Archive for the ‘Department of Health Complaint’ Category


Definition of “Neglect” and Nursing Home Neglect

Written By: Kenneth LaBore | Published On: 8th January 2017 | Category: Caregivers Resources, Department of Health Complaint, Nursing Home Abuse and Neglect, Nursing Home Care Issues | RSS Feed
Minnesota Nursing Home Neglect Definition From The Vulnerable Adults Act

Minnesota Nursing Home Neglect Definition From The Vulnerable Adults Act

Nursing Home Neglect Definition

According to the National Adult Protective Services Association, NAPSA, “neglect” is described as:

  • Physical neglect: includes failing to attend to a person’s medical, hygienic, nutrition and dietary needs, such as dispensing medications, changing bandages, bathing, grooming, dressing, or failure to provide ample food to maintain health.
  • Emotional neglect: includes causing emotional pain, distress or anguish by ignoring, belittling or infantilizing the needs of adults. This includes neglecting or discounting the emotional well being of others, as well as actions to isolate adults from visits or contact by family and friends.
  • Abandonment: involves deserting the caregiving needs of an individual while neglecting to arrange sufficient care and support for the duration of the absence.
  • Financial neglect: involves disregarding a person’s financial obligations such as failing to pay rent or mortgage, medical insurance or invoices, utility and garbage bills, property taxes and assessments.
  • Self-neglect: involves seniors or adults with disabilities who fail to meet their own essential physical, psychological or social needs, which threatens their health, safety and well-being. This includes failure to provide adequate food, clothing, shelter and health care for one’s own needs

Nursing homes are considered mandated reporters and must protect vulnerable adults and file complaints and reports when alleged abuse and neglect.  Pursuant to the Minnesota Vulnerable Adults Act, Minnesota Statute 626.5772, Subd. 17., “neglect” means:

(a) The failure or omission by a caregiver to supply a vulnerable adult with care or services, including but not limited to, food, clothing, shelter, health care, or supervision which is:

(1) reasonable and necessary to obtain or maintain the vulnerable adult’s physical or mental health or safety, considering the physical and mental capacity or dysfunction of the vulnerable adult; and

(2) which is not the result of an accident or therapeutic conduct.

(b) The absence or likelihood of absence of care or services, including but not limited to, food, clothing, shelter, health care, or supervision necessary to maintain the physical and mental health of the vulnerable adult which a reasonable person would deem essential to obtain or maintain the vulnerable adult’s health, safety, or comfort considering the physical or mental capacity or dysfunction of the vulnerable adult.

(c) For purposes of this section, a vulnerable adult is not neglected for the sole reason that:

(1) the vulnerable adult or a person with authority to make health care decisions for the vulnerable adult under sections 144.651, 144A.44, chapter 145B, 145C, or 252A, or sections 253B.03 or 524.5-101 to 524.5-502, refuses consent or withdraws consent, consistent with that authority and within the boundary of reasonable medical practice, to any therapeutic conduct, including any care, service, or procedure to diagnose, maintain, or treat the physical or mental condition of the vulnerable adult, or, where permitted under law, to provide nutrition and hydration parenterally or through intubation; this paragraph does not enlarge or diminish rights otherwise held under law by:

(i) a vulnerable adult or a person acting on behalf of a vulnerable adult, including an involved family member, to consent to or refuse consent for therapeutic conduct; or

(ii) a caregiver to offer or provide or refuse to offer or provide therapeutic conduct; or

(2) the vulnerable adult, a person with authority to make health care decisions for the vulnerable adult, or a caregiver in good faith selects and depends upon spiritual means or prayer for treatment or care of disease or remedial care of the vulnerable adult in lieu of medical care, provided that this is consistent with the prior practice or belief of the vulnerable adult or with the expressed intentions of the vulnerable adult;

(3) the vulnerable adult, who is not impaired in judgment or capacity by mental or emotional dysfunction or undue influence, engages in consensual sexual contact with:

(i) a person including a facility staff person when a consensual sexual personal relationship existed prior to the caregiving relationship; or

(ii) a personal care attendant, regardless of whether the consensual sexual personal relationship existed prior to the caregiving relationship; or

(4) an individual makes an error in the provision of therapeutic conduct to a vulnerable adult which does not result in injury or harm which reasonably requires medical or mental health care; or

(5) an individual makes an error in the provision of therapeutic conduct to a vulnerable adult that results in injury or harm, which reasonably requires the care of a physician, and:

(i) the necessary care is provided in a timely fashion as dictated by the condition of the vulnerable adult;

(ii) if after receiving care, the health status of the vulnerable adult can be reasonably expected, as determined by the attending physician, to be restored to the vulnerable adult’s preexisting condition;

(iii) the error is not part of a pattern of errors by the individual;

(iv) if in a facility, the error is immediately reported as required under section 626.557, and recorded internally in the facility;

(v) if in a facility, the facility identifies and takes corrective action and implements measures designed to reduce the risk of further occurrence of this error and similar errors; and

(vi) if in a facility, the actions required under items (iv) and (v) are sufficiently documented for review and evaluation by the facility and any applicable licensing, certification, and ombudsman agency.

(d) Nothing in this definition requires a caregiver, if regulated, to provide services in excess of those required by the caregiver’s license, certification, registration, or other regulation.

(e) If the findings of an investigation by a lead investigative agency result in a determination of substantiated maltreatment for the sole reason that the actions required of a facility under paragraph (c), clause (5), item (iv), (v), or (vi), were not taken, then the facility is subject to a correction order. An individual will not be found to have neglected or maltreated the vulnerable adult based solely on the facility’s not having taken the actions required under paragraph (c), clause (5), item (iv), (v), or (vi). This must not alter the lead investigative agency’s determination of mitigating factors under section 626.557, subdivision 9c, paragraph (c).

Click here for the definition of elder abuse in the vulnerable adults act.

If you have any questions about reporting concerns or any type of nursing home abuse or neglect call Attorney Kenneth LaBore for a free consultation at 612-743-9048 or by email at KLaBore@MNnursinghomeneglect.com.

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Nursing Home Health Facility Complaints

Written By: Kenneth LaBore | Published On: 5th January 2017 | Category: Assisted Living Care Issues, Caregivers Resources, Department of Health Complaint, Nursing Home Abuse and Neglect, Nursing Home Care Issues, Patient Rights | RSS Feed
Nursing Home Complaints Minnesota Department of Health

Nursing Home Complaints Minnesota Department of Health

Minnesota Department of Health Facility Complaints

Allegations of physical and sexual abuse as well as neglect are investigated administratively by the Minnesota Department of Health, Office of Health Facility Complaints, (OHFC).   They conduct onsite investigations, review records, speak with staff members and resident and his/her family.  The OHFC does not review every complaint and therefore they are not all addressed on their website.  The determine on the concerns that are investigated include, unsubstantiated, inconclusive and substantiated.   The goal is a substantiated complaint which will usually require a root cause analysis and internal investigation and new policies and procedure which are then trained to the nursing home care staff.

View Resolved Minnesota Department of Health Complaints

To search the MDH website by type of result, such as “substantiated” as well as by the type of provider, city, county or provider name.

According to Minnesota Administrative Rule 4658.0015, COMPLIANCE WITH REGULATIONS AND STANDARDS.
A nursing home must operate and provide services in compliance with all applicable federal, state, and local laws, regulations, and codes, and with accepted professional standards and principles that apply to professionals providing services in a nursing home.

Contacting the Office of Health Facilities Complaints

The Office of Health Facility Complaints (OHFC) serves the general public. Complaints, questions, or concerns must relate to licensed facilities:

  • Hospitals
  • Nursing homes
  • Boarding care homes
  • Supervised living facilities
  • Assisted living
  • Home health agencies

For questions about complaints, call 651-201-4200 or 1-800-369-7994. For all other OHFC inquiries, call 651-201-4201.

OHFC can help patients and residents to enforce their rights.

OHFC does not charge for its services.

Resident Rights to Contact OHFC

According to Minnesota Statute 144A.13, COMPLAINTS; RESIDENT’S RIGHTS, Subdivision 1. Processing, all matters relating to the operation of a nursing home which are the subject of a written complaint from a resident and which are received by a controlling person or employee of the nursing home shall be delivered to the facility’s administrator for evaluation and action. Failure of the administrator within seven days of its receipt to resolve the complaint, or alternatively, the failure of the administrator to make a reply within seven days after its receipt to the complaining resident stating that the complaint did not constitute a valid objection to the nursing home’s operations, shall be a violation of section 144A.10. If a complaint directly involves the activities of a nursing home administrator, the complaint shall be resolved in accordance with this section by a person, other than the administrator, duly authorized by the nursing home to investigate the complaint and implement any necessary corrective measures.

Subd. 2. Resident’s rights. The administrator of a nursing home shall inform each resident in writing at the time of admission of the right to complain to the administrator about facility accommodations and services. A notice of the right to complain shall be posted in the nursing home. The administrator shall also inform each resident of the right to complain to the commissioner of health. No controlling person or employee of a nursing home shall retaliate in any way against a complaining nursing home resident and no nursing home resident may be denied any right available to the resident under chapter 504B.

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.

See resolved substantiated complaints, special focus facility initiative lists and other information on this website at the “facilities” page which is updated regularly.

If you have concerns about elder abuse or neglect contact Minnesota Attorney Kenneth LaBore at 612-743-9048 or toll free at 1-888-452-6589 or by email at KLaBore@MNnursinghomeneglect.com.

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Families Want Voices Heard in Nursing Home Complaint Inquiries

Written By: Kenneth LaBore | Published On: 27th March 2013 | Category: Admission and Discharge Issues, Department of Health Complaint, Facilities - Nursing Homes | RSS Feed
Minnesota Department of Health MDH, Needs to Carefully Investigate Each Nursing Home Complaint

Minnesota Department of Health MDH, Needs to Carefully Investigate Each Nursing Home Complaint

Each Nursing Home Complaint Needs to Be Investigated Thoroughly

A state agency is taking care of the nursing home complaint of relatives who say that investigations of care facilities and nursing homes have been giving them no information.  In one case, a woman received a letter in 2011 from state health investigators that said her mother had had a stroke at an assisted-living facility and died. She then wondered if they even reviewed the nursing home complaint / case.

The woman said she was never formally interviewed by investigators, even when they found her mother convulsing from the severe stroke. No one was ever in any sort of trouble over the incident and she says that investigators didn’t seem too concerned when she tried to bring some information to their attention.

Now this woman has been on a mission to make the state agency even stricter toward health care facilities and to give the public some say so in matters involving their loved ones.

The woman feels that the agencies do not see the families as reliable sources of information. Instead, she feels that the agencies look at the facilities as the only sources of information. This has made the state Health Department and the Office of Health Facility Complaints targets because they regulate the more than 2,000 facilities in the states. They have received over 12,000 complaints every year and about 1,000 of them are investigated. One in four of these facilities are found to have committed violations.

For the updated information from the MDH report click here

A victory was scored in February when it was acknowledged by state health officials that a policy changed needed to be made to make sure families had a part in state investigations. New policy requires investigators to interview the relatives of vulnerable adults involved in care facility complaints. This allows the agencies to communicate with the families and to make sure they receive copies of completed investigations.

The new policy has been applauded because it is said that the investigators do “fall short’ at times when making sure they have collected all of the information they need. It is also said that staff resources are at play rather than a bias toward the care industry or the facility. However, the care industry has been reported as saying that they don’t believe the state agencies are keeping their interests in mind. They don’t believe they have been overly friendly as has been reported by patient family members because they are subject to so many investigations.

The problem, however, has been that information has been omitted in investigations when they have been done. This has something to do with shortened public reports due to a policy change a number of years ago. The policy change was put in place to limit the amount of time investigators had to spend doing paperwork, which made the reports easier to read. In recent months, even the dates of incidents have been omitted in order to keep the information from the media and to also keep them from contacting the families of people who have been injured in care facilities.

To contact Attorney Kenneth L. LaBore, directly please send an email to: KLaBore@MNnursinghomeneglect.com, or call Ken at 612-743-9048 or toll free at 1-888-452-6589.

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Nursing Home Abuse and Neglect Lawyer Kenneth LaBore Offers Free Consultations and Serves Clients Throughout the State of Minnesota Call Toll Free at 1-888-452-6589

Nursing Home Abuse and Neglect Lawyer Kenneth LaBore Offers Free Consultations and Serves Clients Throughout the State of Minnesota Call Toll Free at 1-888-452-6589

 

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