Minnesota

April 29, 2025

Abdiqadir Abdi-Omar, Authorized Agent

Apollo Care Services LLC

1820 Old Highway 8 Northwest

Suite 2-100

New Brighton, Minnesota 55112

License Number: 1106072 (245D – HCBS)

CORRECTION ORDER

Dear Abdiqadir Abdi-Omar:

On April 21, 2025, a licensing review of Apollo Care Services LLC, located at 1820 Old Highway 8 Northwest, New Brighton, 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 1.

Violation: For one of three persons whose record was reviewed (P1), the license holder did not provide an orientation to the internal and external reporting procedures of alleged or suspected maltreatment of vulnerable adults as required.

The license holder failed to provide P1 an orientation to the internal and external reporting procedures of alleged or suspected maltreatment of vulnerable adults within 24 hours of admission of employment services on March 21, 2023.

Corrective Action Ordered: Within 30 days of receiving this order, you must provide P1 with the above-mentioned orientation.

On an ongoing basis, you must maintain compliance as required in this subdivision.

2. Citation: Minnesota Statutes, section 245A, subdivision 2.

Violation: For three persons whose record were reviewed (P1, P2, and P2), the license holder did not maintain abuse prevention plans as required.

The license holder failed to develop an individualized abuse prevention plan (IAPP) for P1, P2 and P3 that included an individualized assessment of P1, P2 and P3’s susceptibility to abuse by other individuals, including other vulnerable adults and P1, P2 and P3’s risk of abusing other vulnerable adults.

Additionally, the license holder failed to:

· review the IAPP for P1 annually in 2023;

· develop an IAPP as part of the initial individual program plan or service plan prior to or upon service initiation to P1’s employment services on March 21, 2023.

Corrective Action Ordered: Within 60 days of receiving this order, you must:

· revise P1, P2 and P3’s IAPP to contain an individualized assessment of P1, P2 and P3’s susceptibility to abuse and include a statement of the specific measures that would be taken to minimize the risk of abuse;

· review P1, P2 and P3’s revised IAPP with P1, P2 and P3, P2’s and P3’s legal representative, and P1’s, P2’s and P3’s case managers. You must maintain documentation with the date the IAPP was reviewed in P1’s, P2’s and P3’s service recipient record;

· submit the revised IAPP for P1, P2, and P3 to your assigned licensor.

On an ongoing basis, you must maintain compliance as required in this subdivision.

3. Citation: Minnesota Statutes, section 245D.07, subdivision 2 and subdivision 3.

Violation: For one person whose record was reviewed (P1), the license holder did not meet service planning and delivery requirements for basic support services.

a. The license holder failed to review and revise, as needed, P1’s support plan addendum within 60 days of service initiation on November 10, 2022. The license holder completed this requirement on April 29, 2024.

b. The license holder failed to participate in an annual service plan review meeting in November 2023, with P1 and P1’s support team, following the stated timeline assigned in P1’s support plan addendum. The license holder completed the above-mentioned on April 29, 2024.

c. The license holder failed to provide written reports regarding P1’s progress or status as assigned in P1’s support plan addendum in November 2023 to P1 and P1’s support team. The license holder completed this requirement on October 2, 2024.

Corrective Action Ordered: On an ongoing basis, you must maintain compliance as required in this subdivision.

4. Citation: Minnesota Statutes, section 245D.071, subdivision 3.

Violation: For two persons whose records were reviewed (P1 and P2), the license holder did not meet initial service planning requirements for intensive support services as required.

a. The license holder failed to complete a preliminary support plan addendum based on P1’s support plan, within 15 days of service initiation March 21, 2023. The license holder completed this requirement on April 29, 2024.

b. The license holder failed to hold an initial planning meeting with P1 and P2, P2’s legal representative, P1’s and P2’s case manager and other members of the support team or expanded support team within 60 calendar days of service initiation to determine the following:

· the scope of services to be provided to support the person’s daily needs and activities;

· the person’s desired outcomes and the supports necessary to accomplish the desired outcomes;

· the person’s preferences for how services and supports are provided, including how the provider will support the person to have control of their schedule;

· whether the current service setting is the most integrated setting available and appropriate for the person;

· opportunities to develop and maintain essential and life-enriching skills, abilities, strengths, interests, and preferences;

· opportunities for community access, participation, and inclusion in preferred community activities;

· opportunities to develop and strengthen personal relationships with other persons of the person's choice in the community;

· opportunities to seek competitive employment and work at competitively paying jobs in the community; and

· how services must be coordinated across other providers licensed under this chapter serving the person and members of the support team or expanded support team to ensure continuity of care and coordination of services for the person.

The license holder completed this requirement for P1 on April 29, 2024, and for P2 on August 28, 2023.

c. The license holder failed to complete assessments in the following areas for P1 and P2 within 60 calendar days of service initiation.

· the person’s ability to self-manage health and medical needs to maintain or improve physical, mental, and emotional well-being, including, when applicable, allergies, seizures, choking, special dietary needs, chronic medical conditions, self-administration of medication or treatment orders, preventative screening, and medical and dental appointments;

· the person’s ability to self-manage personal safety to avoid injury or accident in the service setting, including, when applicable, risk of falling, mobility, regulating water temperature, community survival skills, water safety skills, and sensory disabilities; and

· the person’s ability to self-manage symptoms or behavior that may otherwise result in an incident as defined in section 245D.02, subdivision 11, clauses (4) to (7), suspension or termination of services by the license holder, or other symptoms or behaviors that may jeopardize the health and welfare of the person or others.

d. Additionally, the license holder failed to include a discussion of how technology might be used to meet the person’s desired outcomes at this meeting and maintain a summary of this conversation in P1 and P2’s support plan or support plan addendum that included a statement in the summary regarding any decision that is made regarding the use of technology and a description of any further research that needs to be completed before a decision regarding the use of technology can be made.

The license holder completed the above-mentioned for P1 on April 29, 2024, and for P2 on August 28, 2023.

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 record 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 that are recorded by the program in P1’s and P2’s service recipient records:

· P1’s first recorded daily log notes on December 2022, and again on a consistent basis on April 27, 2023, when services were initiated on November 10, 2022.

· P2’s first recorded daily log notes on September 29, 2023, when services were initiated on June 16, 2023.

          

Corrective Action Ordered: On an ongoing basis, you must maintain compliance as required in this subdivision.

6. Citation: Minnesota Statutes, section 245D.10, subdivision 4.

Violation: For one person whose records was reviewed (P1) the license holder did not inform and provide policies and procedures to the case manager as required.

The license holder failed to inform and provide copies of the following policies and procedures affecting a person’s rights under section 245D.04 to P1’s case manager within five working days of individualized home support service initiation on November 10, 2022:

· grievance policy and procedure;

· service suspension policy and procedure;

· termination policy and procedure; and

· emergency use of manual restraints policy and procedure.

The license holder failed to inform and provide copies of the following policies and procedures affecting a person’s rights under section 245D.04 to P1 and P1’s case manager within five working days of employment support service initiation on March 21, 2023:

· grievance policy and procedure;

· service suspension policy and procedure;

· termination policy and procedure; and

· emergency use of manual restraints policy and procedure; and

· data privacy requirements.

Corrective Action Ordered: Within 30 days of receiving this order, you must provide the policies and procedures identified above to P1 and P1’s case manager.

On an ongoing basis, you must maintain compliance as required in this subdivision.

7. Citation: Minnesota Rule 9544.0030, subpart 1.

Violation: For two persons whose records were reviewed (P1 and P2), the license holder did not evaluate positive support strategies as required.

The license holder failed to evaluate with P1 and P2 whether identified positive support strategies currently met the standards in Minnesota Rules 9544.0030, subpart 2, as required at least every 6 months.

Corrective Action Ordered: Within 60 days of receiving this order, you must:

· evaluate P1 and P2’s positive support strategies;

· maintain documentation of the above-mentioned for review by DHS licensors.

On an ongoing basis, you must maintain compliance as required in this subpart.

8. Citation: Minnesota Statutes, section 245D.09, subdivision 4.

Violation: For two of two staff persons whose records were reviewed (SP1 and SP2), the license holder did not provide orientation training as required.

The license holder failed to provide SP1 and SP2 with an orientation to the following within 60 calendar days of hire:

· basic first aid; and

· strategies to minimize the risk of sexual violence, including concepts of health relationships, consent, and bodily autonomy of people with disabilities.

Additionally, the license holder failed to provide SP2 with an orientation to 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 within 60 calendar days of hire.

Corrective Action Ordered: Within 60 days of receiving this order, you must provide SP1 and SP2 with the orientation and training identified above and maintain documentation of this training in their personnel record.

On an ongoing basis, you must maintain compliance as required in this subdivision.

9. Citation: Minnesota Statutes, section 245D.09, subdivision 5.

Violation: For one staff person whose records was reviewed (SP2), the license holder did not provide annual training as required.

The license holder failed to provide SP2 with annual training on the following topics in 2023 and 2024 as required:

· 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;

· 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;

· 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;

· strategies to minimize the risk of sexual violence, including concepts of healthy relationships, consent, and bodily autonomy of people with disabilities; and

· 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.

The license holder provided the above-mentioned training to SP2 in 2025.

Corrective Action Ordered: On an ongoing basis, you must maintain compliance as required in this subdivision.

10. Citation: Minnesota Statutes, section 245D.095, subdivision 5.

Violation: For one staff person whose records was reviewed (SP1), the license holder did not maintain personnel records as required.

The license holder failed to maintain documentation in SP1’s personnel record or elsewhere, sufficient to determine the dates of first supervised and unsupervised direct contact with a person served by the program.

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.

Kelly Bosch, HCBS Licensor

Licensing Division

Office of Inspector General

651-431-6621


PO Box 64242 • Saint Paul, Minnesota • 55164-0242 • An Equal Opportunity and Veteran Friendly Employer

https://mn.gov/dhs/general-public/licensing/