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February 9, 2026 Akinbowale John Barbington, Authorized Agent 6901 78th Ave N Suite 101 Brooklyn Park, MN 55445 RE: Program Name: New Hope Living & Nursing Services, Inc. License Number: 1070370 (245D – HCBS), 1110149 (Community Residential Setting) Report Number: 202503994 CORRECTION ORDER RECONSIDERATION DECISION Dear Akinbowale John Barbington: The Minnesota Department of Human Services (DHS), Division of Licensing, received your request for reconsideration on October 20, 2025, regarding Citations 13 and 14 in the Correction Order dated September 26, 2025. While your reconsideration request states that you find only Citations 13 and 14 to be in error, you then also dispute Citation 1b specifically, so we will address that here. After an independent review of the record, the Commissioner has determined that there is sufficient evidence to support the Citations. Because you did not request reconsideration of Citations 1(a) through 12, 15, and 16, those Citations are final and not within the scope of this review. Citation 1b Violation DHS issued Citation 1b to you for failure to ensure the staff person identified as the designated manager provided program management and oversight of the services provided by the license holder. Specifically, the manager did not provide program coordination, management, and oversight as exemplified through Citations 2 through 16 of the correction order. Applicable Law State law requires that the license holder provides program management and oversight of the services provided under Minn. Stat. §245D.081, Subd. 3. Management and oversight include, but are not limited to, responsibilities such as maintaining a current understanding of licensing requirements to ensure compliance and evaluating the satisfaction of persons served by the program and the case manager. Your Response You contend that you sent out surveys to the individuals served, case managers, and guardians that evaluate satisfaction with service delivery and outcome progress. DHS Response On reconsideration, you state you sent out surveys to evaluate satisfaction with service delivery and outcome progress but did not submit any documentation to DHS in support of your claim. Even if such surveys were completed, evaluation of services is only one factor in determining whether program management and oversight occurred. You did not dispute the other examples as outlined through Citations 2 through 16 as evidence of the lack of program coordination, management, and oversight. Without documentation demonstrating otherwise, you did not provide sufficient management and oversight as outlined in the correction order. Therefore, this Citation was correct, and it is affirmed. Citation 13 Violation DHS issued Citation 13 to you for failure to implement service outcomes and supports as required. Specifically, data was not collected to track progress on the VA’s outcome titled “going for a walk” during a three-month period. Applicable Law State law requires that the license holder document the supports and methods to be implemented to support the person and accomplish outcomes related to acquiring, retaining, or improving skills and physical, mental, and emotional health and well-being under Minn. Stat. § 245D.071, Subd. 4.
Your Response You contend that you collected data to demonstrate that you supported the VA in achieving the outcome “going for a walk” and provided monthly summary data regarding the VA’s “Community Integration Goal.” DHS Response On reconsideration, you provided monthly summary data for the VA, however, the data provided concerns a different outcome for the VA, specifically titled “Community Integration Goal.” Rather, the outcome at issue in the correction order is in regard to the separate goal to assist the VA in “going for a walk” three times a week as documented in Therap. At the time of the licensing review, DHS licensors did not observe documentation of this goal as required. The data you provided upon reconsideration is irrelevant to the specific outcome in question. Therefore, as you did not provide documentation to demonstrate that you implemented supports or methods as required under statute, this Citation was correct, and it is affirmed. Citation 14 Violation DHS issued Citation 14 to you for failure to restrict the use of prohibited procedures. Specifically, as charted in program documentation, staff denied the VA access to his/her wheelchair when the license holder placed the VA on the floor to prevent the VA from injuring themselves and did not immediately return the VA to his/her wheelchair after the imminent risk of injury had subsided. Applicable Law State law prohibits specific actions or procedures to reduce or eliminate behavior as punishment or for staff convenience, including denying or restricting a person’s access to equipment devices such as wheelchairs that facilitate the person’s functioning under Minnesota Rules 9544.0060, subpart 2, paragraph (f). Temporary removal of the equipment is permitted when necessary to prevent injury, however, the equipment must be returned as soon as imminent risk of injury or serious damage has passed. Your Response You state that you have no documentation or evidence to demonstrate that the VA was denied his/her wheelchair or kept on the ground and thus, did not provide any documentation on reconsideration. DHS Response Although you contend that you do not have documentation of the incident in question, at the time of the licensing review, DHS obtained documentation from the Therap T-Logs that are used by your employees, in this case created by the Group Home Supervisor. Specifically, the T-Logs, dated 6/10/2025 and 6/11/2025, were entered by the Group Home Supervisor into Therap and concern the CRS license, 1110149. The documentation indicated that the VA needed assistance with mobility and that the VA used a wheelchair. The VA would put him/herself at risk of falling by attempting to stand on furniture and staff placed the VA on the floor to prevent injury. Instead of temporarily restricting access to alleviate the imminent risk of injury, staff left the VA on the floor for extended periods of over three hours unnecessarily without access to the wheelchair. You did not provide any documentation to demonstrate that the above incidents did not occur. Therefore, this Citation was correct, and it is affirmed. Disposition The Commissioner has reviewed the relevant laws and the information you submitted in response to the Correction Order. The Citations are AFFIRMED. This is a final agency decision. Sincerely,
Cara Brown, Attorney Legal Counsel’s Office Office of Inspector General
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