Division Office of Inspector General Enclosure cc: Kristine Miller, Hennepin County Adult Foster Care Licensor
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