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November 6, 2025 Daniel L. M. Kennedy, Counsel 3400 East Lake Street, Suite 200 Minneapolis, MN 55406 RE: Program Name: Client Residential Care, Inc. License Number: 1120575 (HCBS) Program Location: 1821 University Avenue West, Suite 294, St. Paul, MN 55104 ORDER TO CORRECT RECONSIDERATION DECISION Dear Mr. Kennedy: The Minnesota Department of Human Services (DHS), Division of Licensing, received your request dated July 15, 2025, for reconsideration on behalf of your client, Client Residential Care, Inc., regarding Citation 2 in the Correction Order issued on July 7, 2025. After an independent review of the record, the Commissioner has determined that there is sufficient evidence to support the citation. Because you requested reconsideration only of Citation 2, the remaining citations are final and not within the scope of this review. Citation 2 Violation Your client was issued a correction order for failure to provide services in compliance with the federal waiver plan as required, specifically by employing and compensating the recipient’s spouse as a caregiver to provide night supervision services. Applicable Law State law requires that license holders must provide services as assigned in the support plan and comply with the federal waiver plans under Minn. Stat. § 245D.07, Subd. 1. The federal waiver plan does not permit spouses to be compensated for providing waiver services, including night supervision services, as outlined in the Community-Based Service Manual. Your Response. You contend that your client actually informed the DHS licensor that the caregiver is not the recipient’s spouse, but rather the recipient’s daughter’s spouse. You have not provided any documentation on reconsideration. Reconsideration Decision The license holder told the HCBS Licensor that the recipient’s husband provided night supervision. Although on reconsideration you state the caregiver was the recipient’s daughter’s spouse, you did not provide documentation or other evidence to support your position or refute the prior statements made. Minnesota Statutes, section 245A.06, subdivision 2, requires that on reconsideration you include documentation showing the citation was issued in error and you did not do so. The service recipient’s husband provided night supervision in violation of the federal waiver plan. This citation is affirmed. Disposition The Commissioner has reviewed the relevant laws and the information you submitted in response to the Correction Order. Citation 2 is affirmed. This is a final agency decision. Sincerely,
Kofi Montzka, Attorney Legal Counsel’s Office Office of Inspector General
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