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July 16, 2026 CERTIFIED MAIL Yusuf Hassan, Authorized Agent Hiawatha Senior Center 1433 East Franklin Avenue Suite 2-6 License Number: 1110405 (Rule 223) ORDER OF CONDITIONAL LICENSE Dear Yusuf Hassan: The Department of Human Services (DHS) is placing your license to provide adult day care services at Hiawatha Senior Center, 1433 East Franklin Avenue, Minneapolis, Minnesota, on conditional status for two years, beginning July 16, 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 April 30, 2026, and May 6, 2026, DHS licensors conducted a licensing review at your facility. As a result of this licensing visit, the DHS licensors determined that your program did not comply with the laws and rules that apply to licensed adult day centers, citing 6 repeat violations. DHS determined that you had not complied with the corrective action ordered in the correction order dated January 21, 2026. Licensing Violations Determined on April 30, 2026, and May 6, 2026 DHS determined that your program did not follow licensing rules and statutes, as described below. PARTICIPANT RECORD VIOLATIONS 1. Violation: For three of six participants whose records were reviewed (P4-P6), the license holder did not meet the requirements for an individual abuse prevention plan (IAPP). The license holder did not review P4-P6’s IAPPs with P4-P6’s interdisciplinary teams, at least annually in 2025, using the individual assessments and any reports of abuse relating to the person.
2. Violation: For six participants whose records were reviewed (P1-P6), the license holder did not include information in the participant’s written record as required. a. The license holder did not include the following information in P1’s record: · an application form signed by P1 and P1’s caregiver that included the name and telephone number of the person to call in case of an emergency involving the participant and the name and number of another person to call if that person cannot be reached; · a medical report, dated within the three months prior to or 30 days after P1’s admission to the center signed by a physician, or physician assistant or registered nurse and cosigned by a physician; and · attendance and participation reports and progress notes that were recorded at least monthly. b. The license holder did not include the following information in P2’s record: · an application form signed by P2 and P2’s caregiver that included: o the name and telephone number of the person to call in case of an emergency involving P2 and the name and number of another person to call if that person cannot be reached; o the name and telephone of P2’s physician or medical provider; and · attendance and participation reports and progress notes that were recorded at least monthly. c. The license holder did not maintain attendance and participation reports and progress notes that were recorded at least monthly for P3-P6 in P3-P6’s participant records.
Repeat Violation: In a Correction Order that DHS issued on January 21, 2026, you were previously found in violation of this same rule. 3. 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 develop a preliminary service plan for P3 that included the role of the P3’s caregiver or caregivers in carrying out the service plan. Rule Violated: Minnesota Rules, part 9555.9700, subpart 2. Repeat Violation: In a Correction Order that DHS issued on January 21, 2026, you were previously found in violation of this same rule. On an ongoing basis, you must maintain compliance as required in this subpart. 4. Violation: For three participants whose records were reviewed (P1-P3), the license holder did not develop a written plan of care as required. The license holder did not develop a written plan of care for P1-P3 that included: · an update of the preliminary service plan and additional services required by the P1-P3; · short and long term objectives for P1-P3 stated in concrete, measurable and time specific outcomes; and · the anticipated duration of the individual plan of care as written. Rule Violated: Minnesota Rules, part 9555.9700, subpart 3. Repeat Violation: In a Correction Order that DHS issued on January 21, 2026, you were previously found in violation of this same rule. SERVICE AND PROGRAM VIOLATIONS 5. Violation: The license holder did not offer services as required. The license holder did not offer a monthly plan for diversified daily program activities designed to meet the needs and interests of the persons including: · socialization activities, such as group projects and recreational activities; · cultivation of personal interest, such as arts, crafts, and music; and · activities designed to increase the person’s knowledge and awareness of the environment and to enhance language and conceptual skills. Rule Violated: Minnesota Rules, part 9555.9710, subpart 6. Repeat Violation: In a Correction Order that DHS issued on January 21, 2026, you were previously found in violation of this same rule. Corrective Action Required: Within 30 days of receiving this order, you must offer a diversified daily program activities designed to meet the needs and interest of the persons attending the center as described above. On an ongoing basis, you must maintain compliance as required in this subpart. SAFETY VIOLATIONS 6. Violation: The license holder did not ensure safety as required. a. The license holder did not ensure equipment and furniture were in good repair, including a cracked and broken mirror in the bathroom. b. The license holder did not ensure the areas used by participants receiving services were free from loose plaster and peeling paint. Rule Violated: Minnesota Rules, part 9555.9720, subparts 7 and 8. Repeat Violation: In a Correction Order that DHS issued on January 21, 2026, you were previously found in violation of this same rule. Corrective Action Required: Within 30 days of receiving this order, you must: · ensure the equipment and furniture used by participants receiving services are in good repair; and · ensure the areas used by participants receiving services are free from chipped sheetrock and peeling paint. On an ongoing basis, you must maintain compliance as required in these subparts. 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 six violations determined as a result of the licensing review on April 30, 2026, and May 6, 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, all six of the violations were repeat violations determined in a Correction Order dated January 26, 2026. · Chronicity: Your program received its license in May 2022. Since that time, your program has demonstrated a history of noncompliance with licensing rules and statutes. The information below summarizes this history: o July 16, 2026 Conditional License (this order): 6 violations (6 repeat) o January 21, 2026, Correction Order: 12 violations (3 repeat) o October 2, 2023, Notice of Non-Compliance and Correction Order: 3 violations (3 repeat) o June 13, 2023, Correction Order: 9 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 several areas of service delivery and program requirements including participant records, individual abuse prevention plans, program services, 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 participants in your care, your license to provide adult day care 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 are demonstrated in your inability to comply with requirements pertaining to participant records, program services 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. Your inability to review your program abuse prevention plan as required demonstrates a lack of understanding of the licensing rules and statutes. Moreover, not offering a monthly plan for diversified daily program activities designed to meet the needs and interests of the persons served demonstrates a lack of understanding of adult day care program services requirements. By not providing daily program activities, persons served are not receiving the daily socialization, cultivation of their personal interests, the awareness of their environment or enhancement of their skills required by licensing rules and statues. DHS is concerned about your ability to demonstrate competent knowledge of applicable laws that apply to licensed adult day centers due to the ongoing repeat violations across licensing reviews. The three monitoring activities that followed your program’s first licensing review in May 2023 all have multiple repeat violations from the previous review’s required corrective action. This demonstrates an inability or unwillingness to comply with and maintain the required corrective action issued by DHS. 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 implementing 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 30 days of receiving this order, you must develop and offer a monthly plan for diversified daily program activities designed to meet the needs and interests of the persons served as identified in violation 5 of this order. Additionally, you must maintain daily documentation of persons served participation in the offered activities. An audit of persons served participation documentation must be completed at least every 30 days to determine whether the activities that are offered are meeting the needs and interest of the persons served. Adjustments to the offered activities must be applied to the monthly plan based on the participation results of the monthly audits. The daily documentation of activity participation and monthly audits must be completed for the first 12 months of the conditional license and documentation must be maintained on site for these audits. 4. Within 60 days of receiving this order, you must: · complete an audit of all participant records; · submit the date to your DHS licensor that all participant records will be brought into compliance based on the results of your audit. The date that all participant 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. 5. 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. 6. 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. 7. 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: kristopher.oberg@state.mn.us; or 2. send fax to: 651-431-7673 ATTN: Kristopher Oberg 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 Kristopher Oberg, HBCS Licensor, at 651-431-6589. Sincerely,
Brittany Fogarty, HCBS Unit Supervisor Licensing Division Office of Inspector General
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