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July 28, 2025 Fuaad Salah Warsame, Authorized Agent CAREMAX HOME CARE LLC 2929 Chicago Avenue Apartment 617 Minneapolis, Minnesota 55407 License Number: 1107298 (245D – HCBS) CORRECTION ORDER Dear Fuaad Salah Warsame: On July 15, 2025, a licensing review of CAREMAX HOME CARE LLC, located at 1821 University Avenue West, Suite 461-10, Saint Paul, 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 two 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. P1 was admitted to the program on February 17, 2022. The license holder did not provide P1 an orientation to the internal and external reporting procedures of alleged or suspected maltreatment of vulnerable adults within 24 hours of admission. The license holder provided this orientation to P1 on February 24, 2022. Corrective Action Ordered: On an ongoing basis, you must maintain compliance as required in this subdivision. 2. Citation: Minnesota Statutes, section 245A.65, subdivision 2. Violation: For two persons whose records were reviewed (P1 and P2), the license holder did not develop and review an individual abuse prevention plan (IAPP) as required. a. The license holder provided multiple services to P1. · Regarding services initiated for P1 on February 17, 2022, the license holder did not develop an IAPP as part of the initial individual program plan. The license holder developed an IAPP for P1 on February 24, 2022. Additionally, the license holder did not document the review of P1’s IAPP annually in 2023. The license holder documented the review of P1’s IAPP on November 16, 2022, and December 9, 2023. · Regarding services initiated for P1 on May 13, 2024, the license holder did not develop an IAPP as part of the initial individual program plan. The license holder developed an IAPP for this service for P1 on July 3, 2025. b. The license holder did not develop an IAPP for P2 as part of the initial individual program plan that included: · the statements of the specific measures to be taken to minimize the risk of abuse to P2 and other vulnerable adults; and · the specific actions the license holder would take to minimize the risk of abuse to P2 within the scope of licensed services. P2’s IAPP developed by the license holder assessed that P2 was vulnerable to sexual abuse. The license holder did not include a statement of measures, that included specific actions, that would be taken to minimize the risk of abuse to P2 in this area. Corrective Action Ordered: Within 30 days of receiving this order, you must review and review P2’s IAPP to include a statement of measures, including specific actions, that will be taken to minimize the risk of abuse to P2 in the area of sexual abuse. On an ongoing basis, you must maintain compliance as required in this subdivision. 3. Citation: Minnesota Statutes, section 245D.04, subdivision 1. Violation: For one person whose record was reviewed (P1), the license holder did not provide a written notice that identified the service recipient rights as required. 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 did not provide P1 with a written notice that identified the service recipient rights, and an explanation of those rights annually in 2023. The license holder provided P1 with the service recipient right on November 17, 2022, and December 9, 2023. Corrective Action Ordered: On an ongoing basis, you must maintain compliance as required in this subdivision. 4. Citation: Minnesota Statutes, section 245D.05, subdivision 1, paragraph (b). Violation: For one person whose record was reviewed (P1), the license holder did not document health service needs as required. The license holder was assigned responsibility for meeting health service needs in P1’s support plan addendum. The license holder did not maintain documentation on how P1’s health service needs would be met, including a description of the procedures the license would follow in order to monitor health conditions according to written instructions from a licensed health professional. Corrective Action Ordered: Within 30 days of receiving this order, you must maintain documentation in P1’s support plan addendum that includes a description of the procedures you will follow to monitor health conditions according to written instructions from a licensed health professional. Additionally, you must provide orientation on the updates to P1’s support plan addendum to all staff that provide direct support to P1. On an ongoing basis, you must maintain compliance as required in this subdivision. 5. Citation: Minnesota Statutes, section 245D.07, subdivision 2. Violation: For two persons whose records were reviewed (P1 and P2), the license holder did not complete initial and ongoing service planning for basic support services as required. 245A.02, subdivision 2b defines “annual” or “annually” to mean prior to or within the same month of the subsequent calendar year. a. P1 received multiple services from the license holder. Regarding services initiated for P1 on May 13, 2024, the license holder did not develop a preliminary support plan addendum within 15 calendar days of service initiation. The license holder developed this preliminary support plan addendum on July 3, 2025. b. P1’s support plan addendum required annual service plan review meetings. The license holder did not participate in a service plan review meeting for P1 annually in 2023. The license holder participated in service plan review meetings for P1 on November 16, 2022, and December 9, 2023. c. The license holder did not review and revise P2’s preliminary support plan addendum within 60 calendar days of service initiation. The license holder initiated P2’s services on December 2, 2024. The license holder completed a review of P1’s preliminary support plan addendum on May 18, 2025. Corrective Action Ordered: On an ongoing basis, you must maintain compliance as required in this subdivision. 6. Citation: Minnesota Statutes, section 245D.07, subdivision 3. Violation: For one person whose record was reviewed (P1), the license holder did not provide written reports as required. P1’s support plan addendum required annual “Progress Reports and Recommendations”. The license holder did not provide a written report to P1’s team in 2023. The license holder provided a “Progress Report and Recommendations” to P1’s team on November 4, 2024. Corrective Action Ordered: On an ongoing basis, you must maintain compliance as required in this subdivision. 7. Citation: Minnesota Statutes, section 245D.10, subdivision 4. Violation: For two persons whose records were reviewed (P1 and P2), the license holder did not inform the case manager of policies and procedures as required. P1’s services were initiated on February 17, 2022. P2’s services were initiated on December 2, 2024. The license holder did not inform P1’s and P2’s case manager and provide copies of the policies and procedures affecting P1’s and P2’s rights within five working days of service initiation, including: · grievance policy and procedure; · service suspension and termination policy and procedure; and · data privacy requirements under section 245D.11, subdivision 3. The license holder provided the required policies and procedures to P1’s case manager on March 1, 2022, and to P2’s case manager on July 1, 2025. Corrective Action Ordered: On an ongoing basis, you must maintain compliance as required in this subdivision. 8. Citation: Minnesota Rules, chapter 9544.0030, subpart 1. Violation: For one person whose record was reviewed (P1), the license holder did not evaluate positive support strategies as required. The license holder did not evaluate the identified positive support strategies with P1 at least every six months. The license holder evaluated P1’s identified positive support strategies with them on February 24, 2022; November 16, 2022; December 9, 2023; June 3, 2024; and July 3, 2025. Corrective Action Ordered: On an ongoing basis, you must maintain compliance as required in this subpart. 9. Citation: Minnesota Rules, part 9544.0080, subpart 1. Violation: For one person whose record was reviewed (P1), the license holder did not provide notice to the person receiving services of the license holder’s policy on the emergency use of manual restraint at the time of service initiation as required. P1’s services were initiated on February 17, 2022. The license holder did not provide notice of their policy on the emergency use of manual restraint to P1 at the time of service initiation. The license holder provided this notice to P1 on February 24, 2022. Corrective Action Ordered: On an ongoing basis, you must maintain compliance as required in this subpart. 10. Citation: Minnesota Statutes, section 245D.09, subdivision 4. Violation: For one of three staff persons whose record was reviewed (SP1), the license holder did not provide orientation training as required. The license holder did not provide SP1 orientation training to the following topics within 60 days of hire: · the license holder’s current policies and procedures required under this chapter, including their location and access, and staff responsibilities related to implementation of those policies and procedures, including: o grievance and complaint procedures; o temporary service suspension and termination policy and procedure; o prohibition on drug and alcohol use policy; and o emergency use of manual restraint policy; · 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 and 626.557 governing maltreatment reporting and service planning for vulnerable adults, and staff responsibilities related to protecting persons from maltreatment and reporting maltreatment; · the principles of person-centered 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. The license holder hired SP1 on March 19, 2024. The license holder provided the above trainings to SP1 on October 3, 2024. Corrective Action Ordered: On an ongoing basis, you must maintain compliance as required in this subdivision. 11. Citation: Minnesota Statutes, section 245D.09, subdivision 4a. Violation: For two staff persons whose records were reviewed (SP1 and SP2), the license holder did not provide orientation to individual service recipient needs as required. The license holder did not provide the following orientation to SP1 and SP2 before having unsupervised direct contact with a person served by the program: · the person’s support plan or support plan addendum as it related to the responsibilities assigned to the license holder; and · the person’s individual abuse prevention plan, to achieve and demonstrate an understanding of the person as a unique individual, and how to implement those plans. The license holder documented that SP1 had their first unsupervised contact on September 4, 2024. The license holder provided orientation to individual needs for the person served to SP1 on October 3, 2024. The license holder documented that SP2 had their first unsupervised contact on February 9, 2022. The license holder provided orientation to individual needs for the person served to SP2 on February 17, 2022. Corrective Action Ordered: On an ongoing basis, you must maintain compliance as required in this subdivision. 12. Citation: Minnesota Statutes, section 245D.095, subdivision 5. Violation: For three staff persons whose records were reviewed (SP1-SP3), the license holder did not maintain personnel records as required. The license holder did not maintain a personnel record for SP1-SP3 that included the date of the first supervised contact with a person served by the program. Corrective Action Ordered: On an ongoing basis, you must maintain compliance as required in this subdivision. 13. Citation: Minnesota Statutes, section 245D.09, subdivision 5. Violation: For two staff persons whose records were reviewed (SP2 and SP3), the license holder did not provide annual training as required. The license holder did not provide annual training on the following topics to SP2 in 2023 and 2024, or to SP3 in 2024: · data privacy requirements according to Minnesota Statutes, 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 Minnesota Statutes, section 245D.04; · sections 245A.65 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, including annual review to VA maltreatment reporting; · the principles of person-centered service planning and delivery as identified in Minnesota Statutes, section 245D.07, subdivision 1a, and how they applied to direct support service provide by the staff person; · the safe and correct use of manual restraint on an emergency basis according to the requirements in section 245D.061 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, 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. The license holder most recently provided SP2 and SP3 with training on these topics in June 2025. 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. Krista Hastings, HCBS Licensor Licensing Division Office of Inspector General 651-431-4825
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