|
August 25, 2025 Kia Yang, Authorized Agent Harmony Adult Day Center LLC 7756 Hemingway Avenue South License Number: 1104184 (Rule 223) CORRECTION ORDER Dear Kia Yang: On August 14, 2025, a licensing review of Harmony Adult Day Center located at 475 Etna Street, 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 Statutes, section 245A.65, subdivision 2, paragraph (b) and Minnesota Rules, part 9555.9700, subpart 3. Violation: For four of four participants whose records were reviewed (P1-P4), the license holder did not meet the requirements for an individual abuse prevention plan (IAPP). The license holder did not review P1-P4’s IAPPs quarterly as part of the review of the program plan or service plan. Repeat Violation: In a Correction Order that DHS issued on March 28, 2025, you were previously found in violation of this same statute. Corrective Action Ordered: Within 30 days of receiving this order, you must review P1, P2, P3, and P4’s IAPP and document the reviews. On an ongoing basis, you must maintain compliance as required in this subdivision. 2. Citation: Minnesota Rules, part 9555.9660, subpart 1. Violation: For four participants whose records were reviewed (P1-P4), the license holder did not include information in the participant’s written record as required. a. The license holder did not include the following information in P1’s record: · a medical report, dated within the three months prior to or 30 days after P1’s admission to the center that included a report on a physical examination; and · participation reports and progress notes that are recorded at least monthly. b. The license holder did not include the following information in P2’s record: · a medical report, dated within the three months prior to or 30 days after P2’s admission to the center that was signed by a physician or signed by a physician assistant or registered nurse and cosigned by a physician; and · participation reports and progress notes that are recorded at least monthly. c. The license holder did not include the following information in P3’s record: · a medical report, dated within the three months prior to or 30 days after P3’s admission to the center that was signed by a physician or signed by a physician assistant or registered nurse and cosigned by a physician; and · participation reports and progress notes that are recorded at least monthly. d. The license holder did not include the following information in P4’s record: · a medical report, dated within the three months prior to or 30 days after P4’s admission to the center that was signed by a physician or signed by a physician assistant or registered nurse and cosigned by a physician; and · participation reports and progress notes that are recorded at least monthly. Repeat Violation: In a Correction Order that DHS issued on March 28, 2025, you were previously found in violation of this same rule. Corrective Action Ordered: Within 30 days of receiving this order, you must maintain all information detailed above in P1, P2, P3, and P4’s participant records. On an ongoing basis, you must maintain compliance as required in this subpart. 3. Citation: Minnesota Rules, part 9555.9700, subpart 3. Violation: For four participants whose records were reviewed (P1-P4), 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-P4 that included provisions for quarterly review and quarterly revisions of the individual plan of care. Repeat Violation: In a Correction Order that DHS issued on March 28, 2025, you were previously found in violation of this same rule. Corrective Action Ordered: Within 30 days of receiving this order, you must develop written plans of care for P1-P4 to include the information detailed above. On an ongoing basis, you must maintain compliance as required in this subpart. 4. Citation: Minnesota Rules, part 9555.9690, subpart 4. Violation: For one of two staff persons whose records were reviewed (SP2), the license holder did not provide in-service training annually as required. The license holder did not provide SP2 with eight hours of annual training as required. Corrective Action Ordered: Within 30 days of receiving this order, you must provide SP2 with eight hours of in-service training. On an ongoing basis, you must maintain compliance as required in this subpart. 5. Citation: Minnesota Rules, part 9555.9730, subpart 3. Violation: The license holder did not ensure physical plant and space requirements. The license holder did not 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. Corrective Action Ordered: Within 30 days of receiving this order, you must ensure restrooms used by participants are equipped with a mechanism that participants can use to signal staff members by light or by sound if participants need assistance. On an ongoing basis, you must maintain compliance as required in this subpart. 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. Kristopher Oberg, HCBS Human Services Licensor Licensing Division Office of Inspector General 651-431-6589
|
