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March 20, 2026 Mustafa Ali, Authorized Agent Open Arms Care LLC 410 Sibley Parkway Apartment 101 Mankato, Minnesota 57501 License Number: 1107587 (245D – HCBS) CORRECTION ORDER Dear Mustafa Ali: On September 30, 2025, a licensing review of Open Arms Care LLC located at 931 Madison Avenue Suite 305 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, subdivisions 1 and 2. Violation: For one of four persons whose record was reviewed (P3), the license holder did not provide an orientation to the internal and external reporting procedures related to suspected or alleged maltreatment, and program abuse prevention plans as required. The license holder did not provide an orientation to the internal and external reporting procedures related to suspected or alleged maltreatment, and an orientation to the program abuse prevention plan (PAPP) within 24 hours of admission. The license holder initiated services for P3 on January 21, 2025, and provided an orientation to P3 to the internal and external reporting procedures related to suspected or alleged maltreatment and the program abuse prevention plan on September 11, 2025. Corrective Action Ordered: On an ongoing basis, you must maintain compliance as required in these subdivisions. 2. Citation: Minnesota Statutes, section 245D.04, subdivision 1. Violation: For one person whose record was reviewed (P3), the license holder did not provide service recipient rights as required. The license holder did not provide a written notice that identified the service recipient rights and an explanation of those rights to P3 within five working days of service initiation. The license holder initiated services for P3 on January 21, 2025, and provided a written notice on September 11, 2025. Corrective Action Ordered: On an ongoing basis, you must maintain compliance as required in this subdivision. 3. Citation: Minnesota Statutes, section 245D.05, subdivision 1. Violation: For one person whose record was reviewed (P3), the license holder did not maintain documentation of health needs as required. The license holder was assigned the responsibility of medication setup to P3. 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 will follow in order to provide P3 with medication setup. Corrective Action Ordered: Within 30 days, you must maintain documentation on how P3’s health needs will be met that includes a description of the procedures you will follow in order to provide P3 with medication setup. On an ongoing basis, you must maintain compliance as required in this subdivision. 4. Citation: Minnesota Statutes, section 245D.071, subdivision 4. Violation: For one person whose record was reviewed (P3), the license holder did not implement service outcomes and supports as required. The license holder did not implement P3’s supports and methods to accomplish outcomes when the license holder did not collect data on P3’s outcomes from March 2025 through September 2025. Corrective Action Ordered: Within 30 days of receiving this order, you must begin implementing P3’s supports and methods, including collecting data. On an ongoing basis, you must maintain compliance as required with this subdivision. 5. Citation: Minnesota Statutes, section 245D.10, subdivision 4. Violation: For two persons whose record was reviewed (P1 and P3), the license holder did not provide written or electronic copies of policies and procedures as required. The license holder did not inform P1’s case manager of the policies and procedures that affect a person’s rights within five working days of service initiation. The license holder initiated P1’s services on November 27, 2024, and provided the policies to P1’s case manager on March 7, 2025. b. The license holder did not inform P3 and P3’s case manager of the policies and procedures that affect a person’s rights within five working days of service initiation. The license holder initiated services for P3 on January 21, 2025, and provided the policies to P3 and P3’s case manager on September 11, 2025. Corrective Action Ordered: On an ongoing basis, you must maintain compliance as required in this subdivision. 6. Citation: Minnesota Rule 9544.0030, subpart 1. Violation: For one person whose record was reviewed (P3), the license holder did not evaluate positive support strategies as required. The license holder did not evaluate the identified positive support strategies with P3 every six months. The license holder evaluated positive support strategies with P3 on January 21, 2025, and September 11, 2025. Corrective Action Ordered: On an ongoing basis, you must maintain compliance as required in this subdivision. 7. Citation: Minnesota Rules, 9544.0080, subpart 1. Violation: For one person whose record was reviewed (P3), the license holder did not provide notice of the license holder’s policy on the use of manual restraints as required. The license holder did not obtain a written acknowledgement from P3 indicating that they had been notified of the license holder’s emergency use of manual restraints policy and their rights under this chapter and Minnesota Statutes, sect 245D.04 at the time of service initiation for P3’s integrated community support services. Corrective Action Ordered: Within 30 days of receiving this order, you must: · obtain written acknowledgement from P3 that they were notified of your policy on emergency use of manual restraints; and · maintain the written acknowledgement from P3 in P3’s service recipient record. On an ongoing basis, you must maintain compliance as required in this subpart. 8. Citation: Minnesota Statutes, section 245D.09, subdivision 4. Violation: For two of four staff persons whose records were reviewed (SP3 and SP4), the license holder did not provide orientation training as required. The license holder did not provide SP3 and SP4 orientation training to the following topics within 60 days of hire: · the job description to provide SP3 and SP4 orientation training to the following topics: o responding to and reporting incidents as required under Minnesota Statutes, section 245D.06, subdivision 1; and o following safety practices established by the license holder and as required in section 245D.06, subdivision 2; · 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 and procedures; · 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 service recipient rights and staff responsibilities related to ensuring the exercise and protection of those rights according to the requirements in 245D.04; · 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 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; · 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; · basic first aid; and · strategies to minimize the risk of sexual violence, including concepts of healthy relationships, consent, and bodily autonomy of people with disabilities. Corrective Action Ordered: Within 30 days of receiving this order, you must provide SP3 and SP4 the training detailed above. Additionally, you must document this training in SP3’s and SP4’s personnel record according to Minnesota Statutes, section 245D.095, subdivision 5. On an ongoing basis, you must maintain compliance as required in this subdivision. 9. Citation: Minnesota Statutes, section 245D.09, subdivision 4a. Violation: For one staff person whose record was reviewed (SP3), the license holder did not provide orientation to individual service recipient needs as required. The license holder did not provide the following orientation to SP3 before having unsupervised direct contact with a person served by the program: · the person’s support plan or support plan addendum as it relates to the responsibilities assigned to the license holder; and · the person’s individual abuse prevention plan, to achieve and demonstrate an understanding of the person as a unique individual, and how to implement those plans. Corrective Action Ordered: Within 30 days of receiving of this order, you must provide the orientation listed above to SP3 for each service recipient that the staff person provides direct support services to. On an ongoing basis, you must maintain compliance as required in this subdivision. 10. Citation: Minnesota Statutes, section 245D.65, subdivision 3. Violation: For one staff person whose record was reviewed (SP3), the license holder did not provide orientation to a mandated reporter as required. The license holder failed to provide orientation to vulnerable adult maltreatment reporting within 72 hours of first providing direct contact. SP3’s hire date was January 13, 2025, and the license holder provided the required orientation on February 21, 2025. 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: 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. Rebecca DeYonge, Human Services Licensor Licensing Division Office of Inspector General 651-431-6351
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