|
December 15, 2025 Fatou Jallow, Authorized Agent Empathy Home Care Inc 4600 Oak Grove Parkway North Brooklyn Park, MN 55443 License Number: 1119230 (245D – HCBS) CORRECTION ORDER Dear Fatou Jallow: On August 29, 2025, a licensing review of Empathy Home Care Inc, located at 4600 Oak Grove Parkway North, Brooklyn Park, Minnesota, was conducted to determine compliance with state and federal laws and rules governing the provision of home and community-based services to persons with disabilities and age 65 and older under Minnesota Statutes, Chapter 245D. 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 245D.051, subdivision 1. Violation: For three of five persons whose records were reviewed (P2, P4, and P5), the license holder did not meet the requirements for psychotropic medication use and monitoring. The license holder was assigned the responsibility for administering psychotropic medications to P2, P3, and P4. The license holder did not document the target symptoms each psychotropic medication was used to alleviate for the person. Repeat Violation: In Correction Orders that DHS issued on December 4, 2024, and July 8, 2025, you were previously found in violation of the same statute. Corrective Action Ordered: Within 30 days of receiving this order, you must document the above information in P2’s, P4’s, and P5’s support plan addendums. On an ongoing basis, you must maintain compliance as required in this subdivision. 2. Citation: Minnesota Statutes, section 245D.071, subdivision 4, paragraph (b). Violation: For two persons whose records were reviewed (P1 and P4), the license holder did not develop service outcomes and supports as required in this subdivision. a. The license holder did not develop a service plan for P1 that documented the measurable and observable criteria for identifying when the desired outcome has been achieved for P1’s outcomes documented as “Outcome #1”, “Outcome #2”, and “Outcome #3” in P1’s support plan addendum. b. The license holder did not develop a service plan for P4 that documented the supports and methods to be implemented to support the person and accomplish outcomes. Repeat Violation: In Correction Orders that DHS issued on December 4, 2024, and July 8, 2025, you were previously found in violation of the same statute. Corrective Action Ordered: Within 30 days of receiving this order, you must: · review and revise P1’s support plan addendum to include the above information; · develop a service plan for P4 that documents the supports and methods to be implemented to support P4 and accomplish outcomes. The documentation must include: o the methods or actions that will be used to support the person and to accomplish the service outcomes, including information about: · any changes or modifications to the physical and social environments necessary when the service supports are provided; · any equipment and materials required; and · techniques that are consistent with the person’s communication mode and learning style; o the measurable and observable criteria for identifying when the desired outcome has been achieved and how data will be collected; o the projected starting date for implementing the supports and methods and the date by which progress towards accomplishing the outcomes will be reviewed and evaluated; and o the names of the staff or position responsible for implementing the supports and methods. On an ongoing basis, you must maintain compliance as required in this subdivision. 3. Citation: Minnesota Statutes, section 245D.10, subdivision 4. Violation: For one person whose record was reviewed (P4), the license holder did not provide policies and procedures as required. The license holder did not inform and provide P4’s case manager with copies of the following policies and procedures that affect a person’s rights within five working days of service initiation: · grievance policy and procedure; · service suspension and termination policy and procedure; · emergency use of manual restraints policy and procedure; and · data privacy. Repeat Violation: In Correction Orders that DHS issued on December 4, 2024, and July 8, 2025, you were previously found in violation of this same statute. Corrective Action Ordered: Within 30 days of receiving this order, you must provide P4’s case manager the policies mentioned above. On an ongoing basis, you must maintain compliance as required in this subdivision. 4. Citation: Minnesota Statutes, section 245D.095, subdivision 5. Violation: For two of four staff persons whose records were reviewed (SP3 and SP4), the license holder did not maintain personnel records as required. a. The license holder did not maintain documentation of staff orientation for SP3, including the date training was completed, the number of hours per subject area, and the name of the trainer or instructor. b. The license holder did not maintain documentation of SP4’s training that included the number of hours per subject area. Repeat Violation: In a Correction Order that DHS issued on July 8, 2025, you were previously found in violation of the same statute. Corrective Action Ordered: On an ongoing basis, you must maintain compliance as required in this subdivision. 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 ATTN: Legal Unit Licensing Division PO Box 64242 St. Paul, MN 55164-0242 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. Michael Byrne, Human Services Licensor Licensing Division Office of Inspector General 651-431-6709
|
