|
July 27, 2026 CERTIFIED MAIL Stephanie Loretta Jargbah, Authorized Agent Nelly Care Center LLC 6412 June Ave N Brooklyn Center, MN 55429 License Application Number 1128109 (245G) ORDER OF LICENSE DENIAL Dear Stephanie Loretta Jargbah: The Department of Human Services (DHS) is denying your application for a substance use disorder (SUD) treatment program license at 6412 June Ave N, Brooklyn Center, MN 55429. This denial is based on not being able to demonstrate competent knowledge of applicable licensing statutes and rules and not submitting a substantially complete application. Details of our findings are provided below. Our next steps and your options are also detailed. REASON FOR LICENSE DENIAL 1. Did not submit a substantially complete application You submitted an application for a license to provide substance use disorder treatment services at 6412 June Ave N, Brooklyn Center, MN 55429. A DHS licensor reviewed your full policy and procedure manual and determined that the manual was substantially incomplete. On September 11, 2025, a video call with a DHS Licensing Unit Manager and Supervisor was conducted to confirm the application and intended services, as it was not clear from the application. Resources were provided to you during this meeting, including how to access the relevant statutes for substance use disorder treatment programs and the provider enrollment manual. You responded via email on September 11, 2025, confirming the types of services you were applying for and were advised to submit updated policies to reflect these changes. You submitted an updated application and policy manual on November 19, 2025, to DHS Licensing for review. On January 9, 2026, you had a video call with DHS Licensing informing you of specific information on what was missing and/or out of compliance after completing a review of the required elements of an application. On January 13, 2026, DHS sent you a Notice of Incomplete Application, notifying you that your application was incomplete and that you had 45 days to submit additional information. A detailed checklist outlining areas of noncompliance was included. This certified mail was returned to DHS on January 27, 2026. A second attempt was made to send you the Notice of Incomplete Application on February 06, 2026, and it was returned to DHS on February 17, 2026. A third attempt was made to send you the Notice of Incomplete Application on February 26, 2026, and it was returned on March 09, 2026. DHS Licensing provided the Notice of Incomplete Application via email on February 24, 2026, along with a detailed checklist outlining areas of noncompliance. That same day you responded to the email, confirming that you received and had read the Notice. DHS Licensing received your revised policy and procedure manual on March 10, 2026. After a review was conducted, your licensor met with you on May 9, 2026, to provide you with feedback on continued areas of non-compliance. Upon further review, DHS determined your application continued to be substantially incomplete in the following ways: · You did not provide a qualified Treatment Director as required under Minnesota Statutes, section 245G.10, subdivision 1. DHS determined the individual you identified as your program’s Treatment Director did not meet the required qualifications. · You did not submit a policy and procedure manual that met all applicable requirements. The following policies were not in compliance with 245G requirements: o The policy manual was missing the following policies: § Health Care Services description § Administration of Medication and assistance with self-administration policy § HIV Minimum Standards o The policy manual contained policies that did not elaborate describe how the program would implement each policy, procedure, or plan. The following policies had statements that the program would comply with all statutory and regulatory standards, but did not identify how that would be done: § Comprehensive Assessment § Treatment Planning § Client Funds & Property § Tuberculosis § Procedures for assessing and monitoring a client’s health § Program Abuse Prevention Plan § Maltreatment of Minors Reporting § Job Descriptions § Death Reporting § Plan for Transfer of Clients and Records Upon Closure § Client Records o Service Initiation: the policy manual contained three separate service initiation policies, which were inconsistent and did not include service initiation preferences, protocols for assisting clients in need of care not provided by the license holder, and a protocol for denial of service initiation that involves the commission of a crime on the license holder’s premises. o Service termination: the policy contained three separate service termination policies, which were inconsistent and did not include a protocol for assisting clients who pose an immediate threat, a protocol for service termination that involves the commission of a crime on the license holder’s premises, conditions when a client must be terminated from services, discharge requirements in residential settings, procedures consistent with Minesota Statutes, section 253B.13, subdivision 2 for discharge of clients on civil commitment, procedures for clients leaving against staff or medical advice, and procedures for communicating staff-approved service termination criteria to a client. o Client rights: did not reference Minnesota Statutes, sections 144.651, 148F.165, and 253B.03. o Grievance procedure: missing the current addresses and phone numbers of required reporting agencies and missing time frame for responding to grievances. o Visitors: did not identify prescribed times when a client will be allowed to receive visitors. o Treatment service description: missing description of type and amount required treatment services and does not identify which groups meet the definition of group counseling. The policy referenced a treatment schedule, which was not provided with the policy manual. o Co-occurring disorder policy: missing requirements for the program to have continuing access to a medical provider with appropriate expertise in prescribing psychotropic medication policies that provide flexibility for a client who may lapse in treatment. o Medical Intervention: policy was not approved by a physician, advanced practice registered nurse, or physician assistant. o Emergency Overdose Treatment: did not require that program adhere to the requirements in Minnesota Statutes, section 245A.242. o Behavioral Emergency Policy: did not include circumstance under which behavioral emergency procedures may be used. o Vulnerable adults reporting: did not allow for internal reporting of maltreatment of vulnerable adults, did not identify a secondary person or position to whom in ternal reports may be made, and did not identify timeframes for completing internal reviews o Maltreatment of minors reporting: allowed for internal reporting instead of requiring external reporting. Personnel Policies: did not prohibit personal involvement with a client in violation of Minnesota Statutes, chapter 604 and a written plan for staff orientation. o Plan for transfer of client records upon closure: did not include a signed agreement or other documentation indicating that a county or similarly licensed provider has agreed to accept and maintain the program’s closed case records. During a video call with DHS Licensing Supervisor on May 09, 2026, you were offered the opportunity to review this feedback and declined. This feedback was also provided to you on that same date via e-mail. Legal Authority: 245A.05, subdivision (a)(1). 2. Did not demonstrate competent knowledge of applicable licensing statutes and rules Based on communications with you during the license application process, DHS determined that you were unable to demonstrate an ability to operate a substance use disorder treatment program in compliance with Minnesota statutes and rules. During the September 11, 2025, video meeting, you identified that you worked with a consultant on your policy manual and you personally were unaware of how to access the statues that oversee substance use disorder treatment programs. Information on how to access the statutes was provided to you at that time by DHS Licensing. Subsequent policy submissions were substantially out of compliance with statute requirements. This demonstrated lack of knowledge with Minnesota Statutes, Chapter 245G requirements. Without this knowledge, you are unable to ensure the safety and well-being of vulnerable adults who would be served by the program. You were not able to submit a substantially complete application after receiving assistance from DHS. The DHS website where you found the online application provides the application process and hyperlinks to the Minnesota statutes applicable to substance use disorder treatment programs. A DHS licensor also provided you with a policies and procedures checklist that identified applicable statute requirements and written feedback on the policies and procedures manual you submitted with your application. Despite these resources, you submitted policies and procedures that did not meet statute requirements. Legal Authority: Minnesota Statutes, sections 245A.04, subdivision 6(a)(5); and 245A.05, subdivision (a)(8). 3. Commissioner’s evaluation of program Before issuing, denying, suspending, revoking, or making conditional a license, the commissioner shall evaluate information gathered under Minnesota Statutes, section 245A.04, subdivision 6. The commissioner’s evaluation shall consider the applicable requirements of statutes and rules for the program or services for which the applicant seeks a license. The commissioner shall evaluate facts, conditions, or circumstances concerning the programs operation; the well-being of persons served; available evaluations of the program by persons receiving services; the qualifications of personnel employed by the applicant; and applicant’s ability to demonstrate competent knowledge of applicable statutes and rules. Your inability to submit a complete application in 45 days after receiving assistance from DHS calls into question your ability to follow the applicable laws and rules, to be able to operate a program, and to ensure the well-being of persons served. You also did not provide qualified personnel for the Treatment Director position. A Treatment Director that meets the requirements of Minnesota Statutes, section 245G.10, subdivision 1 is required for all licensed SUD programs. This position provides management and oversight of the program and is responsible for the delivery of treatment services. You did not identify a qualified individual for this position, which indicates that you are either unable or unwilling to comply with the licensing requirements. As a result, DHS is concerned about your ability to provide for the health and safety of vulnerable persons you seek to serve. DHS has determined that the denial of your license is appropriate based on the violations identified above and the program evaluation. Legal Authority: Minnesota Statutes, section 245A.04, subdivision 6. YOUR RIGHT TO APPEAL You have the right to appeal the denial. Your request must be in writing and clearly state that you are requesting a contested case hearing for this matter. Your request must be made before the deadlines provided below. If you do not meet this deadline, you lose your right to an administrative appeal. The timeline to appeal began when you received this order. If you are mailing your request, it must be sent by certified mail and postmarked within 20 calendar days from when you received this order. Please send it 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 If your request is being personally delivered, it must be received by DHS within 20 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 Attention: Licensing Legal Unit 444 Lafayette Road North St. Paul, MN 55155 Upon DHS’ receipt of your timely appeal, your case would be scheduled for a contested case hearing in front of an Administrative Law Judge. Following this hearing, the Commissioner of DHS will issue a final order. If you do not appeal or if the order is affirmed by the Commissioner following a hearing, DHS is prohibited from issuing you and the controlling individuals a license for two years. Legal representation at the contested case hearing: You do not need a lawyer to appeal. However, a lawyer can help you with your appeal. The state or county will not get you a lawyer and will not pay for a lawyer. If you cannot afford a lawyer, you may be able to get free legal advice or help with your appeal. To find out if free help is available, contact: Volunteer Lawyers Network at 612-752-6677; Central Minnesota Legal Services at 612-332-8151; Southern Minnesota Legal Services at 651-222-4731; or go to www.lawhelpmn.org to find a local legal services program that may be able to help you. You can also find information on contested cases from the Office of Administrative Hearings website at https://mn.gov/oah/self-help. Click on Administrative Law Overview, then click on Administrative Law Contested Case Hearing Guide for a list of frequently asked questions. Legal authority for this licensing action · This action is taken under Minnesota Statutes, section 245A.05, subdivision (a), which describes under which conditions DHS may deny an application. · “Controlling individual” is defined under Minnesota Statutes, section 245A.02, subdivision 5a. · License holders have a right to appeal licensing actions and request a contested case hearing, under Minnesota Statutes, chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. · Under Minnesota Statutes, section 245A.04, subdivision 7, paragraph (d), clause (2), the commissioner shall not issue or reissue a license if the applicant, license holder, or controlling individual has been denied a license under this chapter within the past two years. Questions If you have any further questions regarding this matter, you may contact Maura McGarry, Supervisor, at 651-431-6671. Sincerely,
Katie Leuer, Unit Manager Licensing Division Office of Inspector General
|
