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May 15, 2025 Sahra Mohamud, Authorized Agent Spectrum Home Health Care LLC 110 Second Street South Suite 204 Waite Park, Minnesota 56387 License Number: 1083974 (245D – HCBS) CORRECTION ORDER Dear Sahra Mohamud, On April 30, 2025, a licensing review of Spectrum Home Health Care LLC, located at 110 Second Street South, Suite 204, Waite Park, 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, 245A.65, subdivision 2, paragraph (b), clause (2). Violation: For one of two persons whose record was reviewed (P2), the license holder did not develop an individual abuse prevention plan (IAPP) as required. Minnesota Statutes, section 245A.02, subdivision 2b defines “annual” or “annually” to mean prior to or within the same month of the subsequent calendar year. The license holder failed to document the review of P2’s IAPP annually as required in 2022. Corrective Action Ordered: On an ongoing basis, you must maintain compliance as required in this subdivision. 2. Citation: Minnesota Statutes, 245D. 04, subdivision 1. Violation: For one person whose record was reviewed (P2), the license holder did not provide service recipient rights as required. The license holder failed to provide P2 with a written notice that identified the service recipient rights and an explanation of those rights annually as required in2024. Corrective Action Ordered: On an ongoing basis, you must maintain compliance as required in this subdivision. 3. Citation: Minnesota Statutes, 245D.10, subdivision 4. Violation: For one person whose record was reviewed (P2), the license holder did not provide copies of policies and procedures as required. The license holder initiated P2’s services on October 6,2021. The license holder failed to inform P1’s case manager of and provide copies of the following policies and procedures within five working days of service initiation: · grievance policy and procedure; · service suspension policy and procedure; · service termination policy and procedure; · emergency use of manual restraints policy and procedure; and · data privacy. Corrective Action Ordered: On an ongoing basis, you must maintain compliance as required in this subdivision. 4. Citation: Minnesota Statutes, section 245D.09, subdivision 4. Violation: For one staff person whose record was reviewed (SP3), the license holder did not provide orientation training as required. a. The license holder failed to provide SP3 with an orientation to the following within 60 calendar days of hire: · 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; · 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 services 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. b. The license holder failed to provide SP3 with an orientation to the following policies and procures required under Minnesota Statutes, chapter 245D, including their location, access, and staff responsibilities related to the implementation of those policies and procedures, including within 60 days of hire: · consumer grievance and complaint procedures; · consumer temporary service suspension; · consumer service termination; · prohibition of drug and alcohol use policy; and · emergency use of manual restraint. Corrective Action Ordered: Within 30 days of receiving this order, you must: · provide SP3 with an orientation to the training requirements identified above; · complete an audit of all staff records to ensure all required training has been completed and is current per the requirements of this chapter; and · provide any lapsed trainings identified in the audit to the staff persons and maintain documentation of this training as required in section 245D.095, subdivision 5. On an ongoing basis, you must maintain compliance as required in this subdivision. 5. Citation: Minnesota Statutes, section 245D.09, subdivision 4a. Violation: For two staff persons whose records were reviewed (SP2 and SP3), the license holder did not provide orientation to individual service recipient needs as required. a. The license holder failed to provide SP2 with the instructions on P1’s medication assistance procedures as established in P1’s support plan addendum before having unsupervised direct contact with P1. b. The license holder failed to provide SP3 with the following training before having unsupervised direct contact with a person served by the program: · orientation to the individual service recipient needs; · the person’s support plan or support plan addendum; and · the person’s individual abuse prevention plan (IAPP), to achieve and demonstrate an understanding of the person as a unique individual, and how to implement those plans. Corrective Action Ordered: Within 30 days of receiving this order, you must: · provide SP2 and SP3 with an orientation to the training requirements identified above; · complete an audit of all staff records to ensure all required training has been completed and is current per the requirements of this chapter; and · provide any lapsed trainings identified in the audit to the staff persons and maintain documentation of this training as required in section 245D.095, subdivision 5. On an ongoing basis, you must maintain compliance as required in this subdivision. 6. Citation: Minnesota Statutes, section 245D.09, subdivision 5. Violation: For one staff person whose record was reviewed (SP3), the license holder did not provide annual training as required. The license holder failed to provide SP3 with annual training in 2021-2024 on the following topics prior to or within the same month of the subsequent calendar year 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; · 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. Corrective Action Ordered: Within 30 days of receiving this order, you must: · provide SP3 with the annual training requirements identified above; · complete an audit of all staff records to ensure all required training has been completed and is current per the requirements of this chapter; and · provide any lapsed trainings identified in the audit to the staff persons and maintain documentation of this training as required in section 245D.095, subdivision 5. On an ongoing basis, you must maintain compliance as required in this subdivision. 7. Citation: Minnesota Statutes, section 245D.095, subdivision 5. Violation: For one staff person whose record was reviewed (SP3), the license holder did not maintain personnel records as required. a. The license holder failed to maintain personnel records for SP3 that documented staff orientation and training, including the date the training was completed, the number of hours per subject area, and the name of the trainer or instructor. b. The license holder failed to maintain documentation in SP3’s personnel record or elsewhere, sufficient to determine the date of first supervised direct contact with a person served by the program, and the date of first unsupervised 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
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