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October 27, 2025
Youa Her, Authorized Agent Elder Care Day Services 1619 Leone Avenue
Saint Paul, Minnesota 55106-6820
License Number: 1076075 (Rule 223)
CORRECTION ORDER
Dear Youa Her:
On September 16, 2025 a licensing review of Elder Care Day Services located at 1619 Leone Avenue, Saint Paul, 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 2.
Violation: For five of five participants whose records were reviewed (P1-P5), the license holder did not meet the requirements for an individual abuse prevention plan (IAPP).
The license holder failed to review P1-P5’s IAPP with their interdisciplinary teams, at least annually.
Corrective Action Ordered: Within 30 days of receiving this order, you must review P1-P5’s IAPPs with their interdisciplinary teams and document the review. On an ongoing basis, you must maintain compliance as required in this subdivision.
2. Citation: Minnesota Rules, part 9555.9660, subpart 1.
Violation: For two participants whose records were reviewed (P1 and P3), the license holder did not include information in the participant’s written record as required. The license holder did include a report on a physical examination, updated annually in P1 and P3’s participant record.
Repeat Violation: In a Correction Order that DHS issued on May 9, 2025, you were previously found in violation of this same rule.
Corrective Action Ordered: Within 30 days of receiving this order, you must include a report on a physical examination that is updated annually in P1 and P3’s participant records. On an ongoing basis, you must maintain compliance as required in this subpart. 3. Citation: Minnesota Rules, part 9555.9650, item A.
Violation: For one of two staff persons whose records were reviewed (SP1), the license holder did not maintain a personnel record as required.
The license holder failed to maintain documentation of an annual performance evaluation in SP1’s personnel record.
Repeat Violation: In a Correction Order that DHS issued on May 9, 2025, you were previously found in violation of this same rule.
Corrective Action Required: Within 30 days of receiving this order, you must complete a performance evaluation for SP1 and maintain documentation of the evaluation in SP1’s personnel record. On an ongoing basis, you must maintain compliance as required in this item.
4. Citation: Minnesota Rules, part 9555.9710, subpart 7.
Violation: The license holder did not offer services as required.
The license holder did not maintain a family and social history in P3’s record that was updated annually.
Corrective Action Ordered: Within 30 days of receiving this order, you must document the review of P3’s family and social history and update P3’s family and social history, if applicable. On an ongoing basis, you must maintain compliance as required in this subpart.
5. Citation: Minnesota Rules, part 9555.9720, subparts 7 and 8.
Violation: The license holder did not ensure safety as required.
a. The license holder did not ensure equipment and furniture were in good repair. At the time of the licensing review on September 16, 2025, DHS licensors observed the following:
· a metal door jam that was unattached from the wall;
· stained ceiling tiles; and
· stained carpet throughout the center.
b. The license holder did not ensure the areas used by participants receiving services were free from loose plaster and peeling paint. On September 16, 2025, DHS licensors observed areas throughout the center with chipped sheetrock and peeling paint.
Repeat Violation: In a Correction Order that DHS issued on May 9, 2025, you were previously found in violation of this same rule.
Corrective Action Required: Within 30 days of receiving this order, you must:
· ensure the equipment and furniture used by participants receiving services are in good repair; and
· ensure the areas used by participants receiving services are free from loose plaster and peeling paint.
On an ongoing basis, you must maintain compliance as required in these subparts.
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.
Alexandra Devick, HCBS Human Services Licensor Licensing Division Office of Inspector General 651-431-4626
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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