Subdivision 1. Statement of rights. (a) A client who receives home care services in the community or in an assisted living facility licensed under chapter 144G has these rights:
(1) receive written information, in plain language, about rights before receiving services, including what to do if rights are violated;
(2) receive care and services according to a suitable and up-to-date plan, and subject to accepted health care, medical or nursing standards and person-centered care, to take an active part in developing, modifying, and evaluating the plan and services;
(3) be told before receiving services the type and disciplines of staff who will be providing the services, the frequency of visits proposed to be furnished, other choices that are available for addressing home care needs, and the potential consequences of refusing these services;
(4) be told in advance of any recommended changes by the provider in the service plan and to take an active part in any decisions about changes to the service plan;
(5) refuse services or treatment;
(6) know, before receiving services or during the initial visit, any limits to the services available from a home care provider;
(7) be told before services are initiated what the provider charges for the services; to what extent payment may be expected from health insurance, public programs, or other sources, if known; and what charges the client may be responsible for paying;
(8) know that there may be other services available in the community, including other home care services and providers, and to know where to find information about these services;
(9) choose freely among available providers and to change providers after services have begun, within the limits of health insurance, long-term care insurance, medical assistance, other health programs, or public programs;
(10) have personal, financial, and medical information kept private, and to be advised of the provider's policies and procedures regarding disclosure of such information;
(11) access the client's own records and written information from those records in accordance with sections 144.291 to 144.298;
(12) be served by people who are properly trained and competent to perform their duties;
(13) be treated with courtesy and respect, and to have the client's property treated with respect;
(14) be free from physical and verbal abuse, neglect, financial exploitation, and all forms of maltreatment covered under the Vulnerable Adults Act and the Maltreatment of Minors Act;
(15) reasonable, advance notice of changes in services or charges;
(16) know the provider's reason for termination of services;
(17) at least ten calendar days' advance notice of the termination of a service by a home care provider, except at least 30 calendar days' advance notice of the service termination shall be given by a home care provider for services provided to a client residing in an assisted living facility as defined in section 144G.08, subdivision 7. This clause does not apply in cases where:
(i) the client engages in conduct that significantly alters the terms of the service plan with the home care provider;
(ii) the client, person who lives with the client, or others create an abusive or unsafe work environment for the person providing home care services; or
(iii) an emergency or a significant change in the client's condition has resulted in service needs that exceed the current service plan and that cannot be safely met by the home care provider;
(18) a coordinated transfer when there will be a change in the provider of services;
(19) complain to staff and others of the client's choice about services that are provided, or fail to be provided, and the lack of courtesy or respect to the client or the client's property and the right to recommend changes in policies and services, free from retaliation including the threat of termination of services;
(20) know how to contact an individual associated with the home care provider who is responsible for handling problems and to have the home care provider investigate and attempt to resolve the grievance or complaint;
(21) know the name and address of the state or county agency to contact for additional information or assistance;
(22) assert these rights personally, or have them asserted by the client's representative or by anyone on behalf of the client, without retaliation; and
(23) place an electronic monitoring device in the client's or resident's space in compliance with state requirements.
(b) When providers violate the rights in this section, they are subject to the fines and license actions in sections 144A.474, subdivision 11, and 144A.475.
(c) Providers must do all of the following:
(1) encourage and assist in the fullest possible exercise of these rights;
(2) provide the names and telephone numbers of individuals and organizations that provide advocacy and legal services for clients and residents seeking to assert their rights;
(3) make every effort to assist clients or residents in obtaining information regarding whether Medicare, medical assistance, other health programs, or public programs will pay for services;
(4) make reasonable accommodations for people who have communication disabilities, or those who speak a language other than English; and
(5) provide all information and notices in plain language and in terms the client or resident can understand.
(d) No provider may require or request a client or resident to waive any of the rights listed in this section at any time or for any reasons, including as a condition of initiating services or entering into an assisted living contract.
Subd. 2. Interpretation and enforcement of rights. These rights are established for the benefit of clients who receive home care services. All home care providers, including those exempted under section 144A.471, must comply with this section. The commissioner shall enforce this section and the home care bill of rights requirement against home care providers exempt from licensure in the same manner as for licensees. A home care provider may not request or require a client to surrender any of these rights as a condition of receiving services. This statement of rights does not replace or diminish other rights and liberties that may exist relative to clients receiving home care services, persons providing home care services, or providers licensed under sections 144A.43 to 144A.482.
1987 c 378 s 4; 1991 c 133 s 1; 1998 c 407 art 2 s 81; 1Sp2001 c 9 art 1 s 39; 2002 c 379 art 1 s 113; 2007 c 147 art 7 s 75; art 10 s 15; 2009 c 79 art 8 s 7; 2013 c 108 art 11 s 8; 2014 c 275 art 1 s 135; 2019 c 60 art 1 s 47; art 4 s 16
Structure Minnesota Statutes
Chapter 144A — Nursing Homes And Home Care
Section 144A.01 — Definitions.
Section 144A.02 — Licensure; Penalty.
Section 144A.03 — License Application.
Section 144A.031 — Consideration Of Applications.
Section 144A.04 — Qualifications For License.
Section 144A.05 — License Renewal.
Section 144A.06 — Transfer Of License Prohibited.
Section 144A.071 — Moratorium On Certification Of Nursing Home Beds.
Section 144A.073 — Exceptions To Moratorium; Review.
Section 144A.08 — Physical Standards; Penalty.
Section 144A.09 — Facilities Excluded.
Section 144A.10 — Inspection; Commissioner Of Health; Fines.
Section 144A.101 — Procedures For Federally Required Survey Process.
Section 144A.102 — Waiver From Federal Rules And Regulations; Penalties.
Section 144A.105 — Suspension Of Admissions.
Section 144A.11 — License Suspension Or Revocation; Hearing; Relicensing.
Section 144A.115 — Violations; Penalties.
Section 144A.12 — Injunctive Relief; Subpoenas.
Section 144A.13 — Complaints; Resident's Rights.
Section 144A.135 — Transfer And Discharge Appeals.
Section 144A.15 — State Receivership.
Section 144A.154 — Rate Recommendation.
Section 144A.155 — Placement Of Monitor.
Section 144A.161 — Nursing Home And Boarding Care Home Resident Relocation.
Section 144A.162 — Transfer Of Residents Within Facilities.
Section 144A.18 — Administrator's Licenses; Penalty.
Section 144A.1888 — Reuse Of Facilities.
Section 144A.19 — Board Of Executives For Long Term Services And Supports.
Section 144A.20 — Administrator Qualifications.
Section 144A.21 — Administrator And Director Licenses.
Section 144A.22 — Organization Of Board.
Section 144A.23 — Jurisdiction Of Board.
Section 144A.24 — Duties Of The Board.
Section 144A.251 — Mandatory Proceedings.
Section 144A.2511 — Costs; Penalties.
Section 144A.26 — Reciprocity With Other States And Equivalency Of Health Services Executive.
Section 144A.27 — Acting Administrators.
Section 144A.28 — Severability.
Section 144A.30 — Pets In Nursing Homes.
Section 144A.33 — Resident And Family Advisory Council Education.
Section 144A.351 — Long-term Care Services And Supports Report Required.
Section 144A.37 — Alternative Nursing Home Survey Process.
Section 144A.43 — Definitions.
Section 144A.44 — Home Care Bill Of Rights.
Section 144A.45 — Regulation Of Home Care Services.
Section 144A.47 — Information And Referral Services.
Section 144A.471 — Home Care Provider And Home Care Services.
Section 144A.472 — Home Care Provider License; Application And Renewal.
Section 144A.473 — Issuance Of Temporary License And License Renewal.
Section 144A.474 — Surveys And Investigations.
Section 144A.475 — Enforcement.
Section 144A.476 — Background Studies.
Section 144A.477 — Compliance.
Section 144A.478 — Innovation Variance.
Section 144A.479 — Home Care Provider Responsibilities; Business Operation.
Section 144A.4791 — Home Care Provider Responsibilities With Respect To Clients.
Section 144A.4792 — Medication Management.
Section 144A.4793 — Treatment And Therapy Management Services.
Section 144A.4794 — Client Record Requirements.
Section 144A.4795 — Home Care Provider Responsibilities; Staff.
Section 144A.4796 — Orientation And Annual Training Requirements.
Section 144A.4797 — Provision Of Services.
Section 144A.4798 — Disease Prevention And Infection Control.
Section 144A.4799 — Department Of Health Licensed Home Care Provider Advisory Council.
Section 144A.482 — Registration Of Home Management Providers.
Section 144A.483 — Agency Quality Improvement Program.
Section 144A.484 — Integrated Licensure; Home And Community-based Services Designation.
Section 144A.51 — Definitions.
Section 144A.52 — Office Of Health Facility Complaints.
Section 144A.53 — Director; Powers And Duties.
Section 144A.54 — Publication Of Recommendations; Reports.
Section 144A.61 — Nursing Assistant Training.
Section 144A.611 — Reimbursable Expenses For Nursing Assistant Training And Competency Evaluations.
Section 144A.62 — Resident Attendants.
Section 144A.70 — Registration Of Supplemental Nursing Services Agencies.
Section 144A.71 — Supplemental Nursing Services Agency Registration.
Section 144A.72 — Registration Requirements; Penalties.
Section 144A.73 — Complaint System.
Section 144A.74 — Maximum Charges.
Section 144A.75 — Definitions; Service Requirements.
Section 144A.751 — Hospice Bill Of Rights.
Section 144A.752 — Regulation Of Hospice Care.
Section 144A.754 — Enforcement.