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June 22, 2026 CERTIFIED MAIL Bee Her, Authorized Agent Hmong Elders Center, Inc 2956 Frank Street Saint Paul, Minnesota 55109 License Number: 1042535 (Rule 223) ORDER OF CONDITIONAL LICENSE Dear Bee Her: The Department of Human Services (DHS) is placing your license to provide adult day care at Hmong Elders Center, Inc, located at 1337 Rice Steet, Saint Paul, Minnesota, on conditional status for two years, beginning June 22, 2026. This means you must meet certain conditions to maintain your license, detailed below. This order is based on your noncompliance with adult day care licensing requirements. Details of our findings are also provided below. Our next steps and your options are also detailed. REASON FOR THE CONDITIONAL LICENSE On March 18, 2026, a licensing review was completed at your facility located at 1337 Rice Street, St. Paul, Minnesota. DHS determined that you had not complied with the corrective action ordered in the correction order dated November 4, 2025. DHS has considered the nature, chronicity, and severity of these violations, as well as the health, safety, and rights of persons served by the program. Licensing Violations Determined on March 18, 2026 DHS determined that your program did not follow licensing rules and statutes, as described below. PARTICIPANT RECORD VIOLATIONS 1. Violation: The license holder did not meet the requirements for attendance record documentation. The license holder did not maintain documentation of actual attendance for each adult day service recipient for which the license holder was reimbursed by a governmental program that included: · the time of day that the recipient was dropped off; and · the time of day that the recipient was picked up. Statute Violated: Minnesota Statutes, section 245A.14, subdivision 14, paragraph (c). Corrective Action Required: Concerns regarding attendance documentation and billing for adult day care services were referred to the Department of Human Services, Office of Inspector General, Program Integrity and Oversight Division. Compliance will be reviewed on site. On an ongoing basis, you must maintain compliance as required in this subdivision. 2. Violation: For two of three participants whose records were reviewed (P2 and P3), the license holder did not meet the requirements for an individual abuse prevention plan (IAPP). The license holder did not review P2 and P3’s IAPPs with their interdisciplinary team, at least annually, using the individual assessment and any reports of abuse relating to the participant. Statute Violated: Minnesota Statutes, section 245A.65, subdivision 2. Repeat Violation: In a Correction Order that DHS issued on November 4, 2025, you were previously found in violation of this same statute. Corrective Action Required: Within 30 days of receiving this order, you must review P2 and P3’s IAPPs with the person’s interdisciplinary team and document the review. Compliance will be reviewed on site. On an ongoing basis, you must maintain compliance as required in this subdivision. 3. Violation: For three participants whose records were reviewed (P1, P2, and P3), the license holder did not include information in the participant’s written record as required. a. The license holder did not maintain participation reports and progress notes that are recorded at least monthly in P1’s participant record. b. The license holder did not include the following information in P2’s participant record: · an application form that included the name and telephone number of a second person to call in case of emergency involving P2 if the first person cannot be reached; · a report on a physical examination, updated annually; and · participation reports and progress notes that are recorded at least monthly. c. The license holder did not include the following information in P3’s participant record: · a report on P3’s physical examination, updated annually in 2025. The license holder maintained a report on P3’s physical examination that was most recently from July 2024; and · participation reports and progress notes that are recorded at least monthly. Rule Violated: Minnesota Rules, part 9555.9660, subpart 1. Repeat Violation: In a Correction Order that DHS issued on November 4, 2025, you were previously found in violation of this same rule. Corrective Action Required: Within 30 days of receiving this order, you must maintain all information detailed above in P1’s, P2’s, and P3’s participant record. Compliance will be reviewed on site. On an ongoing basis, you must maintain compliance as required in this subpart. 4. Violation: For three participants whose records were reviewed (P1, P2, and P3), the license holder did not develop a written plan of care as required. a. The license holder did not develop a written plan of care for P1 that included: · an update to the preliminary service plan and additional services required by the participant; and · short and long-term objectives for the participant stated in concrete, measurable, and time specific outcomes. b. The license holder did not develop a written plan of care for P2 and P3 that included provisions for quarterly review and quarterly revisions of the individual plans of care. Rule Violated: Minnesota Rules, part 9555.9700, subpart 3. Repeat Violation: In a Correction Order that DHS issued on November 4, 2025, you were previously found in violation of this same rule. Corrective Action Required: Within 30 days of receiving this order, you must develop written plans of care for P1, P2, and P3 that include the information detailed above. Compliance will be reviewed on site. On an ongoing basis, you must maintain compliance as required in this subpart. PERSONNEL RECORD & CENTER COVERAGE VIOLATIONS 5. Violation: For one consultant whose record was reviewed (SP3), the license holder did not maintain personnel files are required. The license holder did not maintain a personnel file for the registered physical therapist (SP3) that included documentation that SP3 met any licensure, registration, or certification required to perform the services specified in the contract. Rule Violated: Minnesota Rules, part 9555.9650, item B. Repeat Violation: In a Correction Order that DHS issued on November 4, 2025, you were previously found in violation of this same rule. Corrective Action Required: Within 30 days of receiving this order, you must maintain documentation that your registered physical therapist meets licensure, registration, or certification required to perform the services specified in the contract. Compliance will be reviewed on site. On an ongoing basis, you must maintain compliance as required in this item. 6. Violation: For two staff persons whose records were reviewed (SP1 and SP2), the license holder did not provide in-service training annually as required. The license holder did not provide SP1 and SP2 training annually in 2025, in the following areas: · areas related to care of center participants, including provision of medication assistance and review of parts 9555.9600 to 9555.9730; and · Minnesota Statutes, section 626.557. Rule Violated: Minnesota Rules, part 9555.9690, subpart 4. Repeat Violation: In a Correction Order that DHS issued on November 4, 2025, you were previously found in violation of this same rule. Corrective Action Required: Within 30 days of receiving this order, you must provide the required in-service training detailed above to SP1 and SP2. Compliance will be reviewed on site. On an ongoing basis, you must maintain compliance as required in this subpart. SERVICE AND PROGRAM VIOLATIONS 7. Violation: The license holder did not offer food services as required. The license holder did not maintain a contract with the food service provider. Rule Violated: Minnesota Rules, part 9555.9710, subpart 1. Repeat Violation: In a Correction Order that DHS issued on November 4, 2025, you were previously found in violation of this same rule. Corrective Action Required: Within 30 days of receiving this order, you must maintain a contract with the food service provider. Compliance will be reviewed on site. On an ongoing basis, you must maintain compliance as required in these subparts. 8. Violation: The license holder did not offer social services as required. The license holder did not maintain a family and social history in P3’s record that was updated annually. Rule Violated: Minnesota Rules, part 9555.9710, subpart 7. Repeat Violation: In a Correction Order that DHS issued on November 4, 2025, you were previously found in violation of this same rule. Corrective Action Required: Within 30 days of receiving this order, you must maintain and update P3’s family and social history, as applicable. Compliance will be reviewed on site. On an ongoing basis, you must maintain compliance as required in these subparts. 9. Violation: The license holder did not meet safety requirements. a. The license holder did not ensure equipment and furniture was in good repair, including: · couches and chairs that were ripped; and · water damage to the ceiling. b. The license holder did not ensure: · the areas used by participants were free from loose plaster and peeling paint; and · rugs had nonskid backing. c. The license holder did not: · have written plans for emergencies caused by fire that included instructions on use of fire extinguishers; and · ensure plans for emergencies caused by fire, blizzards, and tornadoes were posted in a visible place in the center. Rule Violated: Minnesota Rules, part 9555.9720, subparts 7, 8, and 9. Repeat Violation: In a Correction Order that DHS issued on November 4, 2025, you were previously found in violation of this same rule. Corrective Action Required: Within 30 days of receiving this order, you must: · ensure all equipment and furniture is in good repair; · ensure the areas used by participants are free from loose plaster and peeling paint and rugs have nonskid backing; · develop written plans for emergencies caused by fire that include instructions on use of fire extinguishers; and · ensure plans for emergencies caused by fire, blizzards, and tornadoes are posted in a visible place in the center. Compliance will be reviewed on site. On an ongoing basis, you must maintain compliance as required in these subparts. 10. Violation: The license holder did not establish and enforce their program abuse prevention plan (PAPP) as required. The license holder did not ensure the license holder’s governing body or the governing body’s delegated representative reviewed the PAPP, at least annually. The license holder most recently documented a review of the PAPP in November 2022. Statute Violated: Minnesota Statutes, section 245A.65, subdivision 2. Repeat Violation: In a Correction Order that DHS issued on November 4, 2025, you were previously found in violation of this same statute. Corrective Action Required: Within 30 days of receiving this order, you must review your PAPP using the assessment factors in the plan and any substantiated maltreatment findings that occurred since the last review. Compliance will be reviewed on site. On an ongoing basis, you must maintain compliance as required in this subdivision. Corrective action required You must correct the violations as described above. If you do not demonstrate substantial compliance with adult day care requirements or with the terms of your conditional license that are provided below, DHS may take an additional licensing action, including revocation, against your license. Nature, chronicity, or severity of violations and effect of violation(s) on health, safety, or rights of persons served by the program · Nature: There were ten violations determined as a result of the licensing review on March 18, 2026. Many of the violations cited in the Order of Conditional License are violations of law or rule affecting the health, safety, or rights of individuals served by the program. Additionally, nine of the violations were repeat violations determined in a Correction Order dated November 4, 2025. · Chronicity: Your program received its license in December 2006. Since that time, your program has demonstrated a history of noncompliance with licensing rules and statutes. The information below summarizes this history: o June 22, 2026 Conditional License (this order): 10 violations (9 repeat) o November 4, 2025 Correction Order: 9 citations (9 repeat) o December 22, 2022 Correction Order: 6 citations (6 repeat) o September 26, 2022 Correction Order: 14 citations (3 repeat) o August 21, 2017 Correction Order: 3 citations (1 repeat) o August 11, 2015 Correction Order: 6 citations o April 5, 2012 Correction Order: 5 violations o March 12, 2010 Correction Order: 10 violations o December 7, 2007 Correction Order: 3 violations · Severity: Many of the violations that led to the Order of Conditional license relate to the health and safety of persons served. Many of the violations have been repeat violations across many areas of service delivery and program requirements including participant records, individual abuse prevention plans, staff training, program policies and procedures, safety and facility requirements. Your inability to ensure compliance in these areas causes significant concern to DHS about your ability to demonstrate competent knowledge of the applicable requirements of statutes and rules that pertain to adult day services. DHS must rely on license holders to demonstrate competent knowledge of the applicable requirements of rules and statutes as DHS is unable to provide continuous oversight of license holders and programs. Due to the serious and chronic nature of these violations, and the conditions in the program, which impact the health and safety of persons served in your care, your license to provide adult day services is placed on a conditional status. Commissioner’s evaluation of program In determining whether a licensing action is warranted, DHS evaluated the facts, conditions, and circumstances concerning your program’s operation. This includes, consideration of the program’s operation; well-being of persons served by your program, available evaluations of the program by persons receiving services; the qualifications of staff persons; the ability to demonstrate competent knowledge of applicable laws and rules; and the results of background studies. DHS is concerned about your program’s operation, well-being of the participants being served by your program, and your ability to demonstrate competent knowledge of applicable laws that apply to licensed adult day centers. Since your program has been licensed, you have continued to demonstrate significant and ongoing noncompliance with licensing rules and statutes. DHS licensors had extensive and informative exit interviews following each licensing review where licensors discussed areas of noncompliance throughout your program. Despite DHS providing ongoing resources and support, you have continued to demonstrate an unwillingness or inability to follow the laws and rules in place intended to ensure the health and safety of vulnerable adults. DHS’ concerns about the well-being of persons served by your program is demonstrated in your inability to comply with requirements pertaining to participant records, policies and procedures and safety. These requirements protect the health and safety of persons served and are minimum standards for license holders. Inability to comply with these requirements impedes the Commissioner’s ability to ensure the level of care that is required by persons served is being provided as mandated by law. Participant records and service planning requirements are essential to keeping vulnerable adults safe and ensuring persons served are receiving necessary services. Your lack of service planning and documentation of needs posed a risk that staff would not know about the unique needs of the vulnerable people served. Moreover, your inability to review your program abuse prevention plan as required demonstrates a lack of understanding of the licensing rules and statutes. Based on the Commissioner’s evaluation of the program, a conditional license is warranted. Legal Authority: Minnesota Statutes, section 245A.04, subdivision 6. CONDITIONAL LICENSE TERMS In addition to the adult day care licensing rules and statutes, you are required to comply with the following terms: 1. Within 15 days of receiving this order, you must notify current persons receiving services, all parties who refer persons to the program, and all payer sources of the conditional status of your license. The notification must be approved by DHS Licensing prior to being sent to persons receiving services and all other parties. Therefore, the draft notice must be submitted to DHS for approval within 10 days of receiving this order. The notification must specify the length of time of the conditional status of your license, the reasons your license was made conditional, and it must include either a copy of the Order of Conditional License or an offer to provide a copy of the order upon request. While the license is on conditional status, you must notify new persons receiving services, referral sources, and payer sources that the license is on conditional status before they begin receiving adult day care services. The notification to new persons receiving services must specify the length of time of the conditional status of the license, the reasons the license was made conditional, and it must include either a copy of the Order of Conditional License or an offer to provide a copy of the order upon request. Within 30 days of receiving this order, you must submit to the DHS Licensing Division a list of the individuals and parties that received the notice. Additionally, while the license is on conditional status, you must maintain documentation of the names of individuals you’ve provided the notification to and the date the individual was provided the notification. 2. Within 15 days of receiving this order, you must notify your DHS licensor the name of the person that will be responsible for following the corrective action ordered. You must also send your DHS licensor a signed acknowledgement statement that the person responsible is trained on and understands the statutes and rules that pertain to adult day services. 3. Within 60 days of receiving this order, you must: · complete an audit of all participant and personnel records; · submit the date to your DHS licensor that all participant and personnel records will be brought into compliance based on the results of your audit. The date that all participant and personnel records will be brought into compliance must be no later than within 90 days of receiving this order; and · maintain the results of the audit at your center in a manner that is accessible to the commissioner for review. 3. For the duration of the conditional license, you must complete an audit each month of the facility conditions to ensure that all the safety and physical plant requirements are met. Based on the determinations or results of the monthly audit, you must correct deficiencies within 5 days. Additionally, you must maintain documentation of each monthly facility audit and the results of the corrective action. 4. You may not increase the hours or days of operation of your program or increase the capacity of your program for the duration of the conditional license. 5. You may not apply for other DHS-issued licenses without prior approval from DHS for the duration of this conditional license. Submissions required as part of a corrective action ordered must be sent to your Licensor: 1. by secure email at: Katie.Johnson@state.mn.us; or 2. send fax to: 651-431-7673 ATTN: Katie Johnson YOUR RIGHT TO REQUEST RECONSIDERATION You have the right to request reconsideration of this order and the cited violations. Your request must: · Be in writing · Clearly state that you are requesting reconsideration of the conditional license · List each citation you are challenging and identify what is inaccurate or incomplete about the information in the order · Supply information that is accurate or more complete · State why you believe your license should not be on a conditional status · Be made before the deadlines provided below If you are mailing your request, it must be sent by certified mail and postmarked within 10 calendar days from when you received this order. If you do not meet this deadline, you lose your right to request reconsideration. The timeline to appeal began when you received this order. Please send it to: Commissioner, Department of Human Services Office of Inspector General Legal Counsel’s Office Attn: Licensing Legal Unit PO Box 64953 St. Paul, MN 55164-0953 If your request is being personally delivered, it must be received by DHS within 10 calendar days from when you received this order. Please bring it to: Commissioner, Department of Human Services Office of Inspector General Legal Counsel’s Office Attn: Licensing Legal Unit 444 Lafayette Road North St. Paul, MN 55155 Conditional license stayed pending reconsideration If you request reconsideration within the timeframes described above, the terms of the conditional license will not take effect until a decision is issued by DHS. If the conditional license is affirmed on reconsideration, the terms would take effect on the date of the reconsideration decision and run for two years from that date. You continue to be required to comply with all adult day care laws and rules. Legal authority for this licensing action · This action is taken under Minnesota Statutes, section 245A.06, subdivision 1. · Adult day care centers are required to follow Minnesota Statutes, chapters 245A and 245C and Minnesota Rules, parts 9555.9600 to 9555.9730. · The timeline to request reconsideration of the order is provided in Minnesota Statutes, section 245A.06, subdivision 4. · If a license holder files a timely reconsideration request, the terms of the conditional license are stayed pending a decision by DHS under Minnesota Statutes, section 245A.06, subdivision 4. · Minnesota Statutes, section 245A.06, subdivision 3 states that DHS may impose additional licensing actions against a license holder that does not correct the violations cited in a conditional license order. Questions If you have any further questions regarding this matter, you may contact Katie Johnson, HCBS Licensor, at 651-431-4113. Sincerely,
Brittany Fogarty, HCBS Unit Supervisor Licensing Division Office of Inspector General
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