Orchards of Minnetonka

Survey completed July 21, 2023: 5 correction orders

• Tag 480: 144G.41 Subd 1 (13) (i) (B) Minimum requirements Level 2, widespread scope, scope/level letter F · correction period: Twenty-one (21) days
  Details

  Summary: MDH found the licensee failed to ensure food was prepared according to the Minnesota Food Code.

  MDH’s finding, as written: “Based on observation, interview, and record review, the licensee failed to ensure food was prepared according to the Minnesota Food Code. This had the potential to affect all residents. [...]”

  Rule cited: “(13) offer to provide or make available at least the following services to residents: (B) food must be prepared and served according to the Minnesota Food Code, Minnesota Rules, chapter 4626; and”

• Tag 510: 144G.41 Subd. 3 Infection control program Level 2, isolated scope, scope/level letter D · correction period: Two (2) Days
  Details

  Summary: MDH found the licensee failed to establish and maintain an infection control program that complies with accepted health care, medical and nursing standards for infection control.

  MDH’s finding, as written: “Based on observation, interview, and record review, the licensee failed to establish and maintain an infection control program that complies with accepted health care, medical and nursing standards for infection control. The deficient practice had the potential to affect residents, employees, and visitors. [...]”

  Rule cited: “(a) All assisted living facilities must establish and maintain an infection control program that complies with accepted health care, medical, and nursing standards for infection control. [...]”

• Tag 810: 144G.45 Subd. 2 (b)-(f) Fire protection and physical environment Level 2, widespread scope, scope/level letter F · correction period: Twenty-one (21) days
  Details

  Summary: MDH found the licensee failed to provide a maintained fire safety and evacuation plan that showed the location and number of resident rooms.

  MDH’s finding, as written: “Based on observation, interview, and record review, the licensee failed to provide a maintained fire safety and evacuation plan that showed the location and number of resident rooms. This had the potential to affect all staff, residents, and visitors. [...]”

  Rule cited: “(b) Each assisted living facility shall develop and maintain fire safety and evacuation plans. [...]”

• Tag 1880: 144G.71 Subd. 19 Storage of medications Level 2, widespread scope, scope/level letter F · correction period: Seven (7) days
  Details

  Summary: MDH found the licensee failed to ensure prescription medications were securely locked in a substantially constructed compartment and permitted only authorized personnel to have access.

  MDH’s finding, as written: “Based on observation, interview, and record review, the licensee failed to ensure prescription medications were securely locked in a substantially constructed compartment and permitted only authorized personnel to have access. This had the potential to affect all the residents in the facility that lived in the secured memory care unit. [...]”

  Rule cited: “An assisted living facility must store all prescription medications in securely locked and substantially constructed compartments according to the manufacturer's directions and permit only authorized personnel to have access.”

• Tag 2410: 144G.91 Subd. 13 Personal and treatment privacy Level 2, widespread scope, scope/level letter F · correction period: Seven (7) days
  Details

  Summary: MDH found the licensee failed to ensure privacy was maintained for one of one resident (R3) observed during medication and treatment administration.

  MDH’s finding, as written: “Based on observation, interview, and record review, the licensee failed to ensure privacy was maintained for one of one resident (R3) observed during medication and treatment administration. [...]”

  Rule cited: “(a) Residents have the right to consideration of their privacy, individuality, and cultural identity as related to their social, religious, and psychological well-being. [...]”

From MDH’s letter: no immediate fines.

Allegation, as written: “The alleged perpetrator (AP) sexually abused the resident when the AP hugged and touched the resident inappropriately.”

“The Minnesota Department of Health determined abuse was inconclusive.”

Summary: MDH looked into an allegation and found: abuse inconclusive.

MDH’s conclusion, as written: “The Minnesota Department of Health determined abuse was inconclusive. The AP was observed on video engaged in an extended hug with the resident. However, the video footage was obscured, and there was a 4-minute block of time that was not recorded. The AP denied inappropriate physical contact beyond hugging, and no DNA evidence was collected when the resident visited the hospital. The resident was unable to be interviewed due to advanced dementia. It could not be determined if sexual contact occurred between the resident and the AP.”

Action taken by facility: “The facility completed an internal investigation. The AP was suspended pending results of the investigation.”

Action taken by MDH: “No further action taken at this time.”

Survey completed March 11, 2025: no correction orders issued.

Allegation, as written: “The facility neglected the resident when the facility failed to ensure staff used appropriate precautions when transferring and repositioning the resident. The resident sustained a fractured femur (upper leg bone).”

“The Minnesota Department of Health determined neglect was inconclusive.”

Summary: MDH looked into an allegation and found: neglect inconclusive.

MDH’s conclusion, as written: “The Minnesota Department of Health determined neglect was inconclusive. Staff found the resident with unexplained bruising and swelling to her right leg and an x-ray confirmed a break to her femur. Medical reports from the resident's hospitalization indicated a traumatic force might have caused the break, however the resident's bones were "considerably demineralized" (the loss of minerals that make up bone structure). Staff members from shifts prior to or during the time of discovery stated they did not know how or when the injury occurred. It could not be determined how the residents fracture occurred.”

Action taken by facility: “Facility conducted an internal investigation of the incident.”

Action taken by MDH: “No further action taken at this time.”

Survey completed May 30, 2024: no correction orders issued.