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August 14, 2025 Sharon Shofner, Authorized Agent Shofner Adult Foster Care 7321 Highway 2 Saginaw, Minnesota 55779 License Number: 1072825 (245D – HCBS) CORRECTION ORDER Dear Sharon Shofner: On August 5, 2025, a licensing review of Shofner Adult Foster Care, located at 7321 Highway 2, Saginaw, 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 2. Violation: For two of two persons whose records were reviewed (P1 and P2), the license holder did not review individual abuse prevention plans (IAPP) as required. The license holder did not review and revise P1 and P2’s IAPP annually with the interdisciplinary team. Corrective Action Ordered: Within 30 days of receiving this order, you must review and revise P1 and P2’s IAPP with the interdisciplinary team and document this review in P1 and P2’s record. On an ongoing basis, you must maintain compliance as required in this subdivision. 2. Citation: Minnesota Statutes, section 245D.04, subdivision 1. Violation: For two persons whose records were reviewed (P1 and P2), the license holder did not provide service recipient rights as required. The license holder did not provide P1 and P2’s legal representative with a written notice that identified the service recipient rights and an explanation of those rights annually. P1’s legal representative was most recently provided a written notice in August 2023 and P2’s legal representative in June 2023. Corrective Action Ordered: Within 30 days of receiving this order, you must provide P1 and P2’s legal representative with a written notice that identifies the service recipient rights and an explanation of those rights and maintain documentation of P1 and P2’s legal representative’s receipt of a copy in P1 and P2’s record. On an ongoing basis, you must maintain compliance as required in this subdivision. 3. Citation: Minnesota Statutes, section 245D.06, subdivision 4. Violation: For two persons whose records were reviewed (P1 and P2), the license holder did not safekeep funds as required. The license holder did not obtain written authorization from P1 and P2’s legal representative and P1 and P2’s case manager to assist with the safekeeping of P1 and P2’s funds annually. Additionally, the license holder did not implement the preferences of P1’s case manager by not providing annual financial statements. Corrective Action Ordered: Within 30 days of receiving this order, you must: · obtain written authorization from P1 and P2’s legal representative and P1 and P2’s case manager to assist with the safekeeping of P1 and P2’s funds; and · send P1’s financial statements to P1’s case manager. 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 complete assessments as required. The license holder did not produce information that described P1’s and P2’s overall strengths, functional skills and abilities and behaviors or symptoms when completing assessments for P1 and P2. Additionally, the license holder did not complete the assessments for P1 and P2 annually. P1’s assessment was most recently completed in May 2023. P2’s assessment was most recently completed in June 2023. Corrective Action Ordered: Within 30 days of receiving this order, you must complete assessments for P1 and P2 that meet the requirements of this subdivision. On an ongoing basis, you must maintain compliance as required in this subdivision. 5. Citation: Minnesota Statutes, section 245D.071, subdivision 5. Violation: For two persons whose records were reviewed (P1 and P2), the license holder did not participate in service plan review and evaluation as required. a. The license holder did not participate in service plan review meetings semi-annually for P1 as assigned in P1’s support plan addendum. b. The license holder did not participate in service plan review meetings annually for P2 as assigned in P2’s support plan addendum. Additionally, the license holder did not summarize P2's status and progress toward achieving the identified outcomes and make recommendations and identify the rationale for changing, continuing, or discontinuing implementation of supports and methods identified in subdivision 4 in a report available at the time of the progress review meetings in 2022-2024. Corrective Action Ordered: Within 30 days of receiving this order, you must meet with P1 and P2 and P1 and P2’s expanded support team and maintain documentation of the meetings in P1 and P2’s record, and the report in P1’s record. On an ongoing basis, you must maintain compliance as required in this subdivision. 6. Citation: Minnesota Statutes, section 245D.095, subdivision 3. Violation: For two persons whose records were reviewed (P1 and P2), the license holder did not maintain service recipient records as required. a. The license holder did not maintain progress or daily log notes for P1 and P2. b. The license holder did not maintain a record of current services provided to P1 and P2 on the premises where services are provided and coordinated. Additionally, the license holder did not protect service recipient records against loss, tampering or unauthorized disclosure for P1 and P2’s records. Corrective Action Ordered: On an ongoing basis, you must maintain compliance as required in this subdivision. 7. Citation: Minnesota Rules, 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 did not evaluate positive support strategies with P1 and P2 at least every six months. Corrective Action Ordered: Within 30 days of receiving this order, you must evaluate the identified positive support strategies with P1 and P2 and document the evaluation in P1 and P2’s support plan addendum. Based upon the results of the evaluation, you must determine whether changes are needed in the positive support strategies used, and, if so, make appropriate changes. On an ongoing basis, you must maintain compliance as required in this subdivision. 8. Citation: Minnesota Statutes, section 245D.09, subdivision 4. Violation: For one of two staff persons whose records were reviewed (SP2), the license holder did not provide orientation as required. The license holder did not provide SP2 with an orientation to the following within 60 calendar 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; · 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 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. Corrective Action Ordered: Within 30 days of receiving this order you must provide orientation to the above-mentioned topic areas to SP2. On an ongoing basis, you must maintain compliance as required in this subdivision. 9. Citation: Minnesota Statutes, section 245D.09, subdivision 4a. Violation: For one of two staff persons whose records were reviewed (SP2), the license holder did not provide orientation to individual service recipient needs training as required. The license holder did not provide SP2 with the following training before having unsupervised direct contact with persons 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 with the above-mentioned training. On an ongoing basis, you must maintain compliance as required in this subdivision. 10. Citation: Minnesota Statutes, section 245D.09, subdivision 5. Violation: For two staff persons whose records were reviewed (SP1 and SP2), the license holder did not provide annual training as required. a. The license holder did not provide SP1 and SP2 with annual training 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; · 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. b. The license holder did not provide SP1 with annual training on 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. Corrective Action Ordered: Within 30 days of receiving this order, you must provide SP1 and SP2 with training on the topics identified above. 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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