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Date Issued: October 28, 2025 CERTIFIED MAIL Date Reissued: December 3, 2025 Jody Lynn Miller, Authorized Agent Lutheran Social Services of Minnesota 2485 Como Avenue Saint Paul, MN 55108 License Number 1069963 (HCBS – 245D) AMENDED ORDER TO PAY A FINE FOR BACKGROUND STUDY VIOLATIONS Notice: This Amended Order to pay a fine for background study violations supersedes the original order dated October 28, 2025. This Amended Order rescinds four of the five background study violations. After the license holder received the Order to Pay a Fine, it was determined that the license holder had provided DHS with the misspelling of four employee names which led to the background study violations. Accordingly, the license holder provided DHS with background study clearances for the four employees with the correct spelling of their names. The original Order to Pay a Fine, dated October 28, 2025, must be destroyed. Dear Jody Lynn Miller: The Department of Human Services (DHS) is ordering you to pay a fine of $200 for two background study violations. Details of our findings are provided below. Our next steps and your options are also detailed. Reason for the Fine DHS is issuing this fine order based on your non-compliance with the following background study requirements: Background Study Violation Determined on July 29, 2025 – August 5, 2025: 1. As a result of a licensing review, DHS licensors determined that you did not request background studies for two staff persons before they began working in positions allowing direct contact with persons served. SP1 was hired on March 1, 2025, and began working in a position that allowed unsupervised direct contact with persons served by the program. The license holder did not initiate a background study for SP1 until April 1, 2025. SP2 was hired on March 17, 2025, and had unsupervised direct contact with persons served by the program on March 27, 2025. The license holder did not initiate a background study for SP2 until April 17, 2025. Under Minnesota Statutes, section 245A.07, subdivision 3, paragraph (d), the Commissioner shall not issue a fine to a license holder who self-corrects a background study violation before the Commissioner discovers the violation. A license holder who has previously exercised the provision of paragraph (d) to avoid a fine for a background study violation may not avoid a fine for a subsequent background study violation unless at least 365 days have passed since the license holder self-corrected the earlier background study violation. Because the license holder self-corrected the background study violation involving SP1 before the Commissioner discovered the violation, the license holder is not being fined for the background study violation involving SP1. Although the license holder self-corrected the background study violation involving SP2, at least 365 days had not passed since the license holder previously self-corrected the background study for SP1. Therefore, the license holder is being fined for the background study violation involving SP2. Statute Violated: Minnesota Statutes, section 245C.04, subdivision 1, paragraph (g). Fine: $200 Corrective Action Required: On an ongoing basis, you must comply with the background study requirements in Minnesota Statutes, chapter 245C. Billing and Payment of the Fine DHS will send you an invoice for the $200 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. Following the contested case hearing, the Commissioner of DHS will issue a final order on this matter. 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 is personally and jointly responsible for payment. Your Right to Appeal You do not have the right to appeal this Amended Order to Pay a Fine because you have already submitted a letter appealing the original Order to Pay a Fine, dated October 28, 2025. On November 18, 2025, the Minnesota Department of Human Services (DHS), Licensing Division, received your letter appealing the Order to Pay a Fine for Background Study Violations. 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. · DHS may impose a $200 fine for each background study violation under Minnesota Statutes, section 245A.07, subdivision 3, paragraph (c)(4)(iv). · The exception that allows a license holder who self-corrects a background study violation to avoid a fine does not apply when the license holder was cited for the same violation within the past 365 days, under Minnesota Statutes, section 245A.07, subdivision 4, paragraph (d). · Minnesota Statutes, section 245A.07, subdivision 3, paragraph (c)(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. If you have any further questions regarding this matter, you may contact Leota Bemis, Supervisor, at 651-431-5637. Sincerely,
Leota Bemis, Unit Supervisor Licensing Division Office of Inspector General
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