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January 26, 2023 CERTIFIED MAIL Liban Alishire, Authorized Agent Lakes Adult Day Center Inc. 419 Cedar Avenue South #377 Minneapolis, MN 55454 License Number 1084767 (Adult Day Care) ORDER OF LICENSE REVOCATION Dear Liban Alishire: The Department of Human Services (DHS) is revoking your license to provide adult day care services at 1516 East Lake Street, Suite 200, Minneapolis, Minnesota. This revocation is based on the disqualification of a controlling individual and the commissioner’s evaluation. Details of our findings are provided below. Our next steps and your options are also detailed. REASON FOR LICENSE REVOCATION 1. Disqualification of a controlling individual Disqualification of C1 On January 25, 2023, DHS notified you that a controlling individual (C1) had a disqualification, and ordered you to immediately remove C1. On January 25, 2023, DHS notified C1 that they had a disqualification and of the right to request reconsideration. If C1 does not submit a timely request for reconsideration, then C1’s disqualification will become final. In that case, if you appeal this revocation order, the issue of whether C1 poses a risk of harm to persons served by the program will not be reviewed as a part of the contested case hearing. If C1 requests reconsideration, DHS will issue a determination on whether the disqualification was correct and/or whether C1 met their burden to demonstrate they do not pose a risk of harm to persons served by the program. If the disqualification is affirmed and not set aside or no variance is issued, if you appeal this revocation order, the issue of whether C1 poses a risk of harm to persons served by the program will be reviewed as a part of the contested case hearing. If C1 requests reconsideration, and the disqualification is set aside, then this basis for the revocation order will be rescinded. Legal Authority: Minnesota Statutes, section 245A.07, subdivision 3(a)(2). 2. 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 well-being of persons served by your program, and information about the qualifications of staff persons that are working in your program. DHS has determined that revocation of your license is appropriate based on the violations identified above and the program evaluation. Your program received its license to provide adult day care services on May 18, 2017. Since that time, DHS has conducted licensing visits that have resulted in the following history of noncompliance: · December 20, 2022, Correction Order: 5 violations (pending reconsideration) · January 14, 2022, Order of Conditional License: 13 violations (6 repeat) (pending appeal at the Court of Appeals) · January 13, 2020, Correction Order: 12 violations (2 repeat) · February 12, 2018, Correction Order: 5 violations As listed above, DHS issued an Order of Conditional License (“Conditional Order”) on January 14, 2022. You requested reconsideration of the Conditional Order, which was affirmed and became effective on August 25, 2022. You appealed the Conditional Order, which is currently pending before the Court of Appeals, but remains in effect pending this appeal. DHS has determined that based on the history of noncompliance and the disqualification of one of the program’s controlling individuals, DHS cannot ensure that public funds received by your program will be obtained in compliance with relevant state and federal statutes and cannot ensure that persons who are the intended beneficiaries of those funds receive the care to which they are entitled. Accordingly, DHS has determined that revocation of your license is warranted. Legal Authority: Minnesota Statutes, sections 245A.04, subdivision 6; and 245A.07, subdivision 1(a). Due to the serious 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 care services is revoked. YOUR RIGHT TO APPEAL You have the right to appeal the revocation. 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 10 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 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 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 five years. In addition, any additional licenses held by you or the controlling individuals shall also be revoked. Please note, C1 was advised of their right to request reconsideration of their disqualification. If C1 elects to request reconsideration, they must do so according to the instructions in their disqualification notice. Operating the program pending the outcome of the appeal: If you file an appeal within the timeframes described above, you may continue to operate pending the outcome of your appeal. If you continue to operate, you must do so in full compliance with all licensing laws and rules. Failure to follow a law or rule that may impact the health or safety of persons served by your program could result in the immediate suspension of your license. Legal authority for this licensing action · This action is taken under Minnesota Statutes, section 245A.07, subdivision 3, which describes under which conditions DHS may revoke a license. · The timeline to appeal a revocation order is provided in Minnesota Statutes, section 245A.07, subdivision 3(b). · “Controlling individual” is defined under Minnesota Statutes, section 245A.02, subdivision 5a. · “Excluded” is defined under 245.095, subdivision 2, paragraph (b). · When a revocation of a license is based on a disqualification for which reconsideration was timely requested and which was not set aside, the scope of the contested case hearing for the revocation shall also include the disqualification and set aside under Minnesota Statutes, section 245A.08, subdivision 2a, paragraph (a). · When a revocation of a license is based on a disqualification for which reconsideration was timely requested and which was not set aside, the scope of the contested case hearing for the revocation shall also include the risk of harm review under Minnesota Statutes, section 245A.08, subdivision 2a, paragraph (g). · Minnesota Statutes, section 245C.29, subdivision 2 states that a disqualification is final if the commissioner or court has issued a final decision, the individual did not request reconsideration on the basis the disqualification was incorrect, or the individual did not timely request a hearing after being given the right to do so. · 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. · If a license holder files a timely appeal of a revocation order, the license holder may continue to operate the program pending a final order of the appeal under Minnesota Statutes, section 245A.07, subdivision 1(b). · Under Minnesota Statutes, section 245A.04, subdivision 7, paragraph (d), clause (3), the commissioner shall not issue or reissue a license if the applicant, license holder, or controlling individual has had a license issued under this chapter revoked within the past five years. · Under Minnesota Statutes, section 245A.04, subdivision 7, paragraph (d), clause (5), when a license issued under this chapter is revoked under clause (1) or (3), the license holder and controlling individual may not hold any license under chapter 245A for five years following the revocation, and other licenses held by the applicant, license holder, or controlling individual shall also be revoked. Questions If you have any further questions regarding this matter, you may contact me at 651-431-6544. Sincerely,
Jill Slaikeu, Unit Manager Licensing Division Office of Inspector General
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