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March 10, 2025 Abdinasir Mohamed, Authorized Agent Progressive Home Care LLC 393 Dunlap Street North Suite 870 Saint Paul, Minnesota 55104-4204 License Number: 1112242 (245D – HCBS) CORRECTION ORDER Dear Abdinasir Mohamed: On February 25, 2025, a licensing review of Progressive Home Care LLC, located at 393 Dunlap Street North, Suite 870, Saint Paul, 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. Violation: For one of two persons whose record was reviewed (P2), the license holder did not develop an individual abuse prevention plan (IAPP) as required. The license holder failed to develop an accurate IAPP for P2 as part of the initial individual program plan that included: · an individualized assessment of P2’s susceptibility to abuse by other individuals, including other vulnerable adults and P2’s risk of abusing other vulnerable adults; · the statements of the specific measures to be taken to minimize the risk of abuse to P2 and other vulnerable adults; · the specific actions the license holder would take to minimize the risk of abuse to P2 within the scope of licensed services; and · identified the referrals made when P2 was susceptible to abuse outside the scope or control of the licensed service. Although the license holder completed an IAPP, the information contained in the IAPP was not consistent with information found elsewhere in P2’s plan. Additionally, the license holder failed to review, evaluate and update the IAPP for P2 at least annually. Corrective Action Ordered: Within 30 days of receiving this order, you must review, evaluate and update the IAPP for P2 to include the elements outlined above. The updated plan must be reviewed by P2’s support team and the review must be documented in P2’s service recipient record as required. On an ongoing basis, you must maintain compliance as required in this subdivision. 2. Citation: Minnesota Statutes, section 245D.07, subdivision 1a. Violation: For two persons whose records were reviewed (P1 and P2), the license holder did not provide person centered service planning and service delivery as required. a. The license holder failed to provide P1 with services in a manner that supported P1’s preferences, daily needs, and activities and accomplishment of P1’s personal goals and services outcomes consistent with the principles of: · person centered service planning and delivery that: o identified and supported what was important to P1 as well as what was important for P1, including preferences for when, how, and by whom direct support service is provided; and o used that information to identify outcomes P1 desired; and · self-determination that supported and provided opportunities for the development and exercise of functional and age-appropriate skills, decision making and choice, personal advocacy, and communication. The license holder maintained documentation in P1’s support plan addendum that they would provide IHS with family training services 12 hours per week to P1 with no additional detail of how or when the service would be provided to support P1’s daily needs and activities. The license holder documented that P1’s guardian wanted to continue directing P1’s care and use P1’s service hours on a flexible basis. Additionally, the license holder maintained documentation that P1 had three outcomes selected by P1’s guardian, which were to continue working with speech/language support providers, work on personal hygiene, and to receive more support in the form of formal waiver services. P1’s case manager documented in the Coordinated Services and Supports Plan (CSSP) that P1 would like to learn to drive and work on finding employment, this information was not included in P1’s support plan addendum developed by the license holder. b. The license holder failed to provide P2 with services in a manner that supported P2’s preferences, daily needs, and activities and accomplishment of P2’s personal goals and service outcomes consistent with the principles of: · person-centered planning and delivery that: o identified and supported what was important to P2 as well as what was important for P2, including preferences for when, how, and by whom direct support service was provided. The license holder documented that they would provide IHS with training, night supervision, and homemaking services to P2 with no additional information on when, how, and by whom direct support services would be provided. Corrective Action Ordered: Within 30 days of receiving this order, you must review, evaluate, and update P2’s support plan addendum to include P2’s preferences for when, how, and by whom direct support service will be provided. P1 is no longer receiving services, therefore, no corrective action is needed for P1’s support plan addendum. On an ongoing basis, you must maintain compliance as required in this subdivision. 3. Citation: Minnesota Statutes, section 245D.07, subdivision 2, paragraph (c). Violation: For one person whose record was reviewed (P2), the license holder did not complete initial basic support service planning as required. The license holder failed to review and revise P2’s preliminary support plan addendum within 60 calendar days of service initiation. The license holder began providing a new service to P2 on August 1, 2024. The initial support plan addendum for the new service was completed July 29, 2024, with no documented review after that date. Corrective Action Ordered: On an ongoing basis, you must maintain compliance as required in this subdivision. 4. Citation: Minnesota Statutes, section 245D.071, subdivision 3. Violation: For one person whose record was reviewed (P1), the license holder did not complete initial intensive support service planning as required. a. The license holder failed to hold an initial planning meeting with P1’s case manager within 45 days of service initiation. The license holder held a meeting with P1 and P1’s legal representative, however, the case manager was not present at the meeting and there was no documentation of P1’s case manager being invited to attend the initial planning meeting. b. The license holder failed to identify and include in P1’s support plan addendum: · the scope of the services to be provided to support P1’s daily needs and activities; · P1’s desired outcomes and the supports necessary to accomplish P1’s desired outcomes; · P1’s preferences for how services and supports are provided, including how the provider would support P1 to have control of P1’s schedule; and · opportunities to seek competitive employment and work at competitively paying jobs in the community. c. The license holder failed to have a discussion on how technology might be used to meet P1’s outcomes and include a summary of this discussion in the support plan addendum. Corrective Action Ordered: P1 is no longer receiving services, therefore, no corrective action is needed for P1’s support plan addendum. On an ongoing basis, you must maintain compliance as required in this subdivision. 5. Citation: Minnesota Statutes, section 245D.071, subdivision 4. Violation: For one person whose record was reviewed (P1), the license holder did not develop service outcomes and supports as required. The license holder failed to document the supports and methods to be implemented to support the person and accomplish outcomes related to acquiring, retaining, or improving skills and physical, mental, and emotional health and well-being including: · the measurable and observable criteria for identifying when the desired outcome had been achieved; and · the date by which progress towards accomplishing the outcomes would be reviewed and evaluated. Corrective Action Ordered: P1 is no longer receiving services, therefore, no corrective action is needed for P1’s support plan addendum. On an ongoing basis, you must maintain compliance as required in this subdivision. 6. Citation: Minnesota Statutes, section 245D.095, subdivision 3. Violation: For two persons whose records were reviewed (P1 and P2), the license holder did not maintain a service recipient record as required. The license holder failed to maintain progress or daily log notes that were recorded by the program. Corrective Action Ordered: Immediately upon receiving this order, you must begin maintaining progress or daily log notes for all service recipients. On an ongoing basis, you must maintain compliance as required in this subdivision. 7. Citation: Minnesota Statutes, section 245D.10, subdivision 4. Violation: For two persons whose records were reviewed (P1 and P2), the license holder did not provide current policies and procedures as required. a. The license holder failed to inform and provide copies of the policies and procedures affecting P1’s rights to P1’s case manager within five working days of service initiation. P1 initiated services August 1, 2023, however, these policies and procedures were not provided to P1’s case manager until September 8, 2023. b. The license holder failed to inform and provide copies of the policies and procedures affecting P2’s rights to P2’s case manager within five working days of service initiation. P2 initiated services August 7, 2023, however, these policies and procedures were not provided to P2’s case manager until August 21, 2023. Corrective Action Ordered: On an ongoing basis, you must maintain compliance as required in this subdivision. 8. Citation: Minnesota Statutes, section 245D.09, subdivision 4. Violation: For two of two staff persons whose records were reviewed (SP1 and SP2), the license holder did not provide orientation training as required. The license holder failed to provide training to SP1 and SP2 on the strategies to minimize the risk of sexual violence, including concepts of healthy relationships, consent, and the bodily autonomy of people with disabilities within 60 days of SP1’s and SP2’s hire date. Corrective Action Ordered: Within 30 days of receiving this order, you must provide training to SP1 and SP2 on strategies to minimize the risk of sexual violence, including concepts of healthy relationships, consent, and the bodily autonomy of people with disabilities. On an ongoing basis, you must maintain compliance as required in this subdivision. 9. Citation: Minnesota Statutes, section 245D.11, subdivision 2. Violation: The license holder did not establish policies and procedures as required. a. The license holder failed to establish a policy and procedure for ensuring the safety of persons served by the program in emergencies as defined in section 245D.02, subdivision 8, and procedures for staff to report emergencies to the license holder including: · ensuring the safety of persons served in the event of a fire; · ensuring the safety of persons served in the event of a power failure; · staff name and/or title to complete the emergency report and the timeline for completing the report; and · identifying where emergency reports will be maintained. b. The license holder failed to establish a policy and procedure for responding to all incidents as defined in 245D.02, subdivision 11 and reporting all incidents required to be reported according to 245D.06, subdivision 1 including: · providing required contact information for non-emergency situations involving a response from law enforcement, fire department, and mental health crisis intervention teams; · name and/or title of the staff person to be notified of incidents, emergencies, serious injuries, and deaths; and · name and/or title of the staff person responsible for reviewing incidents, emergencies, deaths, and serious injuries along with the timeline for completion of the review.
Corrective Action Ordered: Immediately, you must establish: · a plan for ensuring the safety of persons served by the program in emergencies, including fires and power failures, as detailed above; and · a plan for responding to all incidents as detailed above. 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. Erin White, Home and Community Based Services Licensor Licensing Division Office of Inspector General 651-431-4821
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