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    Subdivision 1. Statement of rights. A person who receives home care services has these
(1) the right to receive written information about rights in advance of receiving care or
during the initial evaluation visit before the initiation of treatment, including what to do if rights
are violated;
(2) the right to receive care and services according to a suitable and up-to-date plan, and
subject to accepted medical or nursing standards, to take an active part in creating and changing
the plan and evaluating care and services;
(3) the right to be told in advance of receiving care about the services that will be provided,
the disciplines that will furnish care, the frequency of visits proposed to be furnished, other
choices that are available, and the consequences of these choices including the consequences
of refusing these services;
(4) the right to be told in advance of any change in the plan of care and to take an active
part in any change;
(5) the right to refuse services or treatment;
(6) the right to know, in advance, any limits to the services available from a provider, and the
provider's grounds for a termination of services;
(7) the right to know in advance of receiving care whether the services are covered by health
insurance, medical assistance, or other health programs, the charges for services that will not be
covered by Medicare, and the charges that the individual may have to pay;
(8) the right to know what the charges are for services, no matter who will be paying the bill;
(9) the right to know that there may be other services available in the community, including
other home care services and providers, and to know where to go for information about these
(10) the right to choose freely among available providers and to change providers after
services have begun, within the limits of health insurance, medical assistance, or other health
(11) the right to have personal, financial, and medical information kept private, and to be
advised of the provider's policies and procedures regarding disclosure of such information;
(12) the right to be allowed access to records and written information from records in
accordance with section 144.335;
(13) the right to be served by people who are properly trained and competent to perform
their duties;
(14) the right to be treated with courtesy and respect, and to have the patient's property
treated with respect;
(15) the right to be free from physical and verbal abuse;
(16) the right to reasonable, advance notice of changes in services or charges, including at
least ten days' advance notice of the termination of a service by a provider, except in cases where:
(i) the recipient of services engages in conduct that alters the conditions of employment
as specified in the employment contract between the home care provider and the individual
providing home care services, or creates an abusive or unsafe work environment for the individual
providing home care services; or
(ii) an emergency for the informal caregiver or a significant change in the recipient's
condition has resulted in service needs that exceed the current service provider agreement and that
cannot be safely met by the home care provider;
(17) the right to a coordinated transfer when there will be a change in the provider of services;
(18) the right to voice grievances regarding treatment or care that is, or fails to be, furnished,
or regarding the lack of courtesy or respect to the patient or the patient's property;
(19) the right to know how to contact an individual associated with the provider who is
responsible for handling problems and to have the provider investigate and attempt to resolve
the grievance or complaint;
(20) the right to know the name and address of the state or county agency to contact for
additional information or assistance; and
(21) the right to assert these rights personally, or have them asserted by the patient's family
or guardian when the patient has been judged incompetent, without retaliation.
    Subd. 2. Interpretation and enforcement of rights. These rights are established for the
benefit of persons who receive home care services. "Home care services" means home care
services as defined in section 144A.43, subdivision 3. A home care provider may not require a
person to surrender these rights as a condition of receiving services. A guardian or conservator
or, when there is no guardian or conservator, a designated person, may seek to enforce these
rights. This statement of rights does not replace or diminish other rights and liberties that may
exist relative to persons receiving home care services, persons providing home care services, or
providers licensed under Laws 1987, chapter 378. A copy of these rights must be provided to an
individual at the time home care services are initiated. The copy shall also contain the address and
phone number of the Office of Health Facility Complaints and the Office of the Ombudsman for
Older Minnesotans and a brief statement describing how to file a complaint with these offices.
Information about how to contact the Office of the Ombudsman for Older Minnesotans shall be
included in notices of change in client fees and in notices where home care providers initiate
transfer or discontinuation of services.
History: 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

Official Publication of the State of Minnesota
Revisor of Statutes