Violation of Resident Rights in Minnesota Nursing Home


Minnesota Nursing Home Resident Rights and Bill of Rights

Minnesota Nursing Home Resident Rights and Bill of Rights

Nursing Homes Have A Duty to Comply with State and Federal Resident Rights Laws

As a nursing home resident in Minnesota, you have explicit resident rights that protect you during your stay in the health care facility. These legal rights are outlined in the many pages below.  If a nursing home violates these rights, then it is important that you report them and then contact a nursing home abuse lawyer right away.

Minnesota Nursing Home Resident Rights

In summary there are 28 different resident rights outlined in the Minnesota Nursing Home Residents Bill of Rights. These are outlined below:

  • The right to information about your rights
  • The right to courteous treatment
  • The right to appropriate healthcare
  • The right to the physicians identity, including his name, business, address and telephone number
  • The right to know who is providing services to you (relationship with other health care services)
  • The right to have information about your treatments
  • The right to refuse treatment or care
  • The right to participate in the planning of your health care.
  • The right to continuity of care by regular and familiar staff people
  • The right to refuse experimental research
  • The right to be free from harm, including abuse, neglect and financial exploitation
  • The right to respect and privacy related to your medical and personal care
  • The right to confidentiality of records
  • The right to disclosure of services available
  • The right to prompt and reasonable responsive service to questions and requests
  • The right to personal privacy
  • The right to make grievances and complaints
  • The right to communicate privately with anyone you choose
  • The right to personal property
  • The right to choose to participate in services for the facility
  • The right to choose a supplier
  • The right to control your own financial affairs
  • The right to associate with anyone
  • The right to participate in family and resident councils
  • The right to privacy for married residents
  • The right to appeal any arbitrary transfer or discharge
  • The right to protection and advocacy services
  • The right to consent to the use of a physical restraint

Violations of Residents Rights

If any of these resident rights are violated, whether once, or on a regular basis, it is important that this illegal action is reported. These rights are put in place under the Minnesota law and any violations should not go unnoticed. Minnesota Statute 144A.13 provides protections for residents who complain about care related issues. Vulnerable adults deserve the utmost quality of care and if they are not receiving this care, report suspicions of elder abuse and neglect.

Here are the state and federal nursing home residents rights in greater detail:

Federal Health Care Bill of Resident Rights

42 CFR § 483.1 Basis and scope.

(a) Statutory basis. (1) Sections 1819 (a), (b), (c), and (d) of the Act provide that—

(i) Skilled nursing facilities participating in Medicare must meet certain specified requirements; and

(ii) The Secretary may impose additional requirements (see section 1819(d)(4)(B)) if they are necessary for the health and safety of individuals to whom services are furnished in the facilities.

(2) Section 1861(l) of the Act requires the facility to have in effect a transfer agreement with a hospital.

(3) Sections 1919 (a), (b), (c), and (d) of the Act provide that nursing facilities participating in Medicaid must meet certain specific requirements.

(b) Scope. The provisions of this part contain the requirements that an institution must meet in order to qualify to participate as a SNF in the Medicare program, and as a nursing facility in the Medicaid program.  They serve as the basis for survey activities for the purpose of determining whether a facility meets the requirements for participation in Medicare and Medicaid.

Reporting Nursing Home Abuse and Neglect

Federal Nursing Home Resident Right Regulations

Rights for Nursing Home Residents

Updated Nursing Home Bill of Rights

Contact Us For a Free Consultation

An experienced elder abuse and neglect attorney can help those with concerns over resident rights.  If you feel that you, or your loved one’s rights are being ignored and that the Minnesota Nursing Home Bill of Rights or other rights is being compromised, contact Kenneth LaBore locally at 612-743-9048 or call his toll free number at 1-888-452-6589 or fill out the form on this page or email Ken at: KLaBore@MNnursinghomeneglect.com.

Disclaimer


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