|
September 11, 2026 Arnold Kubei, Authorized Agent Metro Care Human Services 2056 Woodlane Drive License Number: 1087086 (245D - HCBS) CORRECTION ORDER RECONSIDERATION DECISION Dear Arnold Kubei: The Minnesota Department of Human Services (DHS), Division of Licensing, received your request for reconsideration of Citation 2 in the Correction Order issued to Metro Care Human Services on March 13, 2026. After an independent review of the record, the Commissioner has affirmed Citation 2. Reconsideration Determination Citation 2 For one person whose record was reviewed, P4, the license holder did not comply with the provision of the services as required. The license holder was assigned responsibility to provide ICS services to P4. The license holder maintained information in P4's record that P4 was to receive 3.5 hours of in-person support daily. The license holder did not provide the number of hours of support that P4 required in October 2025. Applicable Law The license holder must provide services as assigned in the support plan. The provision of services must comply with the requirements of this chapter and the federal waiver plans. Minnesota Statutes, section 245D.07, subdivision 1. Your Response In your reconsideration request you do not state you provided the hours assigned in the plan. You state the law, CSBM, and DHS published guidance does not require you to provide a daily minimum of in-person care. You argue DHS policy requires a measurement of average hours over a consecutive period of up to 52 weeks, not a single month. Reconsideration Determination You did not provide the services assigned in the persons support plan as required by Minnesota Statutes, section 245D.07, subdivision 1. P4’s support plan stated P4 was to receive an average 3.5 hours of in-person hours. P4’s daily progress notes prepared by you, show that in October 2025, you did not provide P4 with any in-person support. The progress notes show you provided no more than a check-in by text message, phone, or during rounds. The guidance you provided in your reconsideration request instructs lead agencies and providers on how to calculate the average number of hours needed per day to establish the support plan. The guidance was not to instruct providers on how to deliver the hours assigned in the support plan. Once the hours are in the support plan, Minnesota Statutes, section 245D.07, subdivision 1, requires license holders to provide the “assigned services”. The assigned services in P4’s plan were an average of 3.5 hours of individual “staff hours per day”. The plan states average “per day,” meaning you were required to provide approximately 3.5 hours each day. You did not provide any in-person support to P4 in October of 2025, so you did not provide the hours of in-person support assigned in P4’s support plan. Citation 2 is affirmed. Disposition The Commissioner has reviewed the relevant laws and all of the information you submitted in response to the Correction Order. Citation 2 is affirmed. This is a final agency decision. Sincerely, Kofi Monztka, Attorney Legal Counsel’s Office Office of Inspector General
|
