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September 22, 2025 Dietrich Winter, Authorized Agent Winter Family Care, llc 4982 Paupores Road Brookston, Minnesota 55711-8032 License Number: 1088139 (245D – HCBS) 1109497 (CRS –HCBS) 1098135 (CRS –HCBS) CORRECTION ORDER Dear Dietrich Winter: On August 7 and August 8, 2025, a licensing review of Winter Family Care, llc, located at 4982 Paupores Road Brookston, 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.041, subdivision 4. Violation: For one of five persons whose record was reviewed (P1), the license holder did not maintain electronic records as required. The license holder did not maintain electronic records in a form capable of being retained and accurately reproduced. DHS licensor reviewed P1’s electronic medication administration record created by the license holder that did not accurately reflect the medications that were administered when compared with the license holder’s view of P1’s electronic medication administration record. 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 individual abuse prevention plans (IAPP) as required. The license holder did not develop an IAPP for P1 and P2 upon service initiation. The license holder initiated P1’s services on November 28, 2023, and developed P1’s IAPP in January 2024. The license holder initiated P2’s services on July 29, 2022, and developed P2’s IAPP in September 2022. Corrective Action Ordered: On an ongoing basis, you must maintain compliance as required in this subdivision. 3. Citation: Minnesota Statutes, section 245D.04, subdivision 3. Violation: For two persons whose records were reviewed (P4 and P5), the license holder did not document a rights restriction as required. The license holder maintained rights restriction documentation in P4’s and P5’s support plan addendums that restricted P4’s and P5’s right to have daily, private access to a non-coin operated telephone. This right is afforded to persons residing in a residential site. The license holder provided residential services to P4 and P5. The license holder did not document: · the justification for the restriction based on an assessment of the person's vulnerability related to exercising the right without restriction; and · the objective measures set as conditions for ending the restriction. Corrective Action Ordered: Within 30 days of receiving this order, you must: · discuss with P4’s and P5’s teams whether a restriction of their rights is necessary to ensure their health, safety, and well-being; · immediately cease the restriction of P4’s and P5’s rights if the rights restriction is not necessary to ensure the health, safety, and well-being of the person; and · if it is determined a rights restriction is necessary for P4 and P5, you must document the information detailed above in P4’s and P5’s support plan addendums. On an ongoing basis, you must maintain compliance as required in this subdivision. 4. Citation: Minnesota Statutes, section 245D.05, subdivision 1. Violation: For two persons whose records were reviewed (P1 and P2), the license holder did not meet health service needs as required. The license holder was assigned the responsibility for medication administration for P1 and P2 including the administration of psychotropic medications. The license holder did not maintain documentation on how P1’s and P2’s health needs would be met including a description of the procedures the license holder would follow in order to provide medication administration of pro re nata (PRN) psychotropic medications. Corrective Action Ordered: Within 30 days of receiving this order, you must maintain a description of how P1’s and P2’s health needs will be met as detailed above. On an ongoing basis, you must maintain compliance as required in this subdivision. 5. Citation: Minnesota Statutes, section 245D.05, subdivision 4. Violation: For two persons whose records were reviewed (P1 and P2), the license holder did not review medication administration records (MAR) as required. The license holder did not conduct MAR reviews for P1 and P2 to identify medication administration errors at a minimum of every three months. Corrective Action Ordered: Within 30 days of receiving this order, you must: · complete MAR reviews for June 2025 to current for P1 and P2; · develop and implement a plan to correct any patterns of medication administration or documentation errors if identified; and · maintain documentation of MAR reviews in P1’s and P2’s records. On an ongoing basis, you must maintain compliance as required in this subdivision. 6. Citation: Minnesota Statutes, section 245D.051, subdivision 1. Violation: For one person whose record was reviewed (P2), the license holder did not develop, implement, and maintain documentation regarding psychotropic medications as required. For the purposes of this section, "target symptom" refers to any perceptible diagnostic criteria for a person's diagnosed mental disorder, as defined by the Diagnostic and Statistical Manual of Mental Disorders Fourth Edition Text Revision (DSM-IV-TR) or successive editions, that has been identified for alleviation. The license holder did not document a description of the target symptoms that each psychotropic medication was to alleviate for P2. Corrective Action Ordered: Within 30 days of receiving this order, you must review and revise P2’s support plan addendum to include a description of the target symptoms that each psychotropic medication is to alleviate. On an ongoing basis, you must maintain compliance as required in this subdivision. 7. Citation: Minnesota Statutes, section 245D.07, subdivision 1. Violation: For one person whose record was reviewed (P1), the license holder did not provide services in compliance with the requirements of this chapter and the federal waiver plans. The license holder did not provide services in compliance with the requirements of this chapter and the federal waiver plan when the license holder did not complete consents for the use of monitoring technology for P1 as required in the Community-Based Service Manual (CBSM). During the site visit to where P1 resided (CRS, license number 1098135) on August 8, 2025, DHS licensors observed multiple cameras in the home and the license holder had not completed consents for the use of monitoring technology for P1. . Corrective Action Ordered: Within 30 days of receiving this order, you must complete consents for the use of monitoring technology for P1 as required in the CBSM. On an ongoing basis, you must maintain compliance as required in this subdivision. 8. Citation: Minnesota Statutes, section 245D.07, subdivision 2. Violation: For one person whose record was reviewed (P3), the license holder did not complete service planning for basic support services as required. The license holder did not complete a preliminary support plan addendum for P3 within 15 days of service initiation. The license holder initiated P3’s services on June 10, 2024, and the preliminary support plan was developed on July 18, 2024. Corrective Action Ordered: On an ongoing basis, you must maintain compliance as required in this subdivision. 9. Citation: Minnesota Statutes, section 245D.071, subdivision 3, paragraph (a) and paragraph (d). Violation: For one person whose record was reviewed (P1), the license holder did not complete initial service planning for intensive services as required. a. The license holder did not complete a preliminary support plan addendum for P1 and P2 within 15 days of service initiation: · The license holder initiated P1’s services on November 28, 2023, and the license holder completed P1’s preliminary support plan addendum in January 2024. · The license holder initiated P2’s services on July 29, 2022, and the license holder completed P2’s preliminary support plan addendum in September 2022. b. The license holder did not have a discussion of how technology might be used to meet P1’s desired outcomes at the initial planning meeting. Corrective Action Ordered: Within 30 days of receiving this order, you must: · discuss with P1, P1’s legal representative, and P1’s case manager to determine how technology might be used to meet P1’s desired outcome; · document the summary of this discussion that includes: o a statement regarding any decision that is made regarding the use of technology; and o a description of any further research that needs to be completed before a decision regarding the use of technology can be made. On an ongoing basis, you must maintain compliance as required in this subdivision. 10. Citation: Minnesota Statutes, section 245D.09, subdivision 4a. Violation: For one of four staff persons whose record was reviewed (SP2), the license holder did not provide orientation to individual service recipient needs as required. The license holder did not provide SP2 with review and instruction on the person’s support plan or support plan addendum as it relates to the responsibilities assigned to the license holder, the person’s individual abuse prevention plan, and how to implement those plans prior to SP2 having unsupervised direct contact with a person served by the program. SP2 was hired on October 23, 2023, and the license holder provided this to SP2 on October 24, 2024. Corrective Action Ordered: On an ongoing basis, you must maintain compliance as required in this subdivision. 11. Citation: Minnesota Statutes, section 245D.095, subdivision 5. Violation: For one staff person whose record was reviewed (SP1), the license holder did not maintain personnel records as required. The license holder did not maintain in SP1’s personnel record 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. Katie Gillman, HCBS Licensor Licensing Division Office of Inspector General 651-431-2656
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