|
February 2, 2026 Segun Olatayo, Authorized Agent American Best Home Care Inc 10230 28th Avenue North Plymouth, Minnesota 55441 License Number: 1117606 (245D – HCBS) CORRECTION ORDER Dear Segun Olatayo: On December 16, 2025, a licensing review of American Best Home Care Inc, located at 10230 28th Avenue North, Plymouth, 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.04, subdivision 1. Violation: For one of five persons whose record was reviewed (P2), the license holder did not provide service recipient rights 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. The license holder did not provide P2 with a written notice that identified the service recipient rights and an explanation of those rights annually in 2025. The license holder most recently provided P2 the required written notice in June 2024. Corrective Action Ordered: Within 30 days of receiving this order, you must provide P2 with a written notice of the service recipient rights and maintain a documentation of P2’s receipt of the copy and an explanation of the rights. On an ongoing basis, you must maintain compliance as required in this subdivision. 2. Citation: Minnesota Statutes, section 245D.04, subdivision 3, paragraph (c). Violation: For one person whose record was reviewed (P2), the license holder did not document a restriction of a person’s rights as required. The license holder restricted P2’s right to engage in chosen activities and right to access to P2’s personal possessions at any time. The license holder did not document the restrictions in P2’s support plan addendum, including the following information: · justification for the restriction based on an assessment of the person’s vulnerability relate to exercising the right without restriction; · the objective measures set as conditions for ending the restriction; · a schedule for reviewing the need for the restriction based on the conditions for ending the restriction to occur semi-annually from the date of initial approval, at a minimum; and · signed and dated approval for the restriction from the person. Corrective Action Ordered: Within 30 days of receiving this order, you must document the restriction of P2’s rights, including the above-mentioned information. On an ongoing basis, you must maintain compliance as required in this subdivision. 3. Citation: Minnesota Statutes, section 245D.05, subdivision 2, paragraph (c). Violation: For two persons whose records were reviewed (P1 and P2), the license holder did not ensure information was documented in the medication administration record (MAR) as required. The license holder did not ensure the possible consequences if a medication or treatment is not taken or administered as directed was documented in P1’s and P2’s MAR. Corrective Action Ordered: Within 30 days of receiving this order, you must document the possible consequences if a medication or treatment is not taken or administered as directed in P1’s and P2’s MAR. On an ongoing basis, you must maintain compliance as required in this subdivision. 4. Citation: Minnesota Statutes, section 245D.05, subdivision 4. Violation: For two persons whose records were reviewed (P1 and P2), the license holder did not review the medication administration record as required. a. The license holder completed reviews of P1’s medication administration records from February 2025 to September of 2025. The license holder did not note the multiple medication refusals for P1 in those months. Additionally, the license holder did not document when the results of the reviews were reported to P1’s case manager. b. The license maintained MAR reviews dated June 4, 2025, September 2, 2025, and December 1, 2025, for P2 that were inaccurate. The MAR reviews indicated there were no medication errors or refusals. The license holder maintained documentation in P2’s record of missed medications between June 1, 2025-December 15, 2025. The license holder did not ensure medication issues were reviewed to identify medication administration errors. Additionally, the license holder did not develop and implement a plan to correct patterns of medication administration errors. c. The license holder maintained documentation of over 1000 instances of medication not administered and treatment not performed as prescribed for P2 between June 1, 2025-December 15, 2025, due to staff error and refusal by the person. The license holder did not report P1’s refusal to take or receive medication as prescribed or medication administration errors by staff to P2’s case manager as they occurred.
Corrective Action Ordered: Within 30 days of receiving this order, you must: · conduct a review of P1’s and P2’s 2025 and 2026 medication administration records; and · if medication errors are identified, you must develop and implement a plan to correct patterns of medication administration errors and report any errors to P1’s and P2’s case manager. On an ongoing basis, you must maintain compliance as required in this subdivision. 5. Citation: Minnesota Statutes, section 245D.051, subdivision 1, paragraph (b).
Violation: For two persons whose records were reviewed (P1 and P2), the license holder did not develop 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 P1 and P2, including psychotropic medications. The license holder did not document a description of the target symptoms that each psychotropic medication was to alleviate for P1 and P2. Corrective Action Ordered: Within 30 days of receiving this order, you must review and revise P1’s and P2’s support plan addendums 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. 6. Citation: Minnesota Statutes, section 245D.071, subdivision 3, paragraph (b). Violation: For one person whose record was reviewed (P2), the license holder did not complete assessments as required. The license holder did not complete required assessments according to this paragraph for P2 annually in 2025. Corrective Action Ordered: Within 30 days of receiving this order, you must: · complete the required assessments for P2 that produce information about the person that describes their overall strengths, functional skills, and abilities; and · review the results of the assessments with P2, P2’s case manager and member of the support team. Additionally, you must document this review in P2’s support plan addendum. On an ongoing basis, you must maintain compliance as required in this subdivision. 7. Citation: Minnesota Statutes, section 245D.071, subdivision 3, paragraph (c) and (d). Violation: For one person whose record was reviewed (P2), the license holder did not meet service planning requirements for intensive support services as required. The license holder did not meet with P2, P2’s case manager and other members of the support team before providing 45 days of service to determine the following: · the person’s preferences for how services and supports are provided, including how the provider will support the person to have control of the person’s schedule; · opportunities to develop and maintain essential and life-enriching skills, abilities, strengths, interests, and preferences; · opportunities for community access, participation, and inclusion in preferred community activities; and · a discussion of how technology might be used to meet the person’s desired outcomes. Corrective Action Ordered: Within 30 days of receiving this order, you must meet with P2, P2’s case manager and other members of the support team to determine the above mentioned information. On an ongoing basis, you must maintain compliance as required in this subdivision. 8. Citation: Minnesota Statutes, section 245D.071, subdivision 4. Violation: For one person whose record was reviewed (P2), the license holder did not develop outcomes and supports as required. The license holder held P2’s initial planning meeting July 22, 2024. The license holder did not develop a service plan that documented the service outcomes and supports within ten working days of the initial planning meeting for P2. The license holder developed service outcomes and supports for P2 on September 19, 2025. Corrective Action Ordered: On an ongoing basis, you must maintain compliance as required in this subdivision. 9. Citation: Minnesota Statutes, section 245D.071, subdivision 5, paragraph (b). Violation: For one person whose record was reviewed (P2), the license holder did not meet service planning and evaluation as required. The license holder did not meet with P2, P2’s case manager and other members of the support team at least once per year to discuss how technology might be used to meet the person’s desired outcomes. Corrective Action Ordered: Within 30 days of receiving this order, you must meet and discuss how technology might be used to meet P2’s desired outcome and a summary of that discussion. On an ongoing basis, you must maintain compliance as required in this subdivision. 10. Citation: Minnesota Statutes, section 245D.10, subdivision 4, paragraph (b). Violation: For one person whose record was reviewed (P2), the license holder did not inform and provide copies of policies and procedures as required. The license holder initiated P2’s services on June 9, 2024. The license holder did not inform P2’s case manager of the policies and procedures affecting a person’s rights and provide copies of those policies and procedures within five working days of P2’s service initiation. The license holder provided this to P2’s case manager on November 15, 2024. Corrective Action Ordered: On an ongoing basis, you must maintain compliance as required in this subdivision. 11. Citation: Minnesota Rules, part 9544.0030, subpart 1. Violation: For two persons whose records were reviewed (P1 and P2), the license holder did not evaluate positive support strategies as required. The license holder did not evaluate the identified positive support strategies with P1 and P2 at least every six months. Corrective Action Ordered: Within 30 days of receiving this order, you must: · evaluate the identified positive support strategies with P1 and P2 and document the evaluation in P1’s and P2’s support plan addendum; and · based upon the results of the evaluation, you must determine whether changes are needed in the positive support strategies used, and, if so, make the appropriate changes. Additionally, you must evaluate the identified positive support strategies with P1 and P2 at least every six months. On an ongoing basis, you must maintain compliance as required in this subpart. 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. Tammi Mitei, HCBS Human Services Licensor Licensing Division Office of Inspector General 651-431-6341
|
