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January 22, 2025 Kejyana Clark, Authorized Agent Enriching Home Care Services LLC 9220 Bass Lake Road Suite 350 Minneapolis, Minnesota 55428-3095 License Number: 1110667 (245D – Home and Community-Based Services) NOTICE OF NONCOMPLIANCE WITH TERMS OF A CONDITIONAL LICENSE AND CORRECTION ORDER Dear Kejyana Clark: On June 3, 2024, the Commissioner of the Department of Human Services (DHS) issued an Order of Conditional License to Enriching Home Care Services, located at 9234 Upland Lane North, Maple Grove, Minnesota.
On November 18, 2024, a licensing review of Enriching Home Care Services LLC, was conducted to determine compliance with state and federal laws and rules governing the provision of home and community-based services to persons with disabilities and age 65 and older under Minnesota Statutes, Chapter 245D and the terms of the Order of Conditional License issued on June 3, 2024. As a result of this licensing review, DHS determined eight Home and Community Based Services licensing violations and one non-compliance violation regarding term three in the Order of the Conditional License. As a result, DHS is issuing this order which requires you to take the corrective action as described under each violation. Service Recipient Violations 1. Citation: Minnesota Statutes, section 245A.65, subdivision 1. Violation: For one of three persons whose records were reviewed (P3), the license holder did not provide orientation to the internal and external reporting procedures of alleged or suspected maltreatment of minors as required. P3’s services were initiated on March 16, 2024. The license holder failed to provide P3 and P3’s legal representative with an orientation to the internal and external reporting procedures of alleged or suspected maltreatment of minors within 24 hours of admission. The license holder provided this orientation on March 26, 2024. Repeat Violation: The license holder was cited for a similar violation in an Order of Conditional License issued on June 3, 2024. Corrective Action Ordered: On an ongoing basis, you must maintain compliance as required in this subdivision. 2. Citation: Minnesota Statutes, section 245D.04, subdivision 1. Violation: For one person whose record was reviewed (P3), the license holder did not provide recipient rights as required. 245A.02, subdivision 2b defines “annual” or “annually” to mean prior to or within the same month of the subsequent calendar year. The license holder failed to provide P3 and P3’s legal representative with a written notice that identified the service recipient’s rights in subdivisions 2 and 3 and explanation of those rights within five working days of service initiation. The service recipient rights were provided to P3’s legal representative on March 26, 2024. Repeat Violation: The license holder was cited for a similar violation in an Order of Conditional License on June 3, 2024. Corrective Action Ordered: On an ongoing basis, you must maintain compliance as required in this subdivision. 3. Citation: Minnesota Statutes, section 245D.04, subdivision 3. Violation: For one person whose record was reviewed (P3), the license holder did not obtain approval for rights restrictions as required. The license holder maintained a rights restriction for P3. The license holder documented the implementation date as November 1, 2024. The license holder maintained documentation that P3’s legal representative approved the rights restriction on November 4, 2024. The license holder failed to obtain approval from P3’s legal representative prior to implementing P3’s rights restriction. Corrective Action Ordered: On an ongoing basis, you must maintain compliance as required in this subdivision. 4. Citation: Minnesota Statutes, section 245D.07, subdivision 2. Violation: For one person whose record was reviewed (P3), the license holder did not meet the requirements for initial service planning for basic support services as required. The license holder failed to develop a preliminary support plan addendum for P3 based on the support plan within 15 calendar days of service initiation. Corrective Action Ordered: On an ongoing basis, you must maintain compliance as required in this subdivision. 5. Citation: Minnesota Statutes, section 245D.10, subdivision 4. Violation: For one person whose record was reviewed (P3), the license holder did not inform and provide policies and procedures as required. The license holder failed to inform and provide copies of the policies and procedures affecting a person’s rights to P3 and P3’s case manager within five working days of service initiation. The license holder provided copies of the above mentioned policies on March 26, 2024. Repeat Violation: The license holder was cited for a similar violation in an Order of Conditional License issued on June 3, 2024. Corrective Action Ordered: On an ongoing basis, you must maintain compliance as required in this subdivision. Staffing Standards 6. Citation: Minnesota Statutes, section 245D.09, subdivision 4. Violation: For two staff persons whose records were reviewed (SP2 and SP3), the license holder did not provide orientation training as required. a. The license holder failed to provide SP3 with orientation to the following policies within 60 days of hire: · consumer grievance and complaint procedures; · consumer temporary service suspension; and · consumer service termination. b. The license holder failed to provide SP2 and SP3 with orientation training to basic first aid within 60 days of hire. Repeat Violation: The license holder was cited for a similar violation in an Order of a Conditional License issued on June 3, 2024. Corrective Action Ordered: Within 30 days of receiving this order, you must: · provide SP2 with the above mentioned training; and · provide SP3 with orientation to the above mentioned policies. Compliance with this subdivision will be monitored onsite. On an ongoing basis, you must maintain compliance as required in this subdivision. 7. Citation: Minnesota Statutes, section 245D.09, subdivision 5. Violation: For two staff persons whose records were reviewed (SP1 and SP3), the license holder did not provide annual training as required. a. The license holder failed to provide SP1 and SP3 with the following annual training as required in the following areas: · the principles of person-centered service planning and delivery as identified in Minnesota Statutes, section 245D.07, subdivision 1a, and how they applied to direct support service provided by the staff person; · the safe and correct use of manual restraint on an emergency basis according to the requirements in section 245D.061 and what constitutes the use of restraints, time out, and seclusion, including chemical restraint; · staff responsibilities related to prohibited procedures under section 245D.06, subdivision 5, why such procedures are not effective for reducing or eliminating symptoms or undesired behavior, and why such procedures are not safe; · basic first aid; and · strategies to minimize the risk of sexual violence, including concepts of healthy relationships, consent, and bodily autonomy of people with disabilities. b. Additionally, the license holder failed to provide SP1 with training to the service recipient rights and staff responsibilities related to ensuring the exercise and protection of those rights according to the requirements in 245D.04; Repeat Violation: The license holder was cited for a similar violation in an Order of Conditional License issued on June 3, 2024. Corrective Action Ordered: Within 30 days of receiving this order, you must provide SP1 and SP3 with the above mentioned training. Compliance with the subdivision will be monitored onsite. On an ongoing basis, you must maintain compliance as required in this subdivision. 8. Citation: Minnesota Statutes, section 245D.095, subdivision 5. Violation: For one staff person whose record was reviewed (SP3), the license holder did not maintain personnel records as required. The license holder failed to maintain a personnel record for SP3 that included the name of the trainer or instructor. Corrective Action Ordered: Compliance with this subdivision will be monitored onsite. On an ongoing basis, you must maintain compliance as required in this subdivision. If you fail to correct the violations specified in the Correction Order within the prescribed time lines the Commissioner may issue an Order of Conditional License or may impose a fine and order other licensing sanctions pursuant to Minnesota Statutes, sections 245A.06 and 245A.07. A. Right to Request Reconsideration If you believe any of the citations are in error, you have the right to request that the Commissioner of Human Services reconsider the parts of the Correction Order that you believe to be in error. The request for reconsideration must be in writing and received by the Commissioner within 20 calendar days after receipt of this report. Your request for reconsideration must be sent to: Commissioner, Department of Human Services ATTN: Legal Unit Licensing Division PO Box 64953 St. Paul, MN 55164-0242 Please note that a request for reconsideration does not stay any provisions or requirements of the Correction Order. The Commissioner’s disposition of a request for reconsideration is final and not subject to appeal under Minnesota Statutes, chapter 14. If you have any questions regarding this Correction Order, please contact me as soon as possible. Lacey Walsvik, HCBS Licensor Licensing Division Office of Inspector General 651-431-3667
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