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October 23, 2025
Betaleham Walle, Authorized Agent Smart Choice Adult Daycare Center LLC 521 Cedar Avenue Minneapolis, Minnesota 55454
License Number: 1094784 (Rule 223)
CORRECTION ORDER
Dear Betaleham Walle:
On August 11, 2025, a licensing review of Smart Choice Adult Daycare Center LLC, located at 521 Cedar Avenue, Minneapolis, 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 1, paragraph (c) and subdivision 2, paragraph (a).
Violation: For one of seven participants whose record was reviewed (P7), the license holder did not provide orientation to the license holder’s internal and external reporting procedures related to suspected or alleged maltreatment and the program abuse prevention plan (PAPP) as required.
The license holder did not provide orientation to P7 on the licensor holder’s internal and external reporting procedures and PAPP within 24 hours of admission. Repeat Violation: In a Correction Order that DHS issued on May 27, 2025, you were previously found in violation of this same statute.
Corrective Action Required: During the licensing review on August 11, 2025, P7 was given an orientation to your internal and external reporting procedures and the PAPP on site at the center. On an ongoing basis, you must maintain compliance as required in these subdivisions.
2. Citation: Minnesota Statutes, section 245A.65, subdivision 2, paragraph (b), and Minnesota Rules, part 9555.9700, subpart 3.
Violation: For two participants whose records were reviewed (P4 and P5), the license holder did not meet the requirements for an individual abuse prevention plan (IAPP).
a. The license holder did not review P4’s IAPP quarterly as part of the review of the program plan or service plan. The license holder maintained documentation that P4’s IAPP was most recently reviewed in April 2025.
b. The license holder did not develop an IAPP for P5 as part of the participant’s initial individual program plan or service plan.
Repeat Violation: In a Correction Order that DHS issued on May 27, 2025, you were previously found in violation of this same statute and rule.
Corrective Action Ordered: Within 30 days of receiving this order, you must:
· review P4’s IAPP with their interdisciplinary teams and document the review;
· if applicable, revise P4’s IAPP to reflect the results of the review; and
· develop an IAPP for P5.
Compliance with this order will be reviewed on site. On an ongoing basis, you must maintain compliance as required in this subdivision and subpart. 3. Citation: Minnesota Rules, part 9555.9640.
Violation: For one participant whose record was reviewed (P7), the license holder did not distribute policies and program information to participants and their caregivers upon admission as required.
a. The license holder did not distribute the following policies and program information to P7, and the participants’ caregivers upon admission:
· the scope of the programs, services, and care offered by the center;
· a description of the population to be served by the center;
· a description of individual conditions which the center is not prepared to accept, such as a communicable disease requiring isolation, a history of violence to self or others, unmanageable incontinence or uncontrollable wandering;
· the center's policy on and arrangements for providing transportation;
· the center's policy on providing meals and snacks;
· the center's fees, billing arrangements, and plans for payment;
· the center's policy governing the presence of pets in the center;
· the center's policy on smoking in the center;
· types of insurance coverage carried by the center;
· a statement of the center's compliance with Minnesota Statutes, section 626.557, and rules adopted under that section;
· a statement that center admission and employment practices and policies comply with Minnesota Statutes, chapter 363, the Minnesota Human Rights Act;
· the terms and conditions of the center's licensure by the department, including a description of the population the center is licensed to serve under part 9555.9730; and
· the telephone number of the department's licensing division.
b. The license holder did not distribute the participants' rights to P7 upon admission.
Repeat Violation: In a Correction Order that DHS issued on May 27, 2025, you were previously found in violation of this same rule.
Corrective Action Required: During the licensing review on August 11, 2025, P7 was provided the policies and participants’ rights listed above on site at the center. On an ongoing basis, you must maintain compliance as required in this subpart.
4. Citation: Minnesota Rules, part 9555.9660, subpart 1.
Violation: For six participants whose records were reviewed (P1-P6), the license holder did not include information in the participant’s written record as required.
a. The license holder did not include a discharge summary in P1 and P3’s records.
b. The license holder did not include the following information in P2 and P5’s records:
· an application form that included:
o the participant’s source of referral; and
o the name and telephone number of the person to call in case of an emergency involving the participant and the name and number of another person to call if that person cannot be reached.
c. The license holder did not include a medical report in P4 and P6’s records that included a physical examination, updated annually in 2025. The most recent report on a physical examination that the license holder maintained for P4 was dated March 25, 2024. The most recent report on a physical examination that the license holder maintained for P6 was dated January 16, 2024.
Repeat Violation: In a Correction Order that DHS issued on May 27, 2025, you were previously found in violation of this same rule.
Corrective Action Ordered: Within 30 days of receiving this order, you must maintain the information detailed above in P1-P6’s participant records. Compliance with this order will be reviewed on site. On an ongoing basis, you must maintain compliance as required in this subpart.
5. Citation: Minnesota Rules, part 9555.9700, subpart 3.
Violation: For two participants whose records were reviewed (P2 and P4), the license holder did not develop a written plan of care as required.
a. The license holder did not develop a written plan of care for P2 that included the anticipated duration of the individual plan of care.
b. The license holder did not develop a written plan of care for P4 that included provisions for quarterly reviews and quarterly revisions of the individual plan of care. The license holder maintained documentation that P4’s plan of care was most recently reviewed in April 2025.
Repeat Violation: In a Correction Order that DHS issued on May 27, 2025, you were previously found in violation of this same rule.
Corrective Action Ordered: Within 30 days of receiving this order, you must: · develop a written plan of care for P2 that includes the anticipated duration of the individual plan of care; and
· review P4’s written plan of care with P4 and revise the plan of care, if necessary.
Compliance with this order will be reviewed on site. On an ongoing basis, you must maintain compliance as required in this subpart.
6. Citation: Minnesota Rules, part 9555.9710, subparts 1 and 7.
Violation: The license holder did not offer services as required.
a. The license holder did not maintain a contract with the food service provider.
b. The license holder did not maintain family and social histories for P4 and P6 that were updated annually in 2024.
Repeat Violation: In a Correction Order that DHS issued on May 27, 2025, you were previously found in violation of this same rule.
Corrective Action Ordered: Within 30 days of receiving this order, you must: · maintain a contract with the food service provider; and
· maintain and update P4 and P6’s family and social histories, as applicable.
Compliance with this order will be reviewed on site. On an ongoing basis, you must maintain compliance as required in these subparts.
7. Citation: Minnesota Rules, part 9555.9720, subpart 7.
Violation: The license holder did not ensure safety as required.
The license holder did not ensure the equipment and furniture was in good repair including graffiti on the front windows and doors of the center.
Repeat Violation: In a Correction Order that DHS issued on May 27, 2025, you were previously found in violation of this same rule.
Corrective Action Ordered: Within 30 days of receiving this order, you must ensure safety as detailed above. Compliance with this order will be reviewed on site. 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.
Katie Johnson, HCBS Human Services Licensor Licensing Division Office of Inspector General 651-431-4113
PO Box 64242 • Saint Paul, Minnesota • 55164-0242 • An Equal Opportunity and Veteran Friendly Employer https://mn.gov/dhs/general-public/licensing/
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