|
July 1, 2026 Olamide Bakare, Authorized Agent Beyond Home Health Care 7748 Emerson Avenue North Brooklyn Park, Minnesota 55444 License Number: 1101706 (245D – HCBS) Licensing Investigation Report Numbers: 202511507 and 202603957 CORRECTION ORDER Dear Olamide Bakare: On June 3 and June 4, 2026, a licensing review and licensing complaint investigation of Beyond Home Health Care, located at 1710 Douglas Drive North, Golden Valley, 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 and the licensing complaint investigation 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 245D.04, subdivision 1 and Minnesota Rules, 9544.0060, subpart 2. Violation: For two of five persons whose records were reviewed (P1 and P2), the license holder did not ensure the exercise and protection of service recipient rights and did not restrict prohibited procedures as required. Minnesota Rules 9544.0060, subpart 2 lists specific prohibited actions or procedures, for a behavioral or therapeutic program to reduce or eliminate behavior, as punishment, including speaking to a person in a manner that ridicules, demeans, or threatens. a. The license holder used a prohibited procedure to reduce or eliminate behavior by speaking to a person in a manner that threatens. SP4 reported to DHS licensors that they have told P2 if they do not comply with directions staff provide, P2 would have their services terminated. b. The license holder did not ensure the exercise and protection of P1’s and P2’s right to personal privacy. During the site visit to P1’s and P2’s residence on June 4, 2026, DHS licensors conducted staff interviews and staff stated that they have the ability to enter apartments at all times using a master key. P1 and P2 made statements to DHS licensors that staff have entered P1’s and P2’s apartments without their consent on multiple occasions. c. The license holder did not ensure the exercise and protection of P2’s right to be treated with courtesy and respect. DHS licensors observed during a site visit to P2’s residence SP4 laughing at P2 and not having respectful communication about P2 when P2 was present. In the presence of DHS licensors, P2 asked SP4 to stop laughing at them multiple times and SP4 did not comply. Corrective Action Ordered: Immediately upon receiving this order, you must discontinue the use of prohibited procedures for all service recipients and ensure the exercise and protection of all service recipient rights for all current service recipients. Compliance with this order will be reviewed at an upcoming compliance monitoring visit. On an ongoing basis, you must maintain compliance as required in this subdivision and subpart. 2. Citation: Minnesota Statutes, section 245D.05, subdivision 4. Violation: For one person whose record was reviewed (P2), the license holder did not review and report medication issues as required. The license holder was assigned the responsibility of meeting P2’s health needs, including medication assistance. The license holder maintained documentation in P2’s support plan addendum that P2 refused to self-administer their medication after staff provided reminders. The license holder did not report concerns of P2’s refusal to self-administer their medications to P2’s case manager as they occurred. Corrective Action Ordered: Within 30 days of receiving this order, you must report P2’s refusals to self-administer their medication to P2’s case manager and maintain documentation of these notifications in P2’s support plan addendum. Compliance with this order will be reviewed at an upcoming compliance monitoring visit. On an ongoing basis, you must maintain compliance as required in this subdivision. 3. Citation: Minnesota Statutes, section 245D.06, subdivision 4. Violation: For two persons whose records were reviewed (P1 and P2), the license holder did not ensure protection standards for safekeeping funds or property as required. The license holder maintained documentation in P1’s and P2’s support plan addendums that staff assisted with safekeeping of P1’s and P2’s funds. The license holder did not obtain written authorization from P1, P1’s case manager, and P2, and P2’s case manager to assist with safekeeping of P1’s and P2’s funds. Additionally, the license holder did not survey, document, and implement the preferences of P1, P1’s case manager, and P2, and P2’s case manager for frequency of receiving a statement that itemizes receipts and disbursements of funds. Corrective Action Ordered: Within 30 days of receiving this order, you must: · obtain written authorization from P1, P2, and their case managers to assist with safekeeping of P1’s and P2’s funds; · survey, document, and implement the preferences of P1, P2, and their case managers for frequency of receiving a statement that itemizes receipts and disbursements of P1’s and P2’s funds; and · maintain this documentation in P1’s and P2’s support plan addendums. Compliance with this order will be reviewed at an upcoming compliance monitoring visit. On an ongoing basis, you must maintain compliance as required in this subdivision. 4. Citation: Minnesota Statutes, section 245D.07, subdivision 1. Violation: For two persons whose records were reviewed (P1 and P2), the license holder did not provide services that complied with the requirements of this chapter and the federal waiver plans. a. The license holder provided integrated community supports services (ICS) to P1. The license holder did not provide services to P1 as assigned in the support plan and according to the requirements of the federal waiver plan in the following ways: · the license holder did not provide ICS services that provided support and training or habilitation in one of the community living services categories when the majority of P1’s services were documented to consist primarily of check-ins; · the license holder documented providing transportation with no other supports or training being offered to P1 on March 10, 2026, and April 13, 2026; · the license holder did not provide ICS services that provided support and training when staff provided the following services without P1 present: mailing letters, picking up and delivering medications, and completing package returns; and · the license holder did not provide P1 with the daily average number of direct contact hours assigned in P1’s support plan. b. The license holder provided integrated community support services (ICS) to P2. The license holder did not provide services to P2 as assigned in the support plan and according to the requirements of the federal waiver plan in the following ways: · the license holder did not provide ICS services that provided support and training or habilitation in one of the community living services categories when the majority of P2’s services were documented to consist primarily of check-ins; · the license holder documented providing transportation with no other supports or training being offered to P2 between March 1, 2026, and April 30, 2026; · the license holder did not provide ICS services that provided support and training when staff provided the following services without P2 present: picking up and delivering food from the food shelf, purchasing and delivering groceries, withdrawing P2’s money from an ATM, and picking up and delivering eyeglasses; and · the license holder did not provide the daily average number of direct contact hours assigned in the support plan. P2’s support plan indicated P2 was to receive 19.5 hours of ICS daily on average. Instead of providing support and supervision to P2 when P2 used the faucets in P2’s apartment staff turned P2’s main water shut off to their apartment intermittently throughout the day to avoid flood damage in the apartment. Corrective Action Ordered: Immediately upon receiving this order, you must provide services to all service recipients as outlined in their support plans and comply with the requirements of this chapter and the federal waiver plans. Concerns regarding services not delivered in compliance with the federal waiver plan were referred to the Department of Human Services, Office of Inspector General, Program Integrity and Oversight Division. Compliance with this order will be reviewed at an upcoming compliance monitoring visit. On an ongoing basis, you must maintain compliance as required in this subdivision. 5. Citation: Minnesota Statutes, section 245D.07, subdivision 2. Violation: For two persons whose records were reviewed (P3 and P4), the license holder did not complete service planning for basic support services as required. a. The license holder did not review and revise P3’s support plan addendum to document P3’s respite services, including how, when, and by whom the services would be provided. Additionally, the license holder documented a service in P3’s support plan addendum that the license holder was not currently providing to P3. b. The license holder provided two basic support services to P4. The license holder did not review and revise P4’s support plan addendum to document how each service would be provided including how, when, and by whom services would be provided. Corrective Action Ordered: Within 30 days of receiving this order, you must: · review and revise P3’s and P4’s support plan addendums to document how each service will be provided including how, when, and by whom services will be provided for each service they are currently receiving; · maintain documentation of the review and revision in P3’s and P4’s support plan addendums; · provide training to staff who provide direct support services to P3 and P4 on their revised support plan addendums; and · maintain documentation of the training provided in each staff person’s personnel record. Compliance with this order will be reviewed at an upcoming compliance monitoring visit. On an ongoing basis, you must maintain compliance as required in this subdivision. 6. Citation: Minnesota Statutes, section 245D.071, subdivision 3, paragraph (d). Violation: For two persons whose records were reviewed (P1 and P2), the license holder did not complete initial service planning for intensive services as required. a. The license holder initiated P1’s services in April 2025. The license holder did not document a summary of a discussion of how technology might be used to meet P1’s desired outcomes at P1’s initial planning meeting. The license holder documented this discussion for P1 in April 2026. b. The license holder did not document a summary of a discussion of how technology might be used to meet P2’s desired outcomes at P2’s initial planning meeting. Corrective Action Ordered: Within 30 days of receiving this order, you must: · discuss how technology might be used to meet P2’s desired outcomes with P2 and their expanded support team; and · summarize this discussion in P2’s support plan addendum and include a statement regarding any decision made related to the use of technology and a description of any further research that must be completed before a decision regard the use of technology can be made. Compliance with this order will be reviewed at an upcoming compliance monitoring visit. On an ongoing basis, you must maintain compliance as required in this subdivision. 7. Citation: Minnesota Statutes, section 245D.071, subdivision 4. Violation: For two persons whose records were reviewed (P1 and P2), the license holder did not develop service outcomes and supports as required. a. The license holder did not document the supports and methods to be implemented to support P1 and accomplish outcomes related to acquiring, retraining, or improving skills and physical, mental, and emotional health and well-being, including: · the methods or actions that will be used to support the person and to accomplish the service outcomes, including information about: o any changes or modifications to the physical and social environments necessary when the service supports are provided; o any equipment and materials required; and · the measurable and observable criteria for identifying when the desired outcome has been achieved. Additionally, the license holder did not submit to and obtain dated signatures from P1 and P1’s case manager to document completion and approval of the assessment and support plan addendum within 20 working days of the initial planning meeting. b. The license holder did not document the supports and methods to be implemented to support P2 and accomplish outcomes related to acquiring, retraining, or improving skills and physical, mental, and emotional health and well-being, including: · the methods or actions that will be used to support the person and to accomplish the service outcomes, including information about: o any changes or modifications to the physical and social environments necessary when the service supports are provided; o any equipment and materials required; and o techniques that were consistent with the person’s communication mode and learning style; · the measurable and observable criteria for identifying when the desired outcome has been achieved and how data would be collected; · the projected starting date for implementing the supports and methods and the date by which progress towards accomplishing the outcomes would be reviewed and evaluated; and · the names of the staff or position responsible for implementing the supports and methods. Corrective Action Ordered: Within 30 days of receiving this order, you must: · develop and document supports and methods for P1’s and P2’s desired outcomes including the information detailed above; · submit to and obtain dated signatures from P1, P1’s case manager, and P2, and P2’s case manager for approval; · provide training on P1’s and P2’s documented supports and methods to all staff who provide direct support services to P1 and P2; and · implement the supports and methods for P1’s and P2’s desired outcomes and track data related to their outcomes. Compliance with this order will be reviewed at an upcoming compliance monitoring visit. On an ongoing basis, you must maintain compliance as required in this subdivision. 8. Citation: Minnesota Statutes, section 245D.10, subdivision 3a. Violation: For one person whose record was reviewed (P5), the license holder did not enforce policies and procedures for service termination as required. The license holder issued a notice of service termination to P5 on May 1, 2025. The license holder did not enforce the program’s policy and procedure titled, “Service Termination Policy” when the license holder did not document the actions taken to minimize or eliminate the need for P5’s termination prior to giving the notice of termination. The license holder must document, at a minimum, the following actions taken: · consultation with the person's support team or expanded support team to identify and resolve issues leading to issuance of the termination notice; and · a request to the case manager for intervention services identified in section 245D.03, subdivision 1, paragraph (c), clause (1), or other professional consultation or intervention services to support the person in the program. Repeat Violation: In a Correction Order that DHS issued on June 21, 2024, you were previously found in violation of this same statute. Corrective Action Ordered: Compliance with this order will be reviewed at an upcoming compliance monitoring visit. 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. Katie Hoard, HCBS Licensor Licensing Division Office of Inspector General 651-431-2656
|
