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March 10, 2026 Abedulmajeed Saleh Smile Health Care, LLC 1955 University Avenue West Saint Paul, Minnesota 55104 License Number: 1112891 (245D – Home and Community-Based Services) CORRECTION ORDER Dear Abedulmajeed Saleh: On February 5, 2026, a licensing review of Smile Health Care, LLC, located at 1955 University Avenue West, Saint Paul, 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 Rule 9544.0030. Violation: For one of three persons whose records were reviewed (P2), the license holder did not provide positive support strategies as required. The license holder did not evaluate with P2 whether the identified positive support strategies currently met the standards in subpart 2 at least every six months. The license holder completed the evaluation in January 2025 and August 2025. Corrective Action Ordered: On an ongoing basis, you must maintain compliance as required in this subdivision. 2. Citation: Minnesota Rules, part 9544.0080, subpart 1. Violation: For one person whose record was reviewed (P1), the license holder did not provide notice of the license holder’s policy on the emergency use of manual restraint as required. The license holder did not provide notice of the license holder’s policy on the emergency use of manual restraint at the time they initiated night supervision services to P1. Corrective Action Ordered: Within 30 days of receiving this order, you must: · provide P1 notice of your policy on the emergency use of manual restraint; · obtain a written acknowledgement from P1 that they have been notified of your policy; and · maintain this written acknowledgement in P1’s service recipient record according to the requirements of Minnesota Statutes 245D.095. On an ongoing basis, you must maintain compliance as required in this subdivision. 3. Citation: Minnesota Statutes, section 245A.65, subdivision 2. Violation: For two persons whose records were reviewed (P1 and P2), the license holder did not develop an individual abuse prevention plan (IAPP) as required. a. The license holder did not develop an IAPP for P1 as part of the initial individual program plan or service plan for night supervision services. The license holder initiated night supervision services with P1 on October 6, 2025, and at the time of the licensing review the license holder had not developed P1’s IAPP which included night supervision. b. The license holder did not develop an IAPP for P2 as part of the initial individual program plan or service plan for night supervision services. The license holder initiated night supervision services with P2 on February 2, 2025, and developed P2’s IAPP on August 7, 2025. Additionally, the license holder did not establish an individual abuse prevention plan (IAPP) for P2 that contained an individualized assessment consistent with information found elsewhere in P2’s support plan addendum of P2’s susceptibility to abuse. The license holder maintained documentation elsewhere in P2’s county support plan and support plan addendum of P2’s risks of abuse related to health needs and physical mobility limitations. Corrective Action Ordered: Within 30 days of receiving this order, you must: · develop an IAPP for P1 and P2 within the scope of night supervision services and in accordance with the requirements of this section; · use P1’s and P2’s individual assessment and any reports of abuse related to P1 and P2 and review and revise P1’s and P2’s IAPP; including the specific actions the program will take to minimize the risk of abuse within the scope of the license services, identify referrals made when P1 and P2 are susceptible to abuse outside the scope or control of the licensed services, and when the assessment does not indicate a need for specific risk reduction measures document this determination in P1’s and P2’s IAPP; · review P1’s and P2’s IAPP with P1’s and P2’s interdisciplinary team and revise the plan to reflect the results of this review; · provide P1’s and P2’s staff with training on P1’s and P2’s updated support plan addendum; and · maintain documentation of staff training according to Minnesota Statutes 245D.095. On an ongoing basis, you must maintain compliance as required in this subdivision. 4. Citation: Minnesota Statutes, section 245D.04, subdivision 1. Violation: For one person whose record was reviewed (P1), the license holder did not provide the service recipient rights as required. The license holder did not inform and provide P1 and P2 with a written notice that identified the service recipient’s rights in subdivisions 2 and 3 and an explanation of those rights within five working days of initiating night supervision services for P1 and P2. Corrective Action Ordered: Within 30 days of receiving this order, you must: · inform and provide P1 and P2 with a written notice that identifies the service recipient’s rights in subdivisions 2 and 3 and an explanation of those rights; and · maintain documentation of P1’s and P2’s receipt of a copy and explanation of these rights in P1’s and P2’s service recipient record. On an ongoing basis, you must maintain compliance as required in this subdivision. 5. Citation: Minnesota Statutes, section 245D.05, subdivision 1, paragraph (b). Violation: For two persons whose records were reviewed (P1 and P2), the license holder did not maintain documentation on how the person’s health needs would be met as required. a. The license holder was assigned responsibility for P1’s health needs in P1’s support plan addendum. The license holder did not maintain documentation on how P1’s health needs would be met that included a description of the procedures the license holder would follow in order to provide medication assistance to P1. b. The license holder was assigned responsibility for P2’s health needs in P2’s support plan addendum. The license holder did not maintain documentation on how P2’s health needs would be met that included a description of the procedures the license holder would follow in order to provide P2 with medication assistance and procedures on P2’s medical equipment according to this chapter. Corrective Action Ordered: Within 30 days of receiving this order, you must: · develop a procedure you will follow in order to provide P1 and P2 with medication assistance according to this chapter; · develop a procedure according to the written instructions from a licensed health professional that you will follow in order to safely and correctly use P2’s medical equipment; · provide staff with training on P1 and P2’s updated support plan addendum; · maintain documentation in staff’s personnel records according to Minnesota Statutes 245D.095. On an ongoing basis, you must maintain compliance as required in this subdivision. 6. Citation: Minnesota Statutes, section 245D.07, subdivision 2. Violation: For one person whose record was reviewed (P2), the license holder did not provide service planning requirements for basic support services as required. The license holder initiated P2’s night supervision services on February 2, 2025. Within 60 days of services initiation, the license holder did not review and revise the preliminary support plan addendum to document the services that will be provided including how, when, and by whom services will be provided, and the person responsible for overseeing the delivery and coordination of services. The license holder reviewed and revised the support plan addendum in August 2025. Corrective Action Ordered: On an ongoing basis, you must maintain compliance as required in this subdivision. 7. Citation: Minnesota Statutes, section 245D.095, subdivision 3. Violation: For two persons whose records were reviewed (P1 and P2), the license holder did not maintain a record of current service provided. The license holder did not maintain progress or daily log notes recorded by the program for P1 and P2. Corrective Action Ordered: On an ongoing basis, you must maintain compliance as required in this subdivision. 8. Citation: Minnesota Statutes, section 245D.095, subdivision 4. Violation: For two persons whose records were reviewed (P1 and P2), the license holder did not ensure that staff providing services to the person had access to the information relevant to carrying out the support plan or support plan addendum as required. The license holder did not ensure that staff providing services to P1 and P2 had access to the information relevant to carrying out the support plan or support plan addendum. At the time of the licensing review, the license holder reported that staff did not have access to the person’s information while providing direct support services. The license holder corrected this violation onsite during the licensing review. Corrective Action Ordered: On an ongoing basis, you must maintain compliance as required in this subdivision. 9. Citation: Minnesota Statutes, section 245D.10, subdivision 4, paragraph (b). Violation: For two person whose records were reviewed (P1 – P2), the license holder did not inform and provide copies of policies and procedures as required. The license holder did not inform and provide copies of the following policies and procedures affecting a person’s rights within five working days of initiating night supervision services to P1 and P2: · grievance policy and procedure; and · service suspension and termination policy and procedure. Corrective Action Ordered: Within 30 days of receiving this order, you must provide P1, P1’s case manager, P2, and P2’s case manager with copies of the policies and procedures identified above. On an ongoing basis, you must maintain compliance as required in this subdivision. 10. Citation: Minnesota Statutes, section 245D.09, subdivision 4. Violation: For two of two staff persons whose records were reviewed (SP1 – SP2), the license holder did not provide orientation to the program as required. The license holder did not provide and ensure SP1 and SP2 completed orientation sufficient to create staff competency that included review and instruction on the license holders current policies and procedures on safe medication assistance and administration policy. Corrective Action Ordered: Within 30 days of receiving this order you must provide SP1 and SP2 with review and instruction on the training identified above and maintain documentation of staff training according to Minnesota Statutes 245D.095. On an ongoing basis, you must maintain compliance as required in this subdivision. 11. Citation: Minnesota Statutes, section 245D.095, subdivision 5. Violation: For two staff persons whose records were reviewed (SP1-SP2), the license holder did not maintain personnel records as required. The license holder did not maintain documentation in SP1’s and SP2’s personnel record which included an accurate number of hours per subject area of each training. 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: Coty Aust, 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. Coty Aust, HCBS Licensor Licensing Division Office of Inspector General 651-431-4605
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