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September 29, 2025 CERTIFIED MAIL Akinbowale Barbington, Authorized Agent New Hope Living Inc & Nursing Services 6901 78th Ave N Suite 101 Brooklyn Park, MN 55445-2720 License Number 1070370-HCBS (Home and Community-Based Services) License Number 1110149-H_CRS (Home and Community-Based Services-Community Residential Setting) Report Numbers 202501304 DETERMINATIONS OF MALTREATMENT AND ORDER TO PAY A FINE Dear Akinbowale Barbington: The Department of Human Services (DHS) determined that New Hope Living Inc & Nursing Services located at 7801 Sugarloaf Trail, Brooklyn Park, Minnesota, is responsible for two incidents of maltreatment by neglect. Based on this determination, DHS is ordering you to pay a fine of $2000. Details of our findings are provided below and in the enclosed Investigation Memorandum for report 202501304. Our next steps and your options are also detailed. I. Determinations of Maltreatment It was reported that there were ongoing concerns regarding short staffing at the facility that resulted in multiple incidents in which staff persons could not provide a vulnerable adult (VA) with adequate supervision and care that was required by the VA’s support plans including: · The VA accessing and ingesting cleaning products that contained bleach. Substantiated as to neglect of a vulnerable adult by the facility. · The VA leaving the facility without the knowledge of staff persons and trying to get into neighboring homes. Substantiated as to neglect of a vulnerable adult by the facility. · The VA fell and hit his/her head after being left unsupervised in the bathroom which then resulted in the VA receiving medical care that was not consistent with the VA’s support plans. False as to neglect. DHS investigated the reports as alleged maltreatment by neglect. Based on the maltreatment investigation, DHS determined that New Hope Living Inc & Nursing Services was responsible for two incidents of neglect of the VA. See the enclosed Investigation Memorandum for more information. Legal Authority: Minnesota Statutes, section 626.557, subdivision 9c. Fine: $2,000 ($1000 for each determination) Citation Related to the Maltreatment Determination Citation: Minnesota Statutes, section 245D.07, subdivision 1a, paragraph (a). Violation: The license holder failed to provide services to two persons served (P1 andP2) as assigned in their support plan addendum. P1’s plans stated that P1 had 2:1 staffing during awake hours (6 a.m. to 10 p.m.) and P2’s plans stated that the P had 1:1 staffing during awake hours so that there was adequate supervision when the other persons served were in the facility. · Information obtained from interviews and the facility’s documentation of staffing time sheets from November and December 2024, and June 2025, showed that on an ongoing and consistent basis, the facility was not providing P1 and P2 with the staffing that was required. The facility consistently provided two staff persons to work at the facility during times when three staff persons were required. · Information obtained during interviews showed that on November 8, 2024, two staff persons (SP1 and SP2) were working at the facility with P1 and P2. Also on this date, SP1 left the facility to take a lunch break leaving only SP2 at the facility with P1 and P2. After SP1 returned, SP2 left the facility with P1 while SP1 stayed at the facility with P2. At some point, P2 was left unsupervised for an unknown amount of time and was able to access a bottle of cleaning product containing bleach that was not stored in a secure space as required. Corrective Action Ordered: Immediately, and on an ongoing basis, you must maintain compliance as required in this subdivision. Repeat Violation: The license holder was previously cited for similar violations in an Order of Conditional License dated April 23, 2025, (which included the December 1, 2024, incident) and a Correction Order dated April 25, 2025. II. Order to Pay a Fine Because DHS determined that New Hope Living Inc & Nursing Services is responsible for maltreatment, you must pay a $2000 fine. Legal Authority: Minnesota Statutes, section 245A.07, subdivision 3, paragraph (c), subparagraph (4). III. Billing and Payment of the Fine DHS will send you an invoice for the $2000 fine. Payment must be made as directed on the invoice. If you request a contested case hearing, as described below, do not pay the fine at this time. After the contested case hearing, the Commissioner of DHS will issue a final order. Please note, you may not avoid payment of this fine by closing, selling, or otherwise transferring the license to a third party. If this occurs, each controlling individual is personally and jointly responsible for payment. If you do not pay the fine on or before the date specified on the invoice and you did not request a contested case hearing, as described below, the Commissioner may issue a second fine, may not issue or reissue a license, or may suspend the license until the license holder pays the fine. IV. YOUR RIGHT TO APPEAL You have right to appeal the maltreatment determination and/or fine. Please see options below. Should you exercise your rights to appeal send: 1.
Right to appeal the fine and maltreatment determination You have the right to appeal the fine and maltreatment determination. Your request must be in writing and clearly state that you are requesting a contested case hearing for this matter. Your request must be made before the deadlines provided below. If you do not meet this deadline, you lose your right to an administrative appeal. The timeline to appeal began when you received this order. If you are mailing your request, it must be sent by certified mail and postmarked within 15 calendar days from when you received this order. See address, section IV. If your request is being personally delivered, it must be received by DHS within 15 calendar days from when you received this order. See address, section IV. Upon DHS’ receipt of your timely appeal, your case would be scheduled for a contested case hearing in front of an Administrative Law Judge. After this hearing, the Commissioner of DHS will issue a final order. 2. Request for reconsideration of the maltreatment determination only If you do not appeal the fine, you may still request reconsideration of the maltreatment determination. Your request must be made before the deadlines provided below. If you do not meet this deadline, you lose your right to request reconsideration. The timeline to request reconsideration began when you received this order. Your request must: · Be in writing · Clearly state that you are requesting reconsideration of the maltreatment determination · Identify what is inaccurate or incomplete about the information in the Investigation Memorandum · Supply information that is accurate or more complete · State why you believe the finding of maltreatment should be changed · Be made before the deadlines provided below. Your request must be postmarked within 15 calendar days from when you received this order. See address, section IV. A response to your reconsideration request will be mailed within 15 working days after DHS receives your request. You have the right to request a fair hearing if a response is not mailed within 15 working days. 3. Right to appeal the order to pay a fine only You have the right to only appeal the fine. Your request must be in writing and clearly state that you are requesting a contested case hearing for this matter. Your request must be made before the deadlines provided below. If you do not meet this deadline, you lose your right to an administrative appeal. The timeline to appeal began when you received this order. If you are mailing your request, it must be sent by certified mail and postmarked within 10 calendar days from when you received this order. See address, section IV. If your request is being personally delivered, it must be received by DHS within 10 calendar days from when you received this order. See address, section IV. Upon DHS’ receipt of your timely appeal, your case would be scheduled for a contested case hearing in front of an Administrative Law Judge. After this hearing, the Commissioner of DHS will issue a final order. 4. Legal representation at the contested case hearing You do not need a lawyer to appeal. However, a lawyer can help you with your appeal. The state or county will not get you a lawyer and will not pay for a lawyer. If you cannot afford a lawyer, you may be able to get free legal advice or help with your appeal. To find out if free help is available, contact: Volunteer Lawyers Network at 612-752-6677; Central Minnesota Legal Services at 612-332-8151; Southern Minnesota Legal Services at 651-222-4731; or go to www.justice4mn.org to find a local legal services program that may be able to help you. You can also find information on contested cases from the Office of Administrative Hearings website at https://mn.gov/oah/self-help. Click on Administrative Law Overview, then click on Administrative Law Contested Case Hearing Guide for a list of frequently asked questions. Legal authority for this licensing action · This action is taken under Minnesota Statutes, section 245A.07, subdivision 1, paragraph (a), which describes under which conditions DHS may impose a fine against a license. · Minnesota Statutes, section 245A.07, subdivision 3, paragraph (c), clause (4), item (i) provides that DHS may impose a $1000 fine for each determination of maltreatment of a child under section 260E for which the license holder is determined responsible. · In determining whether the facility, an individual, or both are responsible for substantiated maltreatment, DHS must consider the mitigating factors provided in Minnesota Statutes, section 260E.30, subdivision 4, paragraph (a), clauses (1) and (2). · Minnesota Statutes, section 245A.07, subdivision 3, paragraph (c), clause (5) states that license holders may not avoid payment of a fine by closing, selling, or transferring a license. · License holders have a right to appeal licensing actions and request a contested case hearing, under Minnesota Statutes, chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. · License holders have a right to request reconsideration of a maltreatment determination, under Minnesota Statutes, section 626.557, subdivision 9d. · Minnesota Statutes, section 245A.04, subdivision 7, paragraph (d), clause (4), states that DHS shall not issue or reissue a license if the applicant, license holder, or controlling individual has an outstanding debt related to a license fee, licensing fine, or settlement agreement for which payment is delinquent. · Minnesota Statutes, section 245A.07, subdivision 3, paragraph (c), clause (2), states that that the license holder shall pay the fine assessed on or before the payment date specified, and if the license holder does not do so the commissioner may issue a second fine or suspend the license until the license holder complies. Questions If you have any further questions regarding this matter, you may contact Melanie Bridges, Supervisor, at 651-431-6559. Sincerely,
Maggie Hanson, Intake and Investigations Unit Manager Licensing Division Office of Inspector General Enclosure
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