|
January 2, 2026 Olusola Agundiade, Authorized Agent Olive Healthcare 5901 Brooklyn Boulevard Suite 101 Brooklyn Center, Minnesota 55429-2532 License Number: 1115041 (245D – HCBS) CORRECTION ORDER Dear Olusola Agundiade: On December 8, 2025, a licensing review of Olive Healthcare, located at 5901 Brooklyn Boulevard Suite 101, Brooklyn Center, 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 245A.65, subdivision 2, paragraph (b). Violation: For two of two persons whose records were reviewed (P1 and P2), the license holder did not develop an individual abuse prevention plan (IAPP) as required. The license holder developed IAPPs for P1 and P2 that indicated each person was susceptible to abuse. The license holder did not include statements of the specific measures to be taken to minimize the risk of abuse to P1 and to P2 and other vulnerable adults. Corrective Action Ordered: Within 30 days of receiving this order, you must: · review and revise the IAPPs for P1 and for P2 to include statements of the specific measures to be taken to minimize the risk of abuse to P1 and P2 and other vulnerable adults; · review P1’s and P2’s IAPPs with their expanded support teams; and · maintain this documentation in P1’s and P2’s records. On an ongoing basis, you must maintain compliance as required in this subdivision. 2. Citation: Minnesota Statutes, section 245D.051, subdivision 1, paragraph (b).
Violation: For one person whose record was reviewed (P2), the license holder did not develop, implement, and maintain documentation regarding psychotropic medications as required.
"Target symptom" refers to any perceptible diagnostic criteria for a person's diagnosed mental disorder, as defined by the Diagnostic and Statistical Manual of Mental Disorders Fourth Edition Text Revision (DSM-IV-TR) or successive editions, that has been identified for alleviation.
The license holder was assigned the responsibility of medication administration for P2 including psychotropic medications. The license holder failed to document a description of the target symptoms that each psychotropic medication was to alleviate for P2. Corrective Action Ordered: Within 30 days of receiving this order, you must review and revise P2’s support plan addendum to document a description of the target symptoms each psychotropic medication is to alleviate. On an ongoing basis, you must maintain compliance as required in this subdivision. 3. Citation: Minnesota Statutes, section 245D.071, subdivision 3, paragraphs (c) and (d). Violation: For two persons whose records were reviewed (P1 and P2), the license holder did not meet service planning requirements for intensive support services as required. The license holder did not have a discussion of how technology might be used to meet P1’s and P2’s desired outcomes with P1 and P1’s case manager, and P2 and P2’s case manager within 45 days of service initiation. Corrective Action Ordered: Within 30 days of receiving this order, you must: · discuss with P1 and P1’s case manager, and P2 and P2’s case manager, how technology might be used to meet each person’s desired outcomes, · include a summary of this discussion in the support plan addendum for P1 and P2. The summary must include: o any decision that is made regarding the use of technology; and o a description of any further research that needs to be completed before a decision regarding the use of technology can be made. On an ongoing basis, you must maintain compliance as required in this subdivision. 4. Citation: Minnesota Statutes, section 245D.071, subdivision 4. Violation: For two persons whose records were reviewed (P1 and P2), the license holder did not develop service outcomes and supports as required. The license holder did not develop a service plan that documented the following supports and methods to be implemented to support P1 and P2 to accomplish outcomes related to acquiring, retaining, or improving skills and physical, mental, and emotional health and well-being: · the methods or actions that will be used to support the person and to accomplish the service outcomes, including information about; o any changes or modifications to the physical and social environments necessary when the service supports are provided; and o techniques that are consistent with the person’s communication mode and learning style; · the measurable and observable criteria for identifying when the desired outcomes had been achieved; and · 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. Corrective Action Ordered: Within 30 days of receiving this order, you must: · develop supports and methods for P1’s and P2’s desired outcomes including the information detailed above; · submit to and obtain dated signatures for approval from P1 and P1’s case manager, and P2 and P2’s case manager; and · provide orientation to P1’s and P2’s documented supports and methods to all staff who provide direct support services to P1 and P2. On an ongoing basis, you must maintain compliance as required in this subdivision. 5. Citation: Minnesota Statutes, section 245D.071, subdivision 5. Violation: For one person whose record was reviewed (P2), the license holder did not complete service plan review and evaluation as required. P2’s support plan addendum documented that the license holder was responsible for providing semi-annual progress review reports. The license holder did not provide a semi-annual report or include a summary of P2’s status and progress towards achieving their identified outcomes, including: · making recommendations; and · identifying the rationale for changing, continuing or discontinuing implementation of supports and methods. Corrective Action Ordered: Within 30 days of receiving this order, you must complete a report for P2 that is relative to P2’s most recent progress review meeting including the information detailed above. On an ongoing basis, you must maintain compliance as required in this subdivision. 6. Citation: Minnesota Statues, section 245D.10, subdivision 4, paragraph (b). Violation: For one person whose record was reviewed (P1), the license holder did not inform and provide copies of policies and procedures as required. The license holder did not inform P1 and P1’s case manager of the policies and procedures affecting a person’s rights under section 245D.04 and did not provide copies of the policies and procedures within five working days of service initiation. The license holder initiated services for P1 on June 27, 2024. The license holder informed and provided copies of these policies to P1 on July 19, 2024 and provided copies of these policies to P1’s case manager on September 27, 2024. Correction Action Ordered: On an ongoing basis, you must maintain compliance as required in this subdivision. 7. Citation: Minnesota Statutes, section 245A.65, subdivision 3. Violation: For one of two staff persons whose record was reviewed (SP2), the license holder did not provide orientation to the program abuse prevention plan (PAPP) as required. The license holder did not provide SP2 with orientation to the license holder’s program abuse prevention plan (PAPP) within 72 hours of first providing direct contact. Corrective Action Ordered: On an ongoing basis, you must maintain compliance as required in this subdivision. 8. Citation: Minnesota Statutes, section 245D.09, subdivision 4. Violation: For two staff persons whose records were reviewed (SP1 and SP2), the license holder did not provide orientation training as required. a. The license holder did not provide the following orientation training to SP1 and SP2 within 60 days of hire: · a job description and how to complete specific job functions, including: o responding to and reporting incidents as required under section 245D.06, subdivision 1; and o following safety practices established by the license holder and as required in section 245D.06, subdivision 2; · the license holder's current policies and procedures required under this chapter, including their location and access, and staff responsibilities related to implementation of those policies and procedures; · the safe and correct use of manual restraint on an emergency basis according to the requirements in section 245D.061 or successor provisions, and what constitutes the use of restraints, time out, and seclusion, including chemical restraint; · staff responsibilities related to prohibited procedures under section 245D.06, subdivision 5, or successor provisions, why such procedures are not effective for reducing or eliminating symptoms or undesired behavior, and why such procedures are not safe; · basic first aid; and · strategies to minimize the risk of sexual violence, including concepts of healthy relationships, consent, and bodily autonomy of people with disabilities. b. The license holder did not provide SP1 and SP2 with orientation training to the service recipient rights within 60 days that included the following rights: · have services and supports identified in the support plan and the support plan addendum provided in a manner that respects and takes into consideration the person’s preferences according to the requirements in sections 245D.07 and 245D.071; have freedom and support to access food and potable water at any time; · know conditions and terms governing the provision of services, including the license holder’s admission criteria and policies and procedures related to temporary service suspension and service termination; · a setting that is clean and free from accumulation of dirt, grease, garbage, peeling paint, mold, vermin and insects; and · access records and recorded information about the person in accordance with applicable state and federal law, regulation, or rule; · be free from restraint, time out, seclusion, restrictive intervention, or other prohibited procedure identified in section 245D.06, subdivision 5, or successor provisions, except for (i) except for emergency use of manual restraint to protect the person from imminent danger to self or others according to the requirements in section 245D.061 or successor provisions; or (ii) the use of safety interventions as part of a positive support transition plan under section 245D.06, subdivision 8, or successor provisions; · reasonable observance of cultural and ethnic practice and religion; · be free from bias and harassment regarding race, gender, age, disability, spirituality, and sexual orientation; · be informed of and use the license holder’s grievance policy and procedures, including knowing how to contact persons responsible for addressing problems and to appeal under section 256.045; · give or withhold written informed consent to participate in any research or experimental treatment; · associate with other persons of the person’s choice, in the community; · personal privacy; including the right to use the lock on the person’s bedroom or unit door; · engage in chosen activities; and · access to the person’s personal possessions at any time, including financial resources. Corrective Action Ordered: Within 30 days of receiving this order, you must · provide SP1 and SP2 with: o a job description and how to complete specific job functions; o the license holder's current policies; and · document SP1 and SP2’s training according to Minnesota Statutes, section 245D.095, subdivision 5. On an ongoing basis, you must maintain compliance as required in this subdivision. 9. Citation: Minnesota SP2 Statutes, section 245D.09, subdivision 5. Violation: For one staff person whose record was reviewed (SP2), the license holder did not provide annual staff training as required. Minnesota Statutes, section 245A.02, subdivision 2b defines “annual” or “annually” to mean prior to or within the same month of the subsequent calendar year. a. The license holder did not provide SP1 with the following annual trainings in 2025: · sections 245A.65, 245A.66, and 626.557 and chapter 260E governing maltreatment reporting and service planning for vulnerable adults, and staff responsibilities related to protecting persons from maltreatment and reporting maltreatment; · the principles of person-centered service planning and delivery as identified in section 245D.07, subdivision 1a, and how they apply to direct support service provided by the staff person. b. The license holder did not provide SP2 with the following annual trainings in 2025: · data privacy requirements according to Minnesota Statutes, sections 13.01 to 13.10 and 13.46, the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA), and staff responsibilities related to complying with data privacy practices; · the principles of person-centered service planning and delivery as identified in Minnesota Statutes, section 245D.07, subdivision 1a, and how they applied to direct support service provided by the staff person; and · staff responsibilities related to prohibited procedures under section 245D.06, subdivision 5, why such procedures are not effective for reducing or eliminating symptoms or undesired behavior, and why such procedures are not safe. Corrective Action Ordered: Within 30 days of receiving this order, you must: · provide SP1 and SP2 annual training on the topics detailed above; and · document SP1’s and SP2’s training according to Minnesota Statutes, section 245D.095, subdivision 5. On an ongoing basis, you must maintain compliance as required in this subdivision. 10. Citation: Minnesota Statutes, section 245D.095, subdivision 5. Violation: For two staff persons whose records were reviewed (SP1 and SP2), the license holder did not maintain personnel records as required. The license holder did not maintain personnel records for SP1 and SP2 that included documentation of the following: · the date of SP1’s and SP2’s first supervised contact with a person served by the program; · the date of SP1’s and SP2’s first unsupervised contact with a person served by the program. 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. Nichol Ginther, Human Services Licensor Licensing Division Office of Inspector General 651-431-4822
|
