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May 09, 2025 Youa Her, Authorized Agent Elder Care Day Services 1619 Leone Avenue License Number: 1076075 (Rule 223) CORRECTION ORDER Dear Youa Her: On May 08, 2025 a licensing review of Elder Care Day Services located at 1619 Leone Avenue, 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 participants’ written record as required. The license holder failed to maintain a medical report for P3, dated within the three months prior to or 30 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. P3 was admitted to the center on May 21, 2024. The license holder maintained a medical report that was dated July 16, 2024.
2. Citation: Minnesota Rules, part 9555.9700, subpart 3. Violation: For three participants whose records were reviewed (P1-P3), the license holder did not develop a written plan of care as required. The license holder failed to develop a written plan of care for P1-P3 that included an update of the preliminary service plan and additional services required by the participants’.
3. Citation: Minnesota Rules, part 9555.9650, item A. The license holder failed to maintain documentation of an annual performance evaluation in SP2’s personnel record.
4. Citation: Minnesota Statutes, section 245A.65, subdivision 3. Violation: For one staff person whose record was reviewed (SP2), the license holder did not provide annual review to a mandated reporter as required. The license holder failed to provide SP2 annual review to the reporting requirements and definitions in sections 626.557 and 626.5572, the requirements of this section, the license holder's PAPP, and all internal policies and procedures related to the prevention and reporting of maltreatment of individuals receiving services.
5. Citation: Minnesota Rules, part 9555.9690, subpart 4. Violation: For one staff person whose record was reviewed (SP2), the license holder did not provide in-service training annually as required. The license holder failed to provide SP2 a minimum of eight hours of in-service training annually in the following areas: · areas related to care of center participants, including provision of medication assistance; and · review of parts 9555.9600 to 9555.9730.
6. Citation: Minnesota Rules, part 9555.9720, subparts 7 and 8. Violation: The license holder did not ensure safety as required. a. The license holder failed to ensure equipment and furniture was in good repair, including ceiling tiles with water damage within the center. b. The license holder failed to ensure the areas used by participants were free from loose plaster and peeling paint, including areas with chipped sheetrock and peeling paint throughout the center.
· ensure equipment and furniture are in good repair as detailed above; and · ensure areas used by participants are free from chipped sheetrock and peeling paint. On an ongoing basis, you must maintain compliance as required in these subparts. 7. Citation: Minnesota Rules, part 9555.9730, subpart 3. Violation: The license holder did not ensure physical plant and space requirements. The license holder failed to ensure restrooms used by participants were equipped with a mechanism that participants can use to signal staff members by light or by sound if participants need assistance.
8. Citation: Minnesota Statutes, section 245A.65, subdivision 2, paragraph (a). Violation: The license holder did not meet the requirements for the program abuse prevention plan (PAPP). The license holder failed to ensure the governing body or the governing body’s delegated representative reviewed the PAPP as least annually in 2024, using the assessment factors in the plan; and any substantiated maltreatment findings that occurred since the last review. The license holder maintained documentation that their PAPP was most recently reviewed in October, 2023.
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 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. Alexandra Devick, HCBS Human Services Licensor Licensing Division Office of Inspector General 651-431-4626
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