|
Notice: This Amended Order of Temporary Immediate Suspension supersedes the original Order of Temporary Immediate Suspension dated, February 5, 2025. This document is amended to change the date the temporary immediate suspension goes into effect. The immediate suspension will go into effect on February 14 at 11:59 PM. After this time, you are prohibited from providing home and community-based services, including those services in the community residential settings. The timeline to appeal the Temporary Immediate Suspension is five (5) days from when you received the original Order of Temporary Immediate Suspension. See the “Your Right to Appeal” section below. The original Order of Temporary Immediate Suspension dated February 5, 2025, must be destroyed. Date issued: February 5, 2025 Date reissued: February 7, 2025 Electronic Delivery Audrey Harrell, Authorized Agent Hope House of St. Croix Valley 451 Everett ST N Stillwater, MN 55082-4781 License Number 1067531 (HCBS) License Number 1076118 (CRS) ORDER OF TEMPORARY IMMEDIATE SUSPENSION Dear Audrey Harrell: The Department of Human Services (DHS) is immediately suspending your license to provide the home and community-based services (HCBS) of community residential service at the community residential setting located at 451 N Everett, Stillwater, Minnesota. This immediate suspension is based on a determination that persons served by your program are at an imminent risk of harm. Details of our findings are provided below. Our next steps and your options are also detailed. The immediate suspension goes into effect on Friday February 14, 2025, at midnight or when all service recipients have been transitioned to a new provider, whichever comes first. After this time, you are prohibited from providing home and community-based services. REASON FOR TEMPORARY IMMEDIATE SUSPENSION There is an imminent risk of harm to persons served. On February 5, 2025, DHS determined that: · Records for staff and persons served were completely missing or significantly incomplete; · Services were being delivered without support plans or support plan addendums; · Service recipients were not receiving necessary supervision; · Incidents were not responded to or reported as required; · Allegations or suspected maltreatment were not reported as required by mandated reporters; · Staff members were not trained on HCBS licensing standards and the individual needs of each service recipient; · Medications were administered incorrectly and/or without appropriate training, oversight, or documentation; · Service recipients did not have access to three nutritionally balanced meals and nutritious snacks; and · Controlling individuals were not identified to the commissioner and the license holder failed to complete the required backgrounds studies. Because this report is currently under investigation, no additional information can be released in this order. Based on these findings, DHS cannot ensure the health and safety of the persons served by your program at this time. DHS has determined that the health, safety, and rights of persons in your care are in imminent risk of harm. Therefore, DHS is suspending your license to provide home and community-based services. Legal Authority: Minnesota Statutes, section 245A.07, subdivision 2(a)(1). YOUR RIGHT TO APPEAL You have the right to appeal the temporary immediate suspension. 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. Your response time starts when you receive this letter. If you are mailing your request, it must be sent by certified mail and postmarked within 5 calendar days from February 5, 2025, the date you received the original Order of Temporary Immediate Suspension. 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 5 calendar days from February 5, 2025, the date you received the original Order of Temporary Immediate Suspension when you receive 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. 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 in this licensing action · This action is taken under Minnesota Statutes, section 245A.07, subdivision 2(a), which describes under which conditions DHS may immediately suspend a license. · The timeline to appeal a temporary immediate suspension order is provided in Minnesota Statutes, section 245A.07, subdivision 2(b). · Because this report remains under investigation, additional information is considered “confidential data” under Minnesota Statutes, section 13.46, subdivision 3. · Under Minnesota Statutes, section 245A.07, subdivision 2b, the effective date of the TIS may be delayed for up to 30 calendar days to provide for the continuity of care of service recipients. · 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. Questions If you have any further questions regarding this matter, you may contact Christala Culhane, Unit Manager, at 651-431-6541. Sincerely,
Alyssa Dotson, Deputy Inspector General Licensing Division Office of Inspector General
|
