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September 16, 2025 Katherine Vanderweyst, Authorized Agent Kate Vanderweyst 821 Latoka Drive Southwest Alexandria, Minnesota 53608-9461 License Number: 1087053 (245D – Home and Community-Based Services) CORRECTION ORDER Dear Katherine Vanderweyst: On August 15, 2025, a licensing review of Kate Vanderweyst located at 821 Latoka Drive Southwest, Alexandria, MN, 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, 245A.65, subdivision 2. Violation: For one of one person whose record was reviewed (P1), the license holder did not develop an individual abuse prevention plan (IAPP) as required. The license holder did not develop an IAPP for P1 that included a statement of measures that would be taken to minimize the risk of abuse to P1 within the scope of licensed services. Corrective Action Ordered: Within 30 days of receiving this order you must revise P1’s IAPP to include a statement of the specific measures that would be taken to minimize the risk of abuse to P1 within the scope of licensed services and review the revised IAPP with P1, P1’s legal representative, and their case manager. On an ongoing basis, you must maintain compliance as required in this subdivision. 2. Citation: Minnesota Statutes, 245D.071, subdivision 4, paragraph (b). Violation: For one person whose record was reviewed (P1), the license holder did not develop a service plan that documented the service outcomes and supports as required. The license holder did not document the following supports and methods to accomplish service outcomes for P1: · the methods or actions that will be used to support P1 and to accomplish the service outcomes including information about: o any changes or modifications to the physical and social environments necessary when the service supports are provided; o any equipment or materials required; and o techniques that are consistent with the person’s communication mode and learning style; · the measurable and observable criteria for identifying when the desired outcome has been achieved and how data will be collected; · the projected starting date for implementing the supports and methods and the date by which progress towards accomplishing the outcomes will be reviewed and evaluated; and · the names of the staff or position responsible for implementing the supports and methods. Corrective Action Ordered: Within 30 days of receiving this order you must update P1’s service outcomes and supports with the above-mentioned information. On an ongoing basis, you must maintain compliance as required in this subdivision. 3. 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. 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 SP1 or SP2 with annual training on the following topics in 2024: · data privacy requirements according to Minnesota Statutes section 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; · the principles for person-centered service planning and delivery as identified in Minnesota Statutes, section 245D.07, subdivision 1a, and how they applied 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, 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. 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 ATTN: Legal Unit Licensing Division PO Box 64953 St. Paul, MN 55164-0242 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. Jenna Johnson, HCBS Licensor Licensing Division Office of Inspector General 651-431-2804
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