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April 14, 2025 Hamza Haadoow, Authorized Agent Holding Care Company 711 West Lake Street STE 411 Minneapolis, Minnesota, 55408 License Number: 1110466 (245D – HCBS) CORRECTION ORDER Dear Hamza Haadoow: On March 13, 2025, a licensing review of Holding Care Company, located at 711 West Lake Street STE 411, Minnesota, 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 records were reviewed (P2), the license holder did not meet the requirements for abuse prevention plans as required. The license holder assessed P2 as not susceptible to physical and sexual abuse in P2’s individual abuse prevention plan (IAPP). P2 is a 92-year-old person with a history of falls and hospital stays. The license holder’s assessments contradicted information found elsewhere in P2’s record. The license holder failed to include an accurate assessment of P2’s susceptibility to physical abuse and sexual abuse. Corrective Action Ordered: Within 30 days of receiving this order, you must: · review and revise P2’s to include an individualized assessment of P2’s vulnerability to physical abuse and sexual abuse; and · include a statement of the specific measures that would be taken to minimize the risk of abuse to P2. On an ongoing basis, you must maintain compliance as required in this subdivision. 2. Citation: Minnesota Statutes, section 245D.04, subdivision 1. Violation: For one person whose record was reviewed (P2), the license holder did not provide the person a written notice that identified the service recipient rights and an explanation of those rights as required. The license holder failed to provide P2 with a written notice that identified the service recipient rights and an explanation of those rights within five working days of service initiation. Corrective Action Ordered: Within 30 days of receiving this order, you must: · provide P2 with a written notice that identified the service recipient rights and an explanation of those rights; and · maintain documentation of P2’s receipt of a copy and an explanation of the rights in P2’s service recipient record. On an ongoing basis, you must maintain compliance as required in this subdivision. 3. Citation: Minnesota Statutes, section 245D.10, subdivision 2. Violation: For two persons whose records were reviewed (P1 and P2), the license holder did not provide written notice of policies and procedures as required. The license holder failed to provide P1 and P2 with a compliant grievance policy at service initiation that complied with the requirements in 245D.10, subdivision 2. Corrective Action Ordered: Within 30 days of receiving this order, you must: · complete an audit of the grievance policy that was provided to all persons or their legal representatives and ensure the policy met the requirements in 245D.10, subdivision 2; · for persons or legal representatives that were provided a grievance policy that did not meet the requirements in 245D.10, subdivision 2; you must provide those persons or legal representatives with the policy titled “Grievance Policy” you maintained in your program records; · maintain documentation of the audit results in your program’s records; and · enforce the policy titled “Grievance Policy” that meets the requirements in 245D.10, subdivision 2 throughout your program. On an ongoing basis, you must maintain compliance as required in this subdivision. 4. Citation: Minnesota Statues, section 245D.10, subdivision 4. Violation: For two persons whose records were reviewed (P1 and P2), the license holder did not provide copies of policies and procedures as required. The license holder failed to inform P1’s and P2’s case manager of the policies and procedures that affect a person’s rights and provide copies of those policies and procedures, within five working days of service initiation. The license holder initiated P1’s services on August 30, 2023, and provide P1’s case manager with the policies and procedures on September 18, 2023. The license holder initiated P2’s services on March 13, 2024, and provided P2’s case manager with the policies and procedures on April 23, 2024. Corrective Action Ordered: On an ongoing basis, you must maintain compliance as required in this subdivision. 5. 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 service recipient records as required. The license holder failed to maintain progress or daily log notes for P1 and P2. Corrective Action Ordered: Immediately upon receiving this order, you must begin maintaining progress or daily log notes in P1’s and P2’s service recipient records. On an ongoing basis, you must maintain compliance as required in this subdivision. 6. Citation: Minnesota Statutes, section 245D.09, subdivision 4. Violation: For one of two staff persons whose records were reviewed (SP1), the license holder did not provide orientation training as required. The license holder failed to provide SP1 with training on the principles of person-centered service planning and delivery as identified in Minnesota Statutes, section 245D.07, subdivision 1a, and how they applied to direct support service provided by the staff person, within 60 days of hire. Corrective Action Ordered: Within 30 days of receiving this order, you must provide SP1 with the above-mentioned training, and maintain documentation of this training in SP1’s personnel record. On an ongoing basis, you must maintain compliance as required in this subdivision. 7. Citation: Minnesota Statutes, section 245D.09, subdivision 5. Violation: For two staff persons whose records were reviewed (SP1 and SP2), the license holder did not provide annual training as required. Minnesota Statutes, section 245A.02, subdivision 2b defines “annual” or “annually” to mean prior to or within the same month of the subsequent calendar year. The license holder failed to provide SP2 with annual training in 2024 in the following areas: · vulnerable adults maltreatment reporting and internal review; · maltreatment of minors reporting and internal review; · data privacy requirements according to sections 13.01 to 13.10 and 13.46, the federal Health Insurance Portability and Accountability Act of 1996 (HIPPA), and staff responsibilities related to complying with data privacy practices; · service recipient rights and staff responsibilities related to ensuring the exercise and protection of those rights; · principles of person-centered service planning and delivery and how they apply to direct support provided by the staff person; · the safe and correct use of manual restraint on an emergency basis according to the requirements in section 245D.061 and what constitutes the use of restraints, time out, and seclusion, including chemical restraint; · staff responsibilities related to prohibited procedures under section 245D.06 subdivision 5, why such procedures are not effective for reducing or eliminating symptoms or undesired behavior, and why such procedures are not safe; · strategies to minimize the risk of sexual violence, including concepts of healthy relationships, consent, and bodily autonomy of people with disabilities; and · basic first aid. Corrective Action Ordered: Within 30 days of receiving this order, you must: · provide SP2 with the above-mentioned training topics; and · maintain documentation of this training in SP2’s personnel record. On an ongoing basis, you must maintain compliance as required in this subdivision. 8. Citation: Minnesota Statutes, section 245D.095, subdivision 5. Violation: For one staff person whose record was reviewed (SP2), the license holder did not maintain personnel records as required. The license holder failed to maintain a personnel record for SP2 that included: · documentation of training; · the date the training was completed; · the numbers of hours per subject area; and · the name of the trainer or instructor. Corrective Action Ordered: Within 30 days of receiving this order, you must maintain a personnel record for SP2 that includes the above-mentioned information. 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. Kate Spenger, Human Services Licensor Licensing Division Office of Inspector General 651-431-5757
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