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April 21, 2025 Becky L Garivay, Authorized Agent Minnesota Home Health Services LLC Hastings, Minnesota 55003-2930 License Number: 1109603 (245D – HCBS) CORRECTION ORDER Dear Becky L Garivay: On April 2, 2025, a licensing review of Minnesota Home Health Services LLC, located at 1635 Oak Street, Hastings, 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, 245D.07, subdivision 2, paragraph (c). Violation: For one of three persons whose records were reviewed (P3), the license holder did not review and revise the preliminary support plan addendum as required. The license holder failed to review and revise P3’s preliminary support plan addendum as needed to document how services will be provided and the person responsible for overseeing the delivery and coordination of services. Repeat Violation: The license holder was cited for a similar violation in a correction order dated October 11, 2024. Corrective Action Ordered: Within 30 days of receiving this order, you must review and revise P3’s support plans to document the above and submit evidence of this to your licensor. On an ongoing basis, you must maintain compliance as required in this subdivision. 2. 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 and ensure completion of orientation training as required. The license holder failed to provide the following orientation training to SP1: · the license holder’s policies and procedures under this chapter, including their location and access, and staff responsibilities related to the implementation of those policies and procedures; · the service recipient rights and staff responsibilities related to ensuring the exercise and protection of those rights according to the requirements in section 245D.04; · sections 245A.65, 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. This orientation must be provided within 72 hours of first providing direct contact services and annually thereafter according to section 245A.65, subdivision 3; · the principles of person-centered service planning and delivery as identified in section 245D.07, subdivision 1a, and how they apply to direct support service 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 or successor provisions, 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, or successor provisions, 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. Repeat Violation: The license holder was cited for a similar violation in a correction order dated October 11, 2024. Corrective Action Ordered: Within 30 days of receiving this order you must provide the above-mentioned trainings to SP1 and submit evidence of this to your licensor. On an ongoing basis, you must maintain compliance as required in this subdivision. 3. Citation: Minnesota Statutes, section 245D.09, subdivision 4a, paragraph (a). Violation: For one staff person whose record was reviewed (SP1), the license holder did not provide orientation to the individual service recipient needs as required. The license holder failed to provide SP1 orientation to the individual service recipient needs prior to having unsupervised direct contact with a person served by the program. Repeat Violation: The license holder was cited for a similar violation in a correction order dated October 11, 2024. Corrective Action Ordered: Within 30 days of receiving this order, you must provide SP1 orientation to individual service recipient needs and submit evidence of this to your licensor. On an ongoing basis, you must maintain compliance as required in this subdivision. 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. Robert Romani, HCBS Licensor Licensing Division Office of Inspector General 651-431-3658
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