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March 13, 2026 Nathan Xiong, Authorized Agent SmartChoice Home HealthCare LLC 11085 James Curv Woodbury, Minnesota 55129 License Number: 1111380 (245D – HCBS) CORRECTION ORDER AND NOTICE OF NONCOMPLIANCE WITH TERMS OF A CONDITIONAL LICENSE Dear Nathan Xiong: On September 18, 2025, the Commissioner of the Department of Human Services (DHS) issued an Order of Conditional License to SmartChoice Home HealthCare LLC, located at 2353 Rice Street, Suite 139, Roseville, Minnesota. On February 26, 2026, a licensing review of SmartChoice Home HealthCare LLC, located at 2353 Rice Street, Suite 139, Roseville, 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. Notice of Noncompliance with the terms of Conditional Order On February 26, 2026, DHS determined that you did not follow two of five terms of the Order of Conditional License that is in place from September 18, 2025, to September 18, 2027. Term #4: You were ordered to complete an audit of all participant and personnel records according to your written plan. You submitted results to your DHS licensor on December 18, 2025, stating you are in compliance for all participant and personnel records. At the time of the review, DHS licensors determined there were many areas of non-compliance in participant and personnel records, with both previous records and new records reviewed. Term #5: You were ordered to not admit new participants to your program from September 18, 2025, until you have successfully demonstrated compliance with the terms of the conditional license to DHS and have maintained substantial compliance with all licensing standards. At a minimum, you were ordered to not admit new participants to your program for a period of three months from the date of the conditional license. Prior to admitting any new participant during the duration of the conditional license, you must notify your licensor and receive prior approval. You admitted one new participant within the first three months on November 11, 2025. Additionally, you admitted two new participants without prior approval from you licensor on December 19, 2025, and one new participant without prior approval prom your licensor on February 3, 2026. A. 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 five persons whose records were reviewed (P5), the license holder did not develop an individual abuse prevention plan (IAPP) as required. The license holder did not develop an IAPP for P5 as part of the initial individual program or service plan. P5’s services were initiated on September 4, 2025. The license holder maintained an IAPP that was developed on October 1, 2025. Corrective Action Ordered: On an ongoing basis, you must maintain compliance as required in this subdivision. Repeat Violation: In a Conditional Order that DHS issued on September 18, 2025, you were previously found in violation of this same statute. 2. Citation: Minnesota Statutes, section 245D.10, subdivision 4. Violation: For one person whose record was reviewed (P2), the license holder did not inform and provide copies of the policies and procedures affecting their rights after a procedural revision as required. The license holder did not inform and provide copies of the policies and procedures affecting a person’s rights to P2’s case manager at least 30 days before implementing any procedural revisions to policies affecting a person's service-related or protection-related rights under section 245D.04 and maltreatment reporting policies and procedures. Corrective Action Ordered: Within 30 days of receiving this order, you must provide the policies and procedures to P2’s case manager. On an ongoing basis, you must maintain compliance as required in this subdivision. 3. Citation: Minnesota Rules, part 9544.0030, subpart 1. Violation: For one person whose record was reviewed (P2), the license holder did not evaluate positive support strategies as required. The license holder did not review and evaluate the identified positive support strategies with P2 at a minimum of every six months. Corrective Action Ordered: On an ongoing basis, you must maintain compliance as required in this subpart. 4. Citation: Minnesota Statutes, section 245D.09, subdivision 4. Violation: For one of four staff persons whose record was reviewed (SP1), the license holder did not provide orientation training as required. The license holder did not provide SP1 with an orientation to the following within 60 calendar days of hire on June 2, 2025: · data privacy requirements according to sections 13.01 to 13.10 and 13.46, the federal Health Insurance Portability and Accountability Act of 1996 (HIPPA), and staff responsibilities related to complying with data privacy practices; · the service recipient rights and staff responsibilities related to ensuring the exercise and protection of those rights according to the requirements in section 245D.04. This was completed January 2026; · the principles of person-centered service planning and delivery as identified in section 245D.07, subdivision 1a, and how they apply to direct support services provided by the staff person. This was completed January 2026; · the safe and correct use of manual restraint on an emergency basis according to the requirements in section 245D.061 or successor provisions, and what constitutes the use of restraints, time out, and seclusion, including chemical restraint This was completed January 2026; · staff responsibilities related to prohibited procedures under section 245D.06, subdivision 5, or successor provisions, why such procedures are not effective for reducing or eliminating symptoms or undesired behavior, and why such procedures are not safe. This was completed January 2026; · basic first aid; and · the license holder's current policies and procedures required under this chapter, including their location and access, and staff responsibilities related to implementation of those policies. Repeat Violation: In a Conditional Order that DHS issued on September 18, 2025, you were previously found in violation of this same statute. Corrective Action Ordered: Within 30 days of receiving this order, you must provide the training identified above to SP1. On an ongoing basis, you must maintain compliance as required in this subdivision. 5. Citation: Minnesota Statutes, section 245D.081, subdivisions 2 and 3.
Violation: The license holder did not fulfill the responsibility for program management and oversight as required. a. The license holder did not ensure that the designated coordinator (SP1), provided coordination of service delivery and evaluation for each person served by the program. See citations 1 through 5 for the designation coordinators failure to provide supervision, support, and evaluation of activities including: · oversight of the license holder's responsibilities assigned in the person's coordinated service and support plan and the coordinated service and support plan addendum; · taking the action necessary to facilitate the accomplishment of the outcomes according to the requirements in section 245D.07; · instruction and assistance to direct support staff implementing the coordinated service and support plan and the service outcomes, including direct observation of service delivery sufficient to assess staff competency. b. The license holder did not ensure that the designated manager (SP1) provided program management and oversight of the services provided by the license holder. See citations 1 through 5 and the noncompliance with the conditional terms for the designated manager’s failure to: · maintain a current understanding of the licensing requirements sufficient to ensure compliance throughout the program as identified in section 245A.04, subdivision 1, paragraph (e), and when applicable, as identified in section 256B.04, subdivision 21, paragraph (b); · ensure the duties of the designated coordinator are fulfilled according to the requirements in subdivision 2; · ensuring staff competency requirements are met according to the requirements in section 245D.09, subdivision 3, and ensuring staff orientation and training is provided according to the requirements in section 245D.09, subdivisions 4, 4a, and 5; · ensuring corrective action is taken when ordered by the commissioner and that the terms and conditions of the license and any variances are met; and · evaluating the information identified in clauses (1) to (6) to develop, document, and implement ongoing program improvements.
Corrective Action Ordered: On an ongoing basis, you must maintain compliance as required in this subdivision.
Repeat Violation: In an Order of Conditional License that DHS issued on September 18, 2025, you were previously found in violation of this same statute. 6. Citation: Minnesota Statutes, section 245D.095, subdivision 5. Violation: For two staff persons whose records were reviewed (SP1 and SP4), the license holder did not maintain personnel records as required. a. The license holder did not maintain documentation of staff training in SP1’s personnel records that included the date the training was completed, the number of hours per subject area and the name of the trainer or instructor. b. The license holder did not maintain documentation of staff training in SP4’s personnel records that included the number of hours per subject area. 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 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. Kelly Bosch, HCBS Licensor Licensing Division Office of Inspector General 651-431-6621
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