Minnesota law provides its nursing home residents with a comprehensive Residents’ Bill of Rights. The Minnesota Department of Health issues a document that combines the Federal and, even more protective, Minnesota list of rights. Please click here to access the complete list in several languages. The following is an overview of some of the most important rights state and Federal law guarantee you and your loved ones.

 

 

When a person is admitted to a nursing home facility, the new resident must be informed of his/her rights. A resident must be allowed to exercise these rights without the fear of reprisal, interference or discrimination. At all times, residents have a privacy right which encompasses everything about the resident personally, including mail, telephone calls and visitors, as well as the right to privacy regarding medical care. The nursing home’s staff must knock before entering a resident’s room. The nursing home must also explain what Medicare and Medicaid do and do not cover.

 

 

A nursing home facility must provide care in a manner and environment that at the very least allows residents to maintain, if not enhance, their quality of life, dignity, and self-determination. Residents also have the right to participate in resident groups and to receive services that accommodate their needs when reasonable and safe. Minnesota law also gives residents the right to private personal care and hygiene. 

 

Federal and state laws require each nursing home to “care for its residents in such a manner and in such an environment as will promote maintenance or enhancement of the quality of life of each resident.” This emphasis of this law is the dignity, choice, and self-determination for residents. In addition, federal and state laws require each nursing home to “provide services and activities to attain or maintain the highest practicable physical, mental, and psychosocial well-being of each resident in accordance with a written plan of care which…is initially prepared, with participation to the extent practicable, of the resident, the resident’s family, or legal representative.” In other words, the law requires that a resident should not decline in health or well-being as a result of the way a nursing home provides care.

 

 

Residents have the right to proper medical and personal care based on each resident’s own needs. Every nursing home resident has a right to good care. To honor this right, nursing homes must assess and plan care to support each resident’s needs, interests and strengths. To do so, the nursing home must gather details about the resident’s health and medical condition and evaluate how well a resident can take care of himself or herself. These details include evaluating the resident’s activities of daily living (ADLs) and assessing the resident’s functional abilities, such as vision, hearing, communication, comprehension, and memory. The nursing home must evaluate the resident’s ability to walk, eat, dress, and bathe.  

 

As part of the assessment process, the nursing home must determine if the resident is at risk of harm. For example, the nursing home must assess whether the resident at risk of developing a pressure sore, falling, or developing infection, among other risks. 

 

The law requires nursing homes to complete this assessment within 14 days of the resident’s admission to a nursing home (or 7 days for Medicare residents) and at least once a year after that.  The nursing home must review the assessment at least once every three months, or sooner if the resident’s condition changes.

 

After the nursing home completes the assessment, the nursing home must analyze the details and develop a plan of care that addresses all the resident’s needs and concerns. The nursing home must complete the initial care plan within seven days after the assessment. Like the assessment, the care plan is critical to the resident’s health and safety. The care plan is the nursing home’s strategy for directing the staff to meet the resident’s needs. Nursing homes must review the resident’s care plan regularly to ensure that it is effective. The nursing home must revise the care plan as the resident’s needs change.

 

The nursing home also has a duty to ensure that prompt access to needed emergency medical services is provided. When injury occurs, the nursing home has a duty to notify the resident’s physician immediately and to notify the resident’s legal representative or an interested family member promptly of the accident or condition that has the potential of injury to the resident. 

 

Minnesota law also provides nursing home residents with the right to seek treatment from doctors outside of the facility and the right to see a doctor on a regular basis. Residents have the right to choose their own doctor. Residents also have several rights where it comes to being informed. Residents have the right to view their records. Residents can get information about their treatment and residents or their legal guardian if necessary have a say in planning future treatment. The nursing home must notify a resident (or the resident’s legal guardian) and the resident’s physician, of any changes in the resident’s condition.

 

 

Nursing homes cannot physically or chemically restrain a resident unless it is an emergency, the resident’s doctor has said it is necessary to protect the resident and others, or the resident requests it.

 

Residents have the right to not be abused in any way. If you suspect that a nursing home resident has been abused, neglected or injured, bring your concerns to the attention of the nursing home’s administration or management. By law, the nursing home must respond to complaints without retaliating against you or your loved one. The nursing home’s staff must investigate any complaints of abuse or injuries that have unknown causes.

 

The State of Minnesota warns that “prompt action is vital” and that “Consumers of health care services have a responsibility to promote the highest quality of care.” The State advises that: “If you witness a suspected violation of health department regulations, patient and residents' rights or the MN Vulnerable Adults Protection Act (physical or mental abuse, neglect, or unexplained injury) call the Office of Health Facility Complaints (OHFC).”

 

You can contact the Office of Health Facility Complaints during working hours at 651-201-4201 or toll free at 800-369-7994, or by e-mail.