Minnesota

March 28, 2025                CERTIFIED MAIL

Michelle Murray, Authorized Agent

Nexus Family Healing

505 Highway 169 N Ste 500

Plymouth, MN 55441

License Number   1119782

Report Number   202406452

      202406739

      202407219  

AMENDED ORDER TO PAY A FINE

NOTICE: This Amended Order To Pay A Fine supersedes an Order To Pay A Fine issued on January 10, 2025, which must be destroyed. The Amended Order to Pay a Fine corrected and removed violation numbered 6 that incorrectly identified a unit name.

Dear Michelle Murray:

The Department of Human Services (DHS) is ordering you to pay a fine of $1200 for a licensing violation at your Psychiatric Residential Treatment Facility (PRTF) under the PRTF Variance to Minnesota Rules, chapter 2960 located at 900 189th Ave NE, East Bethel, MN 55011. Details of our findings are provided below. Our next steps and your options are also detailed.

REASON FOR FINE

Violation of Staff-to-Resident Ratios

As a result of a licensing investigation conducted on September 12, 2024, a DHS licensor determined that you failed to follow the required staff-to-resident ratios.

Specifically, the license holder did not keep accurate records of staff worked to demonstrate meeting the minimum staffing requirements. Additionally, the license holder did not adjust staff ratios when residents were on increased supervision, resulting in the program not having adequate staffing to meet the residents’ needs. According to documentation provided, minimum staffing requirements were not met on the following dates and times:

1. May 4, 2024 owl unit:

a. 6:00 am to 10:00 pm;

2. May 6, 2024 owl unit:

a. 6:00 am to 2:00 pm;

3. July 9, 2024 eagle unit:

a. 6:30 am to 2:00 pm;

4. July 9, 2024 owl unit:

a. midnight to 2:00 pm; and

b. 7:30 pm to midnight;

5. July 10, 2024 owl unit:

a. midnight to 12:00 pm;

b. 1:00 pm to 9:00 pm; and

c. 10:00 pm to midnight

6. July 19, 2024 owl unit:

a. 10:30 am to 11:45 am;

7. August 14, 2024 eagle unit:

a. 2:00 pm to 10:00 pm.

Fine: $1200 ($200 per day)

Corrective Action Required: Immediately and on an ongoing basis, the license holder must ensure staffing ratios meet the minimum staffing requirements, including when a resident is on increased supervision.

  Rule Violated: Minnesota Variance, section R2960V.14, subparts 1, 2, and 3.

Billing and Payment of the Fine

DHS will send you an invoice for the $1200 fine. Payment must be made as directed on the invoice.

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, 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.

YOUR RIGHT TO APPEAL

The timeline for appeal runs from the date of the Order to Pay a Fine issued on January 10, 2024. On January 24, 2025, you requested a contested case hearing, and you then withdrew the appeal on January 30, 2025. As a result, the Amended Order to Pay a Fine is final and not subject to appeal.

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.

· DHS may impose a $200 fine for each health, safety, or supervision licensing violation under Minnesota Statutes, section 245A.07, subdivision 3, paragraph (c)(4)(iii).

· Minnesota Statutes, section 245A.07, subdivision 3, paragraph (c)(5) states that license holders may not avoid payment of a fine by closing, selling, or transferring a license.

· Minnesota Statutes, section 245A.07, subdivision 3, paragraph (c)(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 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.

Questions

If you have any further questions regarding this matter, you may contact Katie Leuer, Supervisor, at 651-431-6259.

Sincerely,

image

Paula Halverson, Unit Manager

Licensing Division

Office of Inspector General


PO Box 64242 • Saint Paul, Minnesota • 55164-0242 • An Equal Opportunity and Veteran Friendly Employer

https://mn.gov/dhs/general-public/licensing/