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April 2, 2026
Ted Xiong, Authorized Agent Asian Adult Day Care 1410 Energy Park Drive Suite 1 Saint Paul, Minnesota 55108 License Number: 1055524 (Rule 223) CORRECTION ORDER Dear Ted Xiong: On March 11, 2026, a licensing review of Asian Adult Day Care, located at 1410 Energy Park Drive, Saint Paul, Minnesota, was conducted to determine compliance with Minnesota Statutes and Rules governing adult day care services under Minnesota Rules, parts 9555.9600 through 9555.9730 (Rule 223). 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, paragraph (b) and Minnesota Rules, part 9555.9700, subpart 3. Violation: For four of five participants whose records were reviewed (P1, P3, P4, and P5), the license holder did not meet the requirements for an individual abuse prevention plan (IAPP). a. The license holder did not review P1’s IAPP quarterly as part of the review of the program plan or service plan. b. The license holder did not develop an IAPP for P3 that included a statement of measures that would be taken to minimize the risk of abuse to the person and other vulnerable adults when the IAPP indicated susceptibility to abuse. c. The license holder did not review P4, and P5’s IAPP with their interdisciplinary team, at least annually, using the individual assessment and any reports of abuse relating to the person. Repeat Violation: In a Correction Order that DHS issued on March 11, 2024, you previously found in violation of this same statute and rule. Corrective Action Ordered: Within 30 days of receiving this order, you must: · develop an IAPP for P3 that includes a statement of measures that will be taken to minimize the risk of abuse to the person and other vulnerable adults when the individual assessment indicates the need for measures; · review P1, P3, P4, and P5’s IAPPs with the person’s interdisciplinary team and document the review; · complete an audit of all participants’ IAPPs to ensure the requirements in Minnesota Statutes, section 245A.65, subdivision 2, paragraph (b) are maintained; and · for participants whose IAPPs are not developed and reviewed as required, you must develop a plan detailing how your program will maintain IAPPs as required within 60 calendar days of receiving this order. On an ongoing basis, you must maintain compliance as required in this subdivision and subpart. 2. Citation: Minnesota Rules, part 9555.9640. Violation: For one participant whose record was reviewed (P3), the license holder did not distribute policies and procedures to participants and their caregivers upon admission as required. P3’s was admitted to the center on November 1, 2024. The license holder did not distribute the following policies and procedures to P3 and P3’s caregivers: · the scope of the programs, services, and care offered by the center; · a description of the population to be served by the center; · a description of individual conditions which the center is not prepared to accept, such as a communicable disease requiring isolation, a history of violence to self or others, unmanageable incontinence or uncontrollable wandering; · the center's policy on and arrangements for providing transportation; · the center's policy on providing meals and snacks; · the center's fees, billing arrangements, and plans for payment; · the center's policy governing the presence of pets in the center; · the center's policy on smoking in the center; · types of insurance coverage carried by the center; · a statement of the center's compliance with Minnesota Statutes, section 626.557, and rules adopted under that section; · a statement that center admission and employment practices and policies comply with Minnesota Statutes, chapter 363, the Minnesota Human Rights Act; · the terms and conditions of the center's licensure by the department, including a description of the population the center is licensed to serve under part 9555.9730; and · the telephone number of the department's licensing division. Corrective Action Ordered: Within 15 days of receiving this order, you must: · distribute the policies and procedures and participants’ rights listed above to P3 and P3’s caregivers; and · document the distribution of the policies and procedures in P3’s record. On an ongoing basis, you must maintain compliance as required in this part. 3. Citation: Minnesota Rules, part 9555.9660, subpart 1. Violation: For two participants whose records were reviewed (P2 and P3), the license holder did not include information in the participant’s written record as required. a. The license holder did not include a medical report in P2’s record, dated within three months prior to or 30 days after P2’s admission to the center. P2 was admitted to the center on June 9, 2025, and the license holder maintained a medical report for P2 dated January 30, 2025. b. The license holder did not include the following information in P3’s record: · a medical report, dated within the three months prior to or 30 calendar days after P3’s admission to the center signed by a physician or signed by a physician assistant or registered nurse and cosigned by a physician, that included: o a report on a physical examination; o a medical history of P3; o indication of dietary restrictions and medication regimen, including the need for medication assistance, that apply to P3; o a release signed by the physician indicating whether P3 may engage in a structured exercise program; and o documentation that P3 was free of communicable disease or infestations, as specified in parts 4605.7000 to 4605.7090, that would endanger the health of other participants; · notes on special problems, medication changes, and need for medication assistance. Repeat Violation: In a Correction Order that DHS issued on March 11, 2024, you previously found in violation of this same rule. Corrective Action Ordered: Within 30 days of receiving this order, you must maintain the information detailed above in P2 and P3’s participant records. On an ongoing basis, you must maintain compliance as required in this subpart. 4. Citation: Minnesota Rules, part 9555.9700, subpart 2. Violation: For one participant whose record was reviewed (P3), the license holder did not complete initial service planning as required. The license holder did not complete initial service planning for P3 that included: · a needs assessment that addressed P3’s physical status using information from the medical report received from P3’s physician; and · a preliminary service plan that included P3’s nutritional needs and, where applicable, dietary restrictions. Corrective Action Ordered: Within 30 days of receiving this order, you must: · update P3’s needs assessments to include P3’s physical status based on information received from P3’s medical report; and · update P3’s preliminary service plan to include P3’s nutritional needs and, where applicable, dietary restrictions. On an ongoing basis, you must maintain compliance as required in this subpart. 5. Citation: Minnesota Rules, part 9555.9650, item A. Violation: For one of two staff persons whose record was reviewed (SP2), the license holder did not maintain a personnel file as required.
Corrective Action Ordered: Within 30 days of receiving this order, you must maintain an application or resume in SP2’s personnel record. On an ongoing basis, you must maintain compliance as required in this item. 6. Citation: Minnesota Rules, part 9555.9720, subpart 9. Violation: The license holder did not ensure safety as required. a. The license holder did not have written plans for emergencies caused by fire, blizzards, and tornadoes that included: · procedures for the quarterly fire drill; · instructions on use of fire extinguishers; and · instructions on closing off the fire area. b. The license holder did not ensure plans for emergencies caused by fire, blizzards, and tornadoes were posted in a visible place in the center. Corrective Action Ordered: Within 30 days of receiving this order, you must: · develop written plans for emergencies caused by fire, blizzards, and tornadoes that includes the information detailed above; and · ensure plans for emergencies caused by fire, blizzards, and tornadoes are posted in a visible place in the center. On an ongoing basis, you must maintain compliance as required in this subpart. 7. Citation: Minnesota Rules, part 9555.9730, subpart 3. Violation: The license holder did not ensure physical plant and space requirements. The license holder did not ensure the center provided one cot, couch or recliner per eight participants. During the licensing review on March 11, 2026, the center had sixty-six participants in attendance and only two recliners and six couches.
Corrective Action Ordered: Within 30 days of receiving this order, you must ensure the center has one cot, couch, or recliner per eight persons in the center. On an ongoing basis, you must maintain compliance as required in this subpart. 8. Citation: Minnesota Statutes, section 245A.04, subdivision 7a. Violation: The license holder did not notify the commissioner and obtain the commissioner’s approval before making any changes that would alter the license information, including the hours of operation, as required.
Repeat Violation: In a Correction Order that DHS issued on March 11, 2024, you previously found in violation of this same statute. Corrective Action Ordered: Immediately, you must comply with the special conditions stated on your license, including the hours of operation. On an ongoing basis, you must maintain compliance as required in this subdivision. 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. Katie Johnson, HCBS Human Services Licensor Licensing Division Office of Inspector General 651-431-4113
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