|
April 3, 2025 Hibaq Yusuf Nadeer Home Health Care Inc 410 14th Street South Saint Cloud Minnesota 56301 License Number: 1106595 (245D – Home and Community-Based Services) CORRECTION ORDER Dear Hibaq Yusuf: On April 1, 2025, a licensing review of Nadeer Home Health Care Inc, located at 410 14th Street South, Saint Cloud, 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. Violation: For one of two persons whose records were reviewed (P2), the license holder did not meet the requirements for an individual abuse prevention plan (IAPP) as required. P2’s IAPP developed by the license holder stated that P2 was not vulnerable to financial exploitation. However, numerous other documents in P2’s record, including P2’s support plan from their case manager, indicated that P2 was susceptible to financial exploitation. P2’s support plan also provided information that P2 had a history of suicidal ideation and identified a specific plan P2 would follow when P2 was experiencing suicidal thoughts. The license holder failed to include this information about P2’s susceptibility to abuse in P2’s IAPP and failed to identify the specific measures the program would take to minimize the risks of abuse to P2. Corrective Action Ordered: Within 30 days of receiving this order, you must review and revise P2’s IAPP to include an individualized assessment of P2’s susceptibility to abuse and identify the specific measures your program will take to minimize these risks. You must provide P2’s support team an opportunity to participate in the review of P2’s IAPP and maintain documentation of this in P2’s support plan addendum. On an ongoing basis, you must maintain compliance throughout your program as required in this subdivision. 2. Citation: Minnesota Statutes, section 245D.071, subdivision 5, paragraph (g). Violation: For one person whose record was reviewed (P2), the license holder did not meet the requirements for service plan review and evaluation as required. In a progress report for P2 dated November 4, 2024, the license holder failed to identify the rationale for continuing P2’s identified outcome and supports. Corrective Action Ordered: On an ongoing basis, you must maintain compliance throughout your program, as required in this subdivision. 3. Citation: Minnesota Statutes, section 245D.09, subdivision 4a, paragraph a. Violation: For three of three staff persons whose records were reviewed, the license holder did not meet the requirements for orientation to individual service recipient needs as required. The license holder failed to maintain documentation that SP1 through SP3 received orientation to individual service recipient needs prior to providing unsupervised direct support, for each person to whom they provide direct support. Corrective Action Ordered: Within 30 days of receiving this order, you must ensure that SP1 through SP3 have received an orientation to individual service recipient needs for each person to whom they provide direct support services. You must maintain documentation that this orientation was provided. On an ongoing basis, you must ensure that all staff persons receive this orientation before providing unsupervised direct support to individuals in your program and documentation of this is maintained in the SP’s personnel record. RECOMMENDATION The following recommendation is not a requirement of Minnesota Rules or laws governing your services or facility. This recommendation is provided to call your attention to areas where your facility or service is in minimum compliance with the requirements of rules or laws, but it would be advisable to strengthen your efforts in these areas. Failure to follow this recommendation will not result in a fine or action against your license at this time. However, should failure to follow recommendations result in a violation of rules or laws at a future date, you will be cited for noncompliance and may be subject to fines or action against your license. Area of Minimal Compliance: Minnesota Statutes, section 245D.095, subdivision 1. The license holder must ensure that the content and format of service recipient, personnel, and program records are uniform and legible according to the requirements of this chapter. The license holder maintained several documents in service recipient records that were hand written and difficult to read, specifically SP2’s outcome and support methods. Staff persons providing direct care to persons receiving services in your program must be able to read and understand the information in the persons’ record in order to implement the service plan. It is recommended that you develop the service recipient documents in a manner that is legible to staff persons responsible for implementing the service plans and any other person authorized to review the documents. Area of Minimal Compliance: Minnesota Statutes, section 245D.06, subdivision 4. Whenever the license holder assists a person with the safekeeping of funds or other property according to section 245A.04, subdivision 13, the license holder must obtain written authorization to do so from the person or the person's legal representative and the case manager. While P2 is generally independent in taking and managing their medications, the support plan from P2’s case manager identified that when P2 is experiencing suicidal thoughts, the license holder should safe keep P2’s medications. You currently do not have an authorization to safe keep P2’s property, including medications. It is recommended that you obtain this authorization, should you be required to safe keep P2’s medications in the future. 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 64953 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. Tiffany Solano, HCBS Licensor Licensing Division Office of Inspector General 651-431-6649
|
