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June 16, 2023 CERTIFIED MAIL Abdulkadir Awale, Authorized Agent Bashi Adult Daycare Inc. 1501 Riverwood Drive Suite 160 Burnsville, MN 55337 License Number: 1110638 (Rule 223 - Adult Day Care) ORDER OF LICENSE REVOCATION Dear Abdulkadir Awale: The Department of Human Services (DHS) is revoking your license to provide adult day care services at 1501 Riverwood Drive, Burnsville, Minnesota. This revocation is based on the disqualification of a controlling individual and Minnesota Statutes, section 245.095. Details of our findings are provided below. Our next steps and your options are also detailed. The revocation goes into effect on June 29, 2023, to allow time for delivery of this order and ten days for you to inform the Commissioner whether you intend to appeal the license revocation explained below. REASON FOR LICENSE REVOCATION 1. Disqualification of a controlling individual On June 14, 2023, DHS notified you that a controlling individual (C1) had a disqualification, and ordered you to immediately remove C1. On June 14, 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, and 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If C1 requests reconsideration, and the disqualification is set aside, then this basis for the revocation order will be rescinded.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), and Minnesota Statutes, section 245.095. 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 April 15, 2022. Since that time, DHS conducted a licensing visit, which resulted in the issuance of a Correction Order on April 21, 2023, and cited eleven violations of licensing rules and statutes that address the adequacy of services provided to clients. DHS has determined that based on the earlier cited violations 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, section 245A.04, subdivision 6. 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, you were advised of your right to request reconsideration of your disqualification in a June 14, 2023, letter from DHS. If you elect to request reconsideration, you must do so according to the instructions in that letter. 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. 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. · Minnesota Statutes, section 245.095 defines which programs administered by DHS are included in the exclusion provision, and further defines “excluded,” “individual,” and “provider.” · 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 Jill Slaikeu, Manager, at 651-431-6544. Sincerely,
Jill Slaikeu, Unit Manager Licensing Division Office of Inspector General
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