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April 18, 2025 Arnold Nkuo Kubei, Authorized Agent Metro Care Human Services 2056 Woodlane Drive Woodbury, MN 55125-2917 License Number: 1124436 (IRTS/RCS) Program Location: 2545 70th Street East, Inver Grove Heights, MN 55076-2043 Report No.: 202500825 Dear Arnold Nkuo Kubei: On March 17, 2025, the Minnesota Department of Human Services (DHS), Division of Licensing, received your request for reconsideration of the citations in the Correction Order issued to you by the Department of Human Services on March 11, 2025.
Citation 1: Violation: For four of nineteen personnel files reviewed (SP1, SP2, SP3 and SP4), the individual’s background study was not affiliated under the correct roster as follows: · For SP1 and SP3, the background study was initiated under license number 1114929, but SP1 and SP3 began direct contact on November 4, 2024, and were not affiliated to the roster for 1124436. · For SP2, the background study was initiated under license number 1114929, but SP2 began direct contact on December 1, 2024, and was not affiliated to the roster for 1124436. · For SP4, the background study was initiated under license number 1114929, but SP4 began direct contact on December 9, 2024, and was not affiliated to the roster for 1124436. Request for Reconsideration. You submitted a letter in which you indicate the citation was incorrect because the program has not yet served clients.
Reconsideration Determination. Under Minnesota Statutes, section 245C.07, paragraph (a), provides that when a license holder owns multiple programs or services that are licensed by the Department of Human Services, only one background study is required for an individual who provides direct contact services in one or more of the licensed programs or services if specified conditions are met. Paragraph (f) requires that for a background study to be transferrable, the background study must be on and moving to a roster for which the person designated to receive the sensitive background study information is the same. You acknowledged in the reconsideration request that the personnel files identified in the violation did not have background studies associated with the active roster for license number 1124436. You indicate the program has not served any clients under the IRTS facility associated with that license number. However, documentation obtained by the licensor prior to the licensing investigation showed that the first client for license number 1124436 was served on November 4, 2024, and further information obtained during the licensing investigation confirmed that date as when the first client was served. The client was discharged on November 15, 2024. Staff schedules showed that each of the four staff persons cited in the violation provided direct contact services during the time clients were served under license number 1124436. There is therefore sufficient evidence to support the citation, and it is affirmed. Citation 2: Violation: Fourteen of nineteen personnel files reviewed (SP1, SP2, SP3, SP4, SP5, SP6, SP7, SP8, SP9, SP11, SP16, SP17, SP18 and SP24) did not contain documentation of the first date the staff person had direct contact with a person served by the license holder’s program. Specifically, the date of direct contact documented for the staff person was for another license held by the license holder. Request for Reconsideration. You submitted a letter in which you indicate the citation was incorrect because the program is unable to provide a date on which services were first provided as staff persons have not yet served clients.
Reconsideration Determination. Under Minnesota Statutes, section 245A.041, subdivision 6, license holders must document the first date that a background study subject as direct contact, as defined in section 245C.02, subdivision 11, with a person served by the license holder’s program. Documentation obtained by the licensor showed that clients had been served by the program, and documentation of the first date of direct contact was not maintained by the license holder as required. There is therefore sufficient evidence to support the citation, and it is affirmed. Disposition: The Commissioner has reviewed the license holder’s request for reconsideration and all the information submitted in response to the correction order. The Commissioner finds there is sufficient evidence to support the citations, and they are affirmed. This is a final agency decision. Sincerely,
Frances Simon Standing, Attorney Legal Counsel’s Office Office of Inspector General
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