Protections for Nursing Home Residents
According to Minnesota Statute § 144.651 the Health Care Bill of Rights aka Nursing Home Bill of Rights – Minn. Stat. § 144.651, these are the main rights for residents in a care facility:
- To be treated with courtesy and respect (Subd. 5)
- To receive care that meets individual needs, limited by the availability of private or public funds to pay for the care (Subd. 6)
- To receive information from the physician about diagnosis and treatment, in lay terms, according to the physician’s duty to disclose (Subd. 9)
- To participate in planning of the resident’s health care (Subd. 10)
- To not be arbitrarily transferred or discharged (Subd. 29)
- Patients and residents shall be free from maltreatment as defined in the Vulnerable Adults Protection Act. “Maltreatment” means conduct described in section 626.5572, subdivision 15, or the intentional and nontherapeutic infliction of physical pain or injury, or any persistent course of conduct intended to produce mental or emotional distress. Every patient and resident shall also be free from nontherapeutic chemical and physical restraints, except in fully documented emergencies, or as authorized in writing after examination by a patient’s or resident’s physician for a specified and limited period of time, and only when necessary to protect the resident from self-injury or injury to others.
Resident Must Receive Appropriate Health Care
According to Minnesota Statute §144.651 the Health Care aka Nursing Home Bill of Rights – Minn. Stat. § 144.651, Subd. 6. Appropriate health care. Patients and residents shall have the right to appropriate medical and personal care based on individual needs. Appropriate care for residents means care designed to enable residents to achieve their highest level of physical and mental functioning. This right is limited where the service is not reimbursable by public or private resources.
Nursing Home Rights – Freedom from Pain or Injury
Subd. 14. Freedom from maltreatment. Patients and residents shall be free from maltreatment as defined in the Vulnerable Adults Protection Act. “Maltreatment” means conduct described in section 626.5572, subdivision 15, or the intentional and nontherapeutic infliction of physical pain or injury, or any persistent course of conduct intended to produce mental or emotional distress.
Every patient and resident shall also be free from nontherapeutic chemical and physical restraints, except in fully documented emergencies, or as authorized in writing after examination by a patient’s or resident’s physician, advanced practice registered nurse, or physician assistant for a specified and limited period of time, and only when necessary to protect the resident from self-injury or injury to others.
Enforcement of Maltreatment Violations
Enforcement – The resident or a guardian, on the resident’s behalf, may seek enforcement of the rights through administrative agencies or the district court (Subd. 1).
Resident Rights – Nursing Home Bill of Rights – Report Abuse
For more information from the Minnesota Department of Health, Office of Health Facility Complaints concerning nursing homes, assisted living and other elder care providers view resolved complaints at the MDH website.
Contact an Experienced Attorney
If you have concerns about any form of elder abuse or neglect contact Minnesota Elder Abuse Attorney Kenneth LaBore toll free at 612-743-9048 or toll free at 1-888-452-6589 or by email at KLaBore@MNnursinghomeneglect.com.
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