|
April 21, 2025 May Yang, Authorized Agent Southview Adult Day Center 835 Southview Boulevard South Saint Paul, Minnesota 55075 License Number: 1100438 (Rule 223) CORRECTION ORDER Dear May Yang: On April 10, 2025, a licensing review of Southview Adult Day Center located at 835 Southview Boulevard, South Saint Paul, Minnesota was conducted to determine compliance with Minnesota Statutes and Rules governing adult day care services under Minnesota Rules, parts 9555.9600 through 9555.9730 (Rule 223). 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 Rules, part 9555.9660, subpart 1. Violation: For one of three participants whose record was reviewed (P3), the license holder did not include information in the participant’s written record as required. The license holder failed to maintain a medical report in P3’s record, dated within the three months prior to or 30 calendar days after P3’s admission to the center, signed by a physician or signed by a physician assistant or registered nurse and cosigned by a physician, that included: · a report on a physical examination; · P3’s medical history; · indication of dietary restriction and medication regimen, including the need for medication assistance that apply to P3; · a release signed by the physician indicating whether P3 may engage in a structured exercise program; and · documentation that P3 was free from communicable disease or infestations, as specified in parts 4605.7000 to 4605.7090, that would endanger the health of other participants. Repeat Violation: In a Correction Order that DHS issued on February 10, 2025, you were previously found in violation of this same rule. Corrective Action Ordered: Within 30 days of receiving this order, you must maintain the information detailed above in P3’s record. On an ongoing basis, you must maintain compliance as required in this subpart. 2. Citation: Minnesota Rules, part 9555.9700, subpart 2. Violation: For two participants whose records were reviewed (P1 and P2), the license holder did not complete initial service planning as required. The license holder failed to conduct needs assessments for P1 and P2 that addressed the participant’s physical status, determined by observation, from the intake screening interview, and from the medical report received from P1 and P2’s physician. Repeat Violation: In a Correction Order that DHS issued on February 10, 2025, you were previously found in violation of this same rule. Corrective Action Ordered: Within 30 days of receiving this order, you must update P1 and P2’s needs assessments to include information from the medical report received by P1 and P2’s physician. On an ongoing basis, you must maintain compliance as required in this subpart. 3. Citation: Minnesota Statutes, section 245A.65, subdivision 1, paragraph (a), part (2). Violation: The license holder did not establish written policies and procedures related to suspected or alleged maltreatment as required. The license holder failed to establish a policy and procedures related to suspected or alleged maltreatment that: · identified the secondary person or position to whom internal reports may be made and the secondary person or position responsible for forwarding the internal reports to the common entry point; and · identified the secondary person or position who will ensure that, when required, internal reviews are completed.
The license holder’s policy identified the “Center Director” as the primary position and the “Owner” as the secondary position; however, these positions were both held by the authorized agent. Repeat Violation: In a Correction Order that DHS issued on February 10, 2025, you were previously found in violation of this same statute. Corrective Action Ordered: Immediately, you must update establish policies and procedures related to suspected or alleged maltreatment that: · identifies the secondary person or position to whom internal reports may be made and a secondary person or position responsible for forwarding the internal reports to the common entry point; and · identifies the secondary person or position who will ensure that, when required, internal reviews are completed. Additionally, you must post a copy of the internal and external reporting policies and procedures in a prominent location in the center. 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. Desiree Tiller, HCBS Licensor Licensing Division Office of Inspector General 651-431-4622
|
