|
April 16, 2025 Zuhaib Ahmed Abdullahi, Authorized Agent Charm Care Services LLC 1710 Douglas Drive North Suite 100 Golden Valley, Minnesota 55422-4397 License Number: 1084039 (245D – HCBS) CORRECTION ORDER Dear Zuhaib Ahmed Abdullahi: On April 3, 2025, a licensing review of Charm Care Services LLC, located at 1710 Douglas Drive North Suite 100 Golden Valley, 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 245D.07, subdivision 2. Violation: For two of two persons whose records were reviewed (P1 and P2), the license holder did not complete responsibilities related to service planning for basic support services as required. a. The license holder failed to review and revise P1’s preliminary support plan addendum to document the services that will be provided including how, when, and by whom services will be provided within 60 calendar days of service initiation. The license holder initiated P1’s individualized home supports with training service on April 15, 2024, and the license holder reviewed P1’s preliminary support plan addendum on August 21, 2024. b. The license holder provided multiple services to P2. The license holder failed to ensure that P2’s support plan addendum identified how services were to be provided for each service, including how, when and by whom. Corrective Action Ordered: Within 30 days of receiving this order, you must review and update P2’s support plan addendum to include how each of P2’s services will be provided including how, when and by whom. On an ongoing basis, you must maintain compliance as required in this subdivision. 2. Citation: Minnesota Statutes, section 245D.095, subdivision 2. Violation: The license holder did not maintain an admission and discharge register as required. The license holder failed to keep a written or electronic register, listing in chronological order the dates and names of all persons served in the program who have been admitted, discharged, or transferred, including service termination initiated by the license holder or deaths. Corrective Action Ordered: Within 30 days of receiving this order, you must keep a written or electronic register, that includes all the above-mentioned information. On an ongoing basis, you must maintain compliance as required in this subdivision. 3. Citation: Minnesota Rules, 9544.0030, subpart 1. Violation: For one person whose record was reviewed (P2), the license holder did not evaluate positive support strategies as required. The license holder failed to review and evaluate the identified positive support strategies with P2 at least every six months, and based upon the results of the evaluation determine whether changes are needed in the positive support strategies used, and if so, make appropriate changes. Corrective Action Ordered: Within 30 days of receiving this order, you must: · evaluate with P2 the identified positive support strategies and document the evaluation in P2’s service recipient record; and · based upon the results of the evaluation, you must determine whether changes are needed in the positive support strategies used, and if so, make appropriate changes. On an ongoing basis, you must maintain compliance as required in this subpart. 4. Citation: Minnesota Statutes, section 245D.09, subdivision 4a. Violation: For one of two staff persons whose record was reviewed (SP1), the license holder did not provide orientation to individual service recipient needs as required. The license holder failed to provide SP1 with instruction on P1’s medication assistance procedures as established in P1’s support plan addendum. Corrective Action Ordered: Within 30 days of receiving this order, you must provide SP1 with instruction on P1’s medication assistance procedures. You must maintain documentation of this training in SP1’s personnel record. On an ongoing basis, you must maintain compliance as required in this subdivision. 5. Citation: Minnesota Statutes, section 245D.09, subdivision 5. Violation: For one staff person whose record was reviewed (SP2), the license holder did not provide annual training as required. The license holder failed to provide and ensure completion of annual training to SP2 in 2025 in the following areas: · data privacy requirements according to Minnesota Statutes, sections 13.01 to 13.10 and 13.46, the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA), 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 according to the requirements in 245D.04; · sections 245A.56, 245A.66, and 626.557 and chapter 260E, governing maltreatment reporting and service planning for children and vulnerable adults and staff responsibilities related to protecting persons from maltreatment and reporting maltreatment; · 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 SP2; · 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; · basic first aid; and · strategies to minimize the risk of sexual violence, including concepts of healthy relationships, consent, and bodily autonomy of people with disabilities.
The license holder most recently provided SP2 with these trainings in March 2024. Corrective Action Ordered: Within 30 days of receiving this order, you must provide SP2 with training on the above-mentioned topic areas and maintain this documentation in SP2’s personnel record. On an ongoing basis, you must maintain compliance as required in this subdivision. 6. Citation: Minnesota Statutes, section 245D.095, subdivision 5. Violation: For two staff persons whose records were reviewed (SP1 and SP2), the license holder did not maintain personnel records as required. The license holder failed to maintain documentation in SP1’s and SP2’s personnel records that included the date the training was completed, the number of hours per subject area, and the name of the trainer or instructor for each topic area. Corrective Action Ordered: 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 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. Katie Gillman, HCBS Licensor Licensing Division Office of Inspector General 651-431-2656
|
