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October 30, 2024
Eleanor Skelton, Authorized Agent Touchstone Mental Health Portland Place 2312 Snelling Ave Minneapolis, MN 55404
License Number: 1078462 (IRTS/RCS) Program Location: 8491 Portland Avenue South, Bloomington, MN 55420-2918 Report Number: 202405423 Dear Eleanor Skelton:
On October 1, 2024, the Minnesota Department of Human Services (DHS), Division of Licensing, received your request for reconsideration of a citation in the Correction Order (Attachment A) issued to you by the Department of Human Services on September 18, 2024. You requested reconsideration of citation 2. You did not request reconsideration of the remaining citation, and, as a result, that citation is final and not subject to review. Citation 2: Violation: The license holder did not report the death of an individual to the Commissioner within 24 hours of receiving knowledge of the death. On June 23, 2024, at approximately 10:51 a.m., the facility became aware of a client’s (C1’s) death and by June 25, 2024, at approximately 11 a.m., the facility had yet to notify the commissioner of C1’s death.
Request for Reconsideration. You indicate in your reconsideration request that the client passed away on June 23, 2024, at 10:51 a.m. and that a critical incident report was faxed to the DHS Licensing Division on June 24, 2024. You indicate you believe the citation was incorrect because the notification was initiated within the required 24-hour window, and you provided documentation. Reconsideration Determination. Pursuant to Minnesota Statutes, section 245A.04, subdivision 16, within 24 hours of receiving knowledge of the death of an individual served by the program, the license holder shall notify the commissioner of the death.
Although you submitted a critical incident report form directed to the Department of Human Services showing a report date of June 24, 2024, it is unclear what time the form was submitted, and DHS does not have a record of receiving the form within 24 hours of June 23, 2024, at 10:51 a.m. You indicate you faxed the form to the Licensing Division, but you did not provide a fax confirmation form or other documentation of when the form was submitted. Because there is no documentation that you notified the commissioner of the death within the required 24-hour period, there is sufficient evidence to support the citation, and it is affirmed.
Disposition: The Commissioner has reviewed the request for reconsideration and all the information submitted in response to the correction order. The Commissioner finds there is sufficient evidence to support citation 2. This is a final agency decision.
Sincerely, 
Frances Simon Standing, Attorney Legal Counsel’s Office Office of Inspector General
PO Box 64242 • Saint Paul, Minnesota • 55164-0242 • An Equal Opportunity and Veteran Friendly Employer https://mn.gov/dhs/general-public/licensing/
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