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June 12, 2025 Joseph Salas, Authorized Agent Homestay Services 765 Minnehaha Avenue West St. Paul, MN 55104 License Number: 1094658 (245D-HCBS) Dear Joseph Salas: The Minnesota Department of Human Services (DHS), Division of Licensing, received your request for reconsideration regarding citations 11 and 12 in the Correction Order issued to you on May 5, 2025. After an independent review of the record, the Commissioner has determined there is sufficient evidence to support the citations. You did not challenge the remaining citations, and those citations are final and not within the scope of this review. Reconsideration Determination Citation 11 The citation was issued because the license holder did not ensure the delivery and evaluation of services provided were coordinated by the designated staff person as required. Specifically, the designated coordinator identified by the license holder (SP3) failed to provide supervision, support, and evaluation of activities that include: · oversight of the license holder’s responsibilities assigned in the person’s service and support plan and the service and support plan addendum; · taking the necessary action to facilitate the accomplishment of the outcomes according to the requirements in section 245D.07; · instruction and assistance to direct support staff implementing the support plan and the service outcomes, including direct observation of service delivery sufficient to assess staff competency; and · evaluation of the effectiveness of service delivery, methodologies, and progress on the person’s outcomes based on the measurable and observable criteria for identifying when the desired outcome has been achieved according to the requirements in section 245D.07. The failure to provide coordination and evaluation of individual service delivery is evidenced in citations 1 through 10 as detailed in the correction order. Applicable Law Under Minnesota Statutes, section 245D.081, subdivision 2, delivery and evaluation of services provided by the license holder must be coordinated by a designated staff person. The designated coordinator must provide supervision, support, and evaluation of activities as specified in the statute, including: oversight of the license holder’s responsibilities assigned in the person’s support plan and the support plan addendum; taking the action necessary to facilitate the accomplishment of the outcomes according to requirements in section 245D>07; instruction and assistance to direct support staff implementing the support plan and service outcomes, including direct observation of service delivery sufficient to assess staff competency; and evaluation of the effectiveness of service delivery, methodologies, and progress on the person’s outcomes based on the measurable and observable criteria for identifying when the desired outcome has been achieved according to requirements in section 245D.07.
Your Response You submitted a letter in which you indicated program staff consists of only four persons, including the designated coordinator and designated manager, and that services are provide in a person-centered manner. You also indicated you recognize the need to increase knowledge of applicable rules and regulations and that you immediately began doing so after receiving the correction order. You did not indicate you believe the citation was incorrect, but you indicate you are requesting reconsideration of the decision to replace the designated coordinator and designated manager. Reconsideration Determination The scope of this review is limited to a determination of whether there is sufficient evidence to support the citation or whether the citation was issued in error. You did not dispute the accuracy of the citation or provide documentation to demonstrate that it was incorrect. There is sufficient evidence to support citation 11, and it is affirmed. Citation 12 The citation was issued because the license holder did not ensure that the designated managerial staff person provided program management and oversight of the services provided as required. Specifically, the designated manager identified by the license holder (SP4) failed to provide program management and oversight of the services provided by being responsible for the following: · maintaining a current understanding of the licensing requirements sufficient to ensure compliance throughout the program; · ensuring the duties of the designated coordinator are fulfilled; and · ensuring staff competency requirements are met. The failure to provide program management and oversight of services provided is evidenced in citations 1 through 10 as detailed in the correction order. Applicable Law Under Minnesota Statutes, section 245D.081, subdivision 3, the license holder must designate a managerial staff person or persons to provide program management and oversight of the services provided by the license holder. The designated manager is responsible for responsibilities as listed in the statute, including the following: maintaining a current understanding of the licensing requirements sufficient to ensure compliance throughout the program; ensuring the duties of the designated coordinator are fulfilled; and ensuring staff competency requirements are met. Your Response You submitted a letter in which you indicated program staff consists of only four persons, including the designated coordinator and designated manager, and that services are provide in a person-centered manner. You also indicated you recognize the need to increase knowledge of applicable rules and regulations and that you immediately began doing so after receiving the correction order. You did not indicate you believe the citation was incorrect, but you indicate you are requesting reconsideration of the decision to replace the designated coordinator and designated manager. Reconsideration Determination The scope of this review is limited to a determination of whether there is sufficient evidence to support the citation or whether the citation was issued in error. You did not dispute the accuracy of the citation or provide documentation to demonstrate that it was incorrect. There is sufficient evidence to support citation 12, and it is affirmed. Disposition The Commissioner has reviewed the relevant laws and all the information you submitted in response to the Correction Order. The record supports the citations, and they are affirmed. This is a final agency decision. The Commissioner appreciates your response and encourages you to continue to work cooperatively with your DHS licensor regarding questions about corrective action ordered in the correction order. Sincerely,
Frances Simon Standing, Attorney Legal Counsel’s Office Office of Inspector General
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