Minnesota

January 8, 2026

Kifah Barre, Authorized Agent

Ebyan Adult Day Care Inc

678 Randall Drive

Anoka, Minnesota 55303

License Number: 1101598 (Rule 223)

CORRECTION ORDER

Dear Kifah Barre:

On November 25, 2025, a licensing review of Ebyan Adult Day Care Inc, located at 1810 Riverside Avenue, Minneapolis, 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 one of three participants whose record was reviewed (P3), the license holder did not meet the requirements for an individual abuse prevention plan (IAPP).

The license holder did not develop an IAPP for P3 as part of P3’s initial individual program plan or service plan.

Corrective Action Ordered: Within 15 days, you must develop an IAPP for P3. Compliance with this order will be reviewed on site. On an ongoing basis, you must maintain compliance as required in this subdivision.

2. Citation: Minnesota Rules, part 9555.9660, subpart 1.

Violation: For three participants whose records were reviewed (P1, P2, and P3), the license holder did not maintain a written record as required.

a. The license holder did not include participation reports and progress notes that were recorded at least monthly in P1’s participant record.

b. The license holder did not include the following in P2’s participant record:

· an application form that included P2’s source of referral;

· a report on a physical examination, update annually; and

· participation reports and progress notes that are recorded at least monthly.

c. The license holder did not include the following in P3’s participant record:

· an application form that included:

o P3’s telephone number; and

o name and telephone number of P3’s physician or medical provider;

· a medical report, dated within the three months prior to or 30 days after P3’s admission to the center that included:

o a report on a physical examination;

o P3’s medical history;

o indication of dietary restrictions that apply to P3;

o a release signed by the physician indicating whether P3 may engage in a structured exercise program; and

o documentation that P3 was free from communicable disease or infestations, as specified in parts 4605.7000 to 4605.7090, that would endanger the health of other participants.

Repeat Violation: In a Correction Order that DHS issued on February 12, 2024, you were previously found in violation of this same rule.

Corrective Action Ordered: Within 30 days of receiving this order, you must maintain all information detailed above in P1, P2, and P3’s participant records. Compliance with this order will be reviewed on site. On an ongoing basis, you must maintain compliance as required in this subpart.

3. Citation: Minnesota Rules, part 9555.9700, subpart 2.

Violation: For one participant whose record was reviewed (P3), the license holder did not complete initial service planning as required.

a. The license holder did not conduct a needs assessment for P3 within 30 days of admission that addressed:

· the participant’s psychosocial status (for example, awareness level, personal care needs, need for privacy or socialization);

· the participant's functional status (for example, endurance and capability for ambulation, transfer, and managing activities of daily living); and

· the participant's physical status, to be determined by observation, from the intake screening interview, and from the medical report received from the participant's physician.

b. The license holder did not develop a preliminary service plan for P3 within 30 days of admission that included:

· scheduled days of the participant’s attendance at the center;

· transportation arrangements for getting the participant to and from the center;

· the participant’s nutritional needs and, where applicable, dietary restrictions;

· role of the participant’s caregiver or caregivers in carrying out the service plan; and

· services and activities in which the participant would take part immediately upon admission.

Repeat Violation: In a Correction Order that DHS issued on February 12, 2024, you were previously found in violation of this same rule.

Corrective Action Ordered: Within 30 days of receiving this order, you must:

· conduct a needs assessment for P3 as detailed above; and

· develop a preliminary service plan for P3 that includes the information detailed above.

Compliance with this order will be reviewed on site. On an ongoing basis, you must maintain compliance as required in this subpart.

4. Citation: Minnesota Rules, part 9555.9700, subpart 3.

Violation: For three participants whose records were reviewed (P1, P2, and P3), the license holder did not develop a written plan of care as required.

a. The license holder did not develop written plans of care for P1 and P2 that included short and long-term objectives stated in concrete, measurable, and time specific outcomes.

b. The license holder did not develop a written plan of care for P3 that included:

· an update of the preliminary service plan and additional services required by the participant;

· short and long-term objectives for the participant stated in concrete, measurable and time specific outcomes; and

· provisions for quarterly review and quarterly revisions of the individual plan of care.

Repeat Violation: In a Correction Order that DHS issued on February 12, 2024, you were previously found in violation of this same rule.

Corrective Action Ordered: Within 30 days of receiving this order, you must develop written plans of care for P1, P2, and P3 to include the information detailed above. Compliance with this order will be reviewed on site. On an ongoing basis, you must maintain compliance as required in this subpart.

5. Citation: Minnesota Rules, part 9555.9650, item B.

Violation: For one consultant whose record was reviewed, the license holder did not maintain a personnel file as required.

The license holder did not maintain a personnel file for the registered nurse that included a copy of a signed contract or letter of appointment specifying conditions and terms of employment.

Corrective Action Ordered: Within 30 days of receiving this order, you must maintain a copy of a signed contract or letter of appointment for your registered nurse specifying conditions and terms of employment. Compliance with this order will be reviewed on site. On an ongoing basis, you must maintain compliance as required in this item.

6. Citation: Minnesota Rules, part 9555.9690, subpart 4.

Violation: For one of two staff persons whose record was reviewed (SP1), the license holder did not provide in-service training annually as required.

The license holder did not provide SP1 a minimum of eight hours of in-service training annually in 2025.

Repeat Violation: In a Correction Order that DHS issued on February 12, 2024, you were previously found in violation of this same rule.

Corrective Action Ordered: Within 30 days of receiving this order, you must provide the required in-service training above to SP1. Compliance with this order will be reviewed on site. On an ongoing basis, you must maintain compliance as required in this subpart.

7. Citation: Minnesota Rules, part 9555.9710, subparts 4 and 7.

Violation: The license holder did not offer services as required.

a. The license holder did not ensure the registered physical therapist provided consultation and review of the exercise program, at least quarterly. The most recent review was conducted in May 2025.

b. The license holder did not maintain a family and social history in P1’s record that was updated annually in 2025.

Repeat Violation: In a Correction Order that DHS issued on February 12, 2024, you were previously found in violation of this same rule.

Corrective Action Ordered: Within 30 days of receiving this order, you must:

· ensure your physical therapist provides consultation and review of your exercise program; and

· maintain and update P1’s family and social history, as applicable.

Compliance with this order will be reviewed on site. On an ongoing basis, you must maintain compliance as required in these subparts.

8. Citation: Minnesota Rules, part 9555.9720, subpart 8.

Violation: The license holder did not ensure safety as required.

The license holder did not ensure the areas used by participants were free from loose plaster and peeling paint. At the time of the licensing review, DHS licensors observed areas throughout the center with chipped sheetrock and peeling paint.

Repeat Violation: In a Correction Order that DHS issued on February 12, 2024, you were previously found in violation of this same rule.

Corrective Action Ordered: Within 30 days of receiving this order, you must ensure areas used by participants are free from loose plaster and peeling paint. Compliance with this order will be reviewed on site. On an ongoing basis, you must maintain compliance as required in this subpart.

9. Citation: Minnesota Rules, part 9555.9730, subpart 6.

Violation: The license holder did not ensure physical plant and space requirements.

The license holder did not ensure restrooms used by participants were equipped with a mechanism that participants could use to signal staff members by light or by sound if participants need assistance.

Corrective Action Ordered: Within 30 days of receiving this order, you must ensure the restrooms used by participants are equipped with a mechanism that participants can use to signal staff members by light or by sound if they need assistance. Compliance with this order will be reviewed on site. On an ongoing basis, you must maintain compliance as required in this subpart.

10. Citation: Minnesota Statutes, section 245A.65, subdivision 1, paragraph (b).

Violation: The license holder did not establish policies and procedures related to suspected or alleged maltreatment as required.

The license holder’s policy and procedures related to suspected or alleged maltreatment did not identify a secondary person or position who would ensure that, when required, internal reviews were completed.

Corrective Action Ordered: Immediately, you must ensure the above-mentioned policy and procedures are established as required in this subdivision. A copy of the policies and procedures must be posted in a prominent location in the center. Compliance with this order will be reviewed on site. On an ongoing basis, you must maintain compliance as required in this subdivision.

11. Citation: Minnesota Statutes, section 245A.65, subdivision 2, paragraph (a).

Violation: The license holder did not establish a written program abuse prevention plan (PAPP) as required.

The license holder failed to ensure the license holder’s governing body or the governing body’s delegated representative reviewed the PAPP at least annually. The license holder most recently documented a review of the PAPP on November 14, 2023.

Corrective Action Ordered: Within 30 days of receiving this order, you must review your PAPP using the assessment factors in the plan and any substantiated maltreatment findings that occurred since the last review. Compliance with this order will be reviewed on site. On an ongoing basis, you must maintain compliance as required in this subdivision.

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.

Katie Johnson, HCBS Human Services Licensor

Licensing Division

Office of Inspector General

651-431-4113


PO Box 64242 • Saint Paul, Minnesota • 55164-0242 • An Equal Opportunity and Veteran Friendly Employer

https://mn.gov/dhs/general-public/licensing/