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March 14, 2025 Abdurahim Buse, Authorized Agent Sunshine Adult Day Care Center 908 Park Street Saint Paul, Minnesota 55117 License Number: 1082009 (Rule 223) CORRECTION ORDER Dear Abdurahim Buse: On March 6, 2025, a licensing review of Sunshine Adult Day Care Center located at 775 Milton Street North, Saint Paul, 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 9555.9660, subpart 1. Violation: For one person whose record was reviewed (P4), the license holder did not include information in the participant’s written record as required.
The license holder failed to include the following information in P4’s record: · a medical report, dated within the three months prior to or 30 days after P4’s admission to the center signed by a physician or signed by a physician assistant or registered nurse and cosigned by a physician, that included: o a release signed by the physician indicating whether P4 may engage in a structured exercise program; and o documentation that P4 was free from communicable disease or infestations, as specified in parts 4605.7000 to 4605.7090, that would endanger the health of other participants. Repeat Violation: In a Conditional Order that DHS issued on November 4, 2024, you were previously found in violation of this same rule. Corrective Action Ordered: Within 30 days of receiving this order, you must maintain all information detailed above in P4’s participant record. On an ongoing basis, you must maintain compliance as required in this subpart. 2. Citation: Minnesota Rules, part 9555.9700, subpart 2. Violation: For four participants whose records were reviewed (P1, P2, P3, and P4), the license holder did not complete initial service planning as required. a. The license holder failed to conduct needs assessments for P1, P2, and P3 that included the participant’s physical status, determined by observation, from the intake screening interview, and from the medical report received from the participant’s physician. b. P4 was admitted to the center on April 22, 2024. The license holder failed to: · conduct a needs assessment for P4 within 30 days of P4’s admission to the center that included P4’s physical status, determined by observation, from the intake screening, and from the medical report received from P4’s physician; and · develop a preliminary service plan for P4 within 30 days of admission that included P4’s nutritional needs, and where applicable, dietary restrictions. Repeat Violation: In a Conditional Order that DHS issued on November 4, 2024, you were previously found in violation of this same rule. Corrective Action Ordered: Within 30 days of receiving this order, you must: · update P1, P2, P3, and P4’s needs assessments to include information from the medical report received from the participant’s physician; and · update P4’s preliminary service plan to include P4’s nutritional needs, and where applicable, dietary restrictions. 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 include all required information in the personnel record. The license holder failed to maintain documentation that the physical therapist met any licensure, registration, or certification requirements required to perform the services specified in the contract. Repeat Violation: In a Conditional Order that DHS issued on November 4, 2024, you were previously found in violation of this same rule. Corrective Action Ordered: Within 30 days of receiving this order, you must maintain documentation that your physical therapist meets any licensure, registration, or certification requirements required to perform the services specified in the contract. On an ongoing basis, you must maintain compliance as required in this item. 4. Citation: Minnesota Rules, part 9555.9710, subpart 1. Violation: The license holder did not offer services as required. The license holder failed to ensure the refrigerator had a temperature of 40 degrees Fahrenheit or less. At the time of the licensing review, the refrigerator had a temperature of 44 degrees Fahrenheit. Repeat Violation: In a Conditional Order that DHS issued on November 4, 2024, you were previously found in violation of this same rule. Corrective Action Ordered: Immediately, you must ensure your refrigerator has a temperature of 40 degrees Fahrenheit or less. On an ongoing basis, you must maintain compliance as required in this subpart. 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. Desiree Tiller, HCBS Licensor Licensing Division Office of Inspector General 651-431-4622
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