|
September 12, 2025 Amgad Elnaseih, Authorized Agent Allegiant 11 1st Avenue Southwest, Suite 201 Rochester, Minnesota 55902 License Number: 1109436 (245D – HCBS) CORRECTION ORDER Dear Amgad Elnaseih: On September 3, 2025, a licensing review of Allegiant, located at 11 1st Avenue Southwest, Suite 201, Rochester, 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 245D.04, subdivision 1. Violation: For one of two persons whose record was reviewed (P1), the license holder did not provide each person with a written notice that identified the service recipient rights and an explanation of those rights 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 did not provide P1 with a written notice that identified the service recipient rights in subdivisions 2 and 3 of this section, and an explanation of those rights annually in 2023 and 2024. Corrective Action Ordered: On an ongoing basis, you must maintain compliance as required in this subdivision. 2. Citation: Minnesota Statutes, section 245D.10, subdivision 4, paragraph (b). Violation: For two persons whose records were reviewed (P1, P2), the license holder did not provide written or electronic copies of policies and procedures as required. a. The license holder initiated P1’s services on March 14, 2022. The license holder did not inform P1’s case manager of the policies and procedures affecting a person’s rights under section 245D.04, within five working days of service initiation as required. P1’s case manager signed the receipt of policies and procedures on June 13, 2023. b. The license holder initiated P2’s services on March 5, 2025. The license holder did not inform P2’s case manager of the policies and procedures affecting a person’s rights under section 245D.04, within five working days of service initiation as required. Corrective Action Ordered: Within 30 days of receiving this order, you must inform and provide P2’s case manager with the following policies and procedures affecting a person’s rights under section 245D.04: · grievance policy and procedure; · service suspension and termination policy and procedure; · emergency use of manual restraints policy and procedure; and · data privacy. On an ongoing basis, you must maintain compliance as required in this subdivision. 3. Citation: Minnesota Statutes, section 245D.09, subdivision 4. Violation: For two staff persons whose records were reviewed (SP1, SP2), the license holder did not ensure completion of orientation within 60 calendar days of hire as required. a. SP1 was hired January 20, 2023. The license holder did not ensure completion of staff orientation sufficient to create staff competency for SP1 within 60 calendar days of hire that combined supervised on-the-job training with review of and instruction in the following required areas: · basic first aid. SP1 completed this training on November 11, 2024; and · strategies to minimize the risk of sexual violence, including concepts of healthy relationships, consent, and bodily autonomy of people with disabilities. SP1 completed this training on November 24, 2024. b. SP2 was hired on February 24, 2025. The license holder did not ensure completion of staff orientation sufficient to create staff competency for SP2 within 60 calendar days of hire that combined supervised on-the-job training with review of and instruction in the following required areas: · following safety practices established by the license holder and as required in section 245D.06, subdivision 2; · 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; and · 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. SP2 had not completed the above trainings at the time of licensing review. Corrective Action Ordered: Within 30 days of receiving this order, you must provide the above trainings to SP2 and maintain documentation of training completion in SP2’s personnel record. On an ongoing basis, you must maintain compliance as required in this subdivision. 4. Citation: Minnesota Statutes, section 245D.09, subdivision 5. Violation: For one staff person whose record was reviewed (SP1), the license holder did not provide annual training as required. The license holder did not provide SP1 with annual training in 2024 on the following topics identified in subdivision 4, clauses (3) to (11) 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 (HIPAA), 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 265A.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; 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 provided SP1 with these trainings on January 20, 2023 and again on November 24, 2024. Corrective Action Ordered: On an ongoing basis, you must maintain compliance as required in this subdivision. 5. Citation: Minnesota Statutes, section 245D.095, subdivision 5. Violation: For two staff persons whose records were reviewed (SP1, SP2), the license holder did not maintain personnel records as required. The license holder did not maintain a personnel record for SP1 and SP2 which documented staff orientation and training including the number of hours per subject area, and the name of the trainer or instructor. 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. Dylan Sobota, HCBS Licensor Licensing Division Office of Inspector General 651-431-2690
|
