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February 3, 2026 Curtis Bossert, Authorized Agent Habilitative Services Inc. 6600 France Avenue South Suite 500 Edina, Minnesota 55435-1878 License Number: 1070961 (245D – Home and Community-Based Services) CORRECTION ORDER Dear Curtis Bossert: On December 9-11, 2025 a licensing review of Habilitative Services inc., located at 403 East Main Street, Marshall, Minnesota and 1400 Madison Avenue Mankato, 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 245A.65, subdivision 2. Violation: For four of thirteen persons whose records were reviewed (P5, P7, P9, and P10), the license holder did not establish and enforce individual abuse prevention plans (IAPP) 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 review P5’s IAPP annually in 2024. The license holder reviewed P5’s IAPP with P5, P5’s legal representative, and P5’s case manager in January 2023, and March 2024. b. P7 was assessed as being susceptible to physical abuse, sexual abuse, verbal abuse, and financial abuse. The license holder did not develop an IAPP for P7 that included specific actions the program would take to minimize the risk of abuse to P7. c. P9 was assessed as being susceptible to physical abuse, sexual abuse, and financial abuse. The license holder did not develop an IAPP for P9 that included specific actions the program would take to minimize the risk of abuse to P9. d. P10 was assessed as being susceptible to physical abuse, sexual abuse, and financial abuse. The license holder did not develop an IAPP for P10 that included specific actions the program would take to minimize the risk of abuse to P10. Corrective Action Ordered: Within 30 days of receiving this order, you must: · revise P7’s, P9’s, and P10’s IAPPs to include specific actions you will take to minimize the risk of abuse in assessed areas; · review the revised IAPPs with P7’s, P9’s, and P10’s expanded support teams; · provide training on the revised IAPP’s to all staff working with P7, P9, and P10; and · maintain documentation of the review in P7’s, P9’s, and P10’s record. On an ongoing basis, you must maintain compliance as required in this subdivision. 2. Citation: Minnesota Statutes, section 245A.65, subdivision 3. Violation: For three of seventeen staff persons whose records were reviewed (SP7, SP10, and SP11), the license holder did not provide training to mandated reporters 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 SP7 with an annual review of the Program Abuse Prevention Plan (PAPP) annually in 2024 and 2025. The license holder provided this training to SP7 in June 2023, November 2024, and December 2025. b. The license holder did not provide SP10 with an annual review of the Program Abuse Prevention Plan (PAPP) annually in 2024. The license holder provided SP10 with review of the PAPP in November 2023 and January 2025. c. The license holder did not provide orientation to the Program Abuse Prevention Plan within 72 hours of providing direct contact services. SP11 had unsupervised direct contact with persons served on October 27, 2024. SP11 received orientation to the PAPP on November 21, 2024. Correction Action: On an ongoing basis, you must maintain compliance as required in this subdivision. 3. Citation: Minnesota Statutes, section 245D.04, subdivision 1. Violation: For one person whose record was reviewed (P5), the license holder did not provide service recipient rights as required. The license holder did not provide P5 or P5’s legal representative with a written notice that identified the service recipient rights in subdivision 2 and 3 annually in 2024. The license holder provided P5 or P5’s legal representative with the service recipient rights in January 2023 and March 2024. Corrective Action Ordered: On an ongoing basis, you must maintain compliance as required in this subdivision. 4. Citation: Minnesota Statutes, section 245D.04, subdivision 3. Violation: For two persons whose records were reviewed (P5 and P10), the license holder did not ensure the exercise and protection of the person’s rights as required. a. The license holder did not review with P5 or P5’s legal representative the need for the restriction of P5’s rights based on the conditions for ending the restriction semiannually, at a minimum. The license holder conducted a review in July 2023 and March 2024. b. The license holder did not ensure that P10 had access to their personal possessions at all times. It was observed by licensors at P10’s home, that P10’s debit card and identification card were kept in a locked box in the staff office. Corrective Action Ordered: Immediately, you must ensure that P10 has access to their debit card and identification card. On an ongoing basis, you must maintain compliance as required in this subdivision. 5. Citation: Minnesota Statutes, 245D.05, subdivision 1. Violation: For one person whose record was reviewed (P5), the license holder did not document health services as required.
The license holder did not maintain documentation in P5’s support plan addendum about how P5’s health needs would be met including a description of the procedures the license holder would follow to use P5’s medical equipment safely. Corrective Action Ordered: Within 30 days from receiving this order you must: · maintain documentation on how P5’s health needs will be met including a description of the procedures the license holder will follow in order to use P5’s medical equipment safely and according to written instructions from a licensed health professional; · train P5’s staff on the updated support plan addendum; and · maintain documentation according to Minnesota Statutes 245D.095. On an ongoing basis, you must maintain compliance as required in this subdivision. 6. Citation: Minnesota Statutes, 245D.05, subdivision 2, paragraph (c). Violation: For one person whose record was reviewed (P8), the license holder did not complete medication administration as required.
The license holder did not ensure that a notation of when a medication was discontinued was recorded in P8’s medication administration record (MAR). Additionally, the license holder did not ensure proper notation of when P8’s medication was administered or not administered between October 10, 2025, and December 10, 2025. P8’s MAR included a medication with multiple notations of having been refused by P8 between October 10, 2025, and December 10, 2025. Upon inquiry from licensors, the license holder indicated that the medication had been discontinued and should have been removed from the MAR. Corrective Action Ordered: P8’s medication administration record was corrected onsite, removing the above-mentioned medication. On an ongoing basis, you must maintain compliance as required in this subdivision. 7. Citation: Minnesota Statutes, 245D.05, subdivision 4. Violation: For four persons whose records were reviewed (P3, P5, P8, and P10), the license holder did not review medication and treatment issues and report as required.
a. The license holder was assigned responsibility for medication administration for P3. The license holder did not ensure that the information maintained in P3’s MAR was regularly reviewed to identify medication administration errors at least every three months. The license holder did not report the following to P3’s legal representative and case manager as they occurred or as otherwise directed in the support plan or the support plan addendum: · any reports required under subdivision 2, paragraph (c), clause (4); · refusal or failure to take or receive medication or treatment as prescribed; or · concerns about self-administration of medication or treatment. b. The license holder was assigned responsibility for P5’s medication administration. The license holder did not ensure the information in P5’s (MAR) was reviewed every three months, at a minimum, in 2024 and 2025. c. The license holder was assigned responsibility for P8’s medication administration. The license holder did not complete MAR reviews every three months, at a minimum, in 2025. Additionally, when the license holder conducted MAR reviews for P8, licensors found the following inaccuracies: · the MAR review completed for February 2025 indicated that errors were present, but the license holder did not document what those errors were; · the MAR review completed for March 2025 indicated that there were no errors; however, there was a refusal noted on the MAR on March 20, 2025; · the MAR review for May 2025 indicated that there were no errors; however, there was a refusal noted on the MAR on May 5, 2025; and · the MAR review for June 2025 indicated that there were no errors; however, there was a refusal noted on the MAR on June 25, 2025. d. The license holder was assigned responsibility for P10’s medication administration. The license holder did not complete MAR reviews every three months, at a minimum, in 2025. Corrective Action Ordered: On an ongoing basis, you must maintain compliance as required in this subdivision. 8. Citation: Minnesota Statutes, section 245D.05, subdivision 1. Violation: For one person whose record was reviewed (P3), the license holder did not meet health service needs as assigned. The license holder did not maintain documentation on how P3’s health needs will be met including a description of the procedures the license holder would follow in order to provide medication setup. Corrective Action Ordered: Within 30 days of receiving this order, you must document in P3’s support plan addendum how P3’s health needs will be met according to this chapter. On an ongoing basis, you must maintain compliance as required in this subdivision. 9. Citation: Minnesota Statutes, 245D.051, subdivision 1. Violation: For two persons whose records were reviewed (P9 and P13), the license holder did not meet conditions for psychotropic medication administration as required. a. The license holder was assigned responsibility for administering psychotropic medications to P9. The license holder did not develop, implement, and maintain the following documentation in P9’s support plan addendum; · a description of the target symptoms that the psychotropic medication is to alleviate; and · documentation methods the license holder will use to monitor and measure changes in the target symptoms that are to be alleviated by the psychotropic medication. b. The license holder was assigned responsibility for administering a pro re nata (PRN) psychotropic medication to P13. The license holder did not document a description of the target symptoms that the psychotropic medication is to alleviate. Corrective Action Ordered: On an ongoing basis, you must; · document the information above in P9’s support plan addendum; · collect and report on medication and symptom-related data for P9 as instructed by the prescriber; · provide monitoring data to the expanded support team for P13 for review every three months, or as otherwise requested; · document the target symptoms for P13 and identify when the PRN medication should be administered in accordance with Minnesota Statutes, 245D.05, subdivision 2, paragraph (c); and · provide to staff the information needed to safely and correctly administer the medications to P9 and P13 to ensure effectiveness. On an ongoing basis, you must maintain compliance as required in this subdivision. 10. Citation: Minnesota Statutes, 245D.06, subdivision 4. Violation: For three persons whose records were reviewed (P5-P7), the license holder did not meet the requirements for safekeeping funds and property. a. The license holder did not obtain written authorization annually in 2024, from P5 or P5’s legal representative and the case manager to assist P5 with safekeeping of funds and property. The license holder obtained this authorization in January 2023, and September 2024. b. The license holder did not obtain a written authorization from P6 or P6’s legal representative and the case manager when assisting P6 with safekeeping of P6’s funds and property. From 2023 to the time of the licensing review, the license holder maintained financial records and assisted P6 with electronic handling of financial records including bank statements, employment paychecks, and annual tax records. c. The license holder did not implement the preferences of P7’s legal representative for receiving a statement that itemizes receipts and disbursements of funds semi-annually. Corrective Action Ordered: Within 30 days of receiving this order you must: · review with P6 or P6’s legal representative and the case manager P6’s need for assistance with safeguarding funds and property, and if it is determined that you will assist P6 with safeguarding funds and property, obtain written authorization and maintain documentation according to Minnesota Statutes 245D.095; and · provide P7’s legal representative with a semi-annual statement itemizing receipts and disbursements of funds. On an ongoing basis, you must maintain compliance as required in this subdivision. 11. Citation: Minnesota Statutes, section 245D.07, subdivision 1. Violation: For one person whose record was reviewed (P3), the license holder did not provide services as assigned in the support plan as required. The license holder did not provide services to P3 as assigned in P3’s support plan. The license holder was responsible for providing P3 with 1 to 1 supports when providing community residential services (CRS). The license holder indicated that CRS services were being provided to P3 and another individual at the same time. Corrective Action Ordered: On an ongoing basis, you must maintain compliance as required in this subdivision. 12. Citation: Minnesota Statutes, section 245D.07, subdivision 1a. Violation: For two persons whose records were reviewed (P2 and P3), the license holder did not provide person-centered planning and service delivery as required. a. The license holder provided individualized home supports and respite services to P2. The license holder did not ensure that P2’s support plan addendum identified how services would be provided for each service, including how, when and by whom. b. The license holder did not provide P3 with person-centered planning and delivery that identified and supported what was important to P3 as well as what was important for P3. The license holder did not provide services in a manner that supported P3's accomplishment of personal goals and service outcomes P3 desired. The license holder developed an outcome for P3 that was not person-centered. Additionally, P3’s service outcome directly correlated to an area of covered services which are provided within the scope of the licensed service that P3 was receiving. Corrective Action Required: Within 30 days of receiving this order, you must: · review and update P2’s support plan addendum to include the information listed above; · update P3’s support plan addendum to reflect P3’s needs, interests, and preferences; · provide training to staff on the updated support plan addendum; and · maintain documentation according to Minnesota Statutes 245D.095 On an ongoing basis, you must maintain compliance as required. 13. Citation: Minnesota Statutes, 245D.07, subdivision 2. Violation: For one person whose record was reviewed (P5), the license holder did not provide service planning as required.
The license holder did not participate in P5’s service planning and support team meeting semi-annually as assigned in P5’s support plan addendum dated July 2023. The license holder participated in a service planning meeting for P5 in July 2023, and March 2024. Corrective Action Ordered: On an ongoing basis, you must maintain compliance as required in this subdivision. 14. Citation: Minnesota Statutes, 245D.071, subdivision 3. Violation: For two persons whose records were reviewed (P2 and P5), the license holder did not complete assessments as required. a. The license holder did not ensure the self-management assessments for P2 produced information about the person’s overall strengths, functional skills and abilities, and behaviors or symptoms. b. The license holder did not complete P5’s self-management assessments annually. The license holder completed the assessments in January 2023 and March 2024. Corrective Action Ordered: Within 30 days of receiving this order, you must complete an assessment for P2 that describe the person’s overall strengths, functional skills and abilities, and behaviors or symptoms. On an ongoing basis, you must maintain compliance as required in this subdivision. 15. Citation: Minnesota Statutes, 245D.071, subdivision 5, paragraph (b). Violation: For six persons whose records were reviewed (P1, P2, P5-P8), the license holder did not provide service plan review and evaluation as required. a. At least once per year, in 2023, 2024, and 2025, the license holder did not discuss with P1, P2, P7, P8, and their support teams how technology might be used to meet P1’s, P2’s, P7’s, and P8’s desired outcomes. b. The license holder did not discuss with P5, and their support team, in 2024, how technology might be used to meet P5’s desired outcomes. c. The license holder did not discuss with P6, and their support team, in 2023 and 2024, how technology might be used to meet P6’s desired outcomes. Corrective Action Ordered: Within 30 days of receiving this order, you must: · meet with P1, P2, P6, P7, and P8, their legal guardians if applicable, and their case managers to discuss how technology might be used to meet their desired outcomes; · summarize this discussion in the support plan addendums; and · provide staff working with P1, P2, P6, P7, and P8 with training on the updated support plan addendums. On an ongoing basis, you must maintain compliance as required in this subdivision. 16. Citation: Minnesota Statutes, 245D.071, subdivision 5, paragraph (a). Violation: For one person whose record was reviewed (P5), the license holder did not provide service plan review and evaluation as required. The license holder did not meet with P5, P5’s legal representative, and P5’s case manager semi-annually as assigned in the July 2023 support plan addendum. The license holder did not meet with P5, P5’s legal representative, and case manager for P5’s service plan review meeting until March 2024. Corrective Action Ordered: On an ongoing basis, you must maintain compliance as required in this subdivision. 17. Citation: Minnesota Statutes, section 245D.09, subdivision 4. Violation: For one staff person whose record was reviewed (SP3), the license holder did not provide orientation training as required. The license holder did not provide basic first aid to SP3 within 60 days of hire. The license holder documented SP3’s hire date as January 22, 2025. The license holder provided basic first aid to SP3 on May 7, 2025. Correction Action: On an ongoing basis, you must maintain compliance as required in this subdivision. 18. Citation: Minnesota Statutes, section 245D.09, subdivision 4a, paragraph (d). Violation: For one staff person whose record was reviewed (SP11), the license holder did not provide medication administration training as required. The license holder did not ensure SP11 reviewed and received instruction on medication administration procedures established for the person, prior to administering an injectable medication. Correction Action: On an ongoing basis, you must maintain compliance as required in this subdivision. 19. Citation: Minnesota Statutes, section 245D.09, subdivision 5. Violation: For six staff persons whose records were reviewed (SP5, SP7-SP8, SP10, and SP12-SP13), the license holder did not provide annual 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 SP5 with annual training in 2025 on 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. The license holder most recently provided this training to SP5 in February 2024. b. The license holder did not provide SP7 with annual training in 2024 on the following topics: · 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. The license holder provided this training in June 2023 and June 2025; · strategies to minimize the risk of sexual violence including concepts of healthy relationships, consent, and bodily autonomy of people with disabilities. The license holder provided this training in August 2023 and November 2024; and · basic first aid. The license holder provided this training in June 2023 and November 2024. c. The license holder did not provide SP8 with annual training in 2024 or 2025 on 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. This license holder most recently provided this training to SP8 in November 2023. d. The license holder did not provide SP10 with annual training on data privacy requirements according to 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 license holder provided SP10 with this training in July 2024 and October 2025. e. The license holder did not provide SP12 and SP13 with annual training in 2024 on the principles of person-centered planning and delivery as identified in Minnesota Statutes, section 245D.07, subdivision 1a, and how they applied to direct support service provided by SP12 and SP13. The license holder provided SP12 with this training in December 2023 and January 2025. The license holder provided SP13 with this training in January 2023 and June 2024. Correction Action: Within 30 days of receiving this order, you must: · provide SP5 and SP8 with training on the principles of person-centered service planning and delivery; and · maintain documentation according to Minnesota Statutes 245D.095. On an ongoing basis, you must maintain compliance as required in this subdivision. 20. Citation: Minnesota Rule 9544.0030, subpart 1. Violation: For two persons whose records were reviewed (P7 and P8), the license holder did not evaluate positive support strategies as required. The license holder did not evaluate with P7 and P8, the identified positive support strategies at least every 6 months. The license holder most recently reviewed P7’s positive support strategies in December 2024. The license holder most recently reviewed P8’s positive support strategies in April 2025. Corrective Action Ordered: Within 30 days of receiving this order, you must: · evaluate the positive support strategies documented in P7’s and P8’s support plan addendum with P7 and P8; · evaluate with whether changes to the identified positive port strategies are needed, and, if so, make appropriate changes; and · provide training to staff on P7’s and P8’s positive support strategies. On an ongoing basis, you must maintain compliance as required in this subdivision. 21. Citation: Minnesota Rules, part 9544.0100, subpart 1. Violation: For one person whose record was reviewed (P3), the license holder did not meet documentation and record keeping requirements. The license holder initiated P3’s services on December 28, 2022. The license holder did not maintain appropriate data in P3’s record that: · revealed the progress or lack of progress towards each outcome or goal for P3; · ensured that staff were accountable for the services provided to P3; and · ensured that services could be evaluated and monitored by the license holder and the commissioner. DHS licensors were unable to determine P3’s progress towards each outcome or goal documented by the license holder for P3. Corrective Action Ordered: On an ongoing basis, you must maintain compliance as required in this subdivision. 22. Citation: Minnesota Rules, part 9544.0110. Violation: For one person whose record was reviewed (P3), the license holder did not use the behavior intervention report form (BIRF) required by the commissioner to report behavioral incidents. The license holder did not use the BIRF required by the commissioner to report behavioral incidents for P3 that resulted in calls to 911. The license holder documented in daily progress or log notes for that 911 calls occurred on or around: · May 2, 2024; · July 1, 2024; and · July 14, 2024. Corrective Action Ordered: On an ongoing basis, you must maintain compliance as required in this subpart. 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 64953 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. Jenna Johnson, HCBS Licensor Licensing Division Office of Inspector General 651-431-2804
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