2007 Minnesota Statutes

144A.751 HOSPICE BILL OF RIGHTS.
    Subdivision 1. Statement of rights. An individual who receives hospice care has the right to:
(1) receive written information about rights in advance of receiving hospice care or during
the initial evaluation visit before the initiation of hospice care, including what to do if rights
are violated;
(2) receive care and services according to a suitable hospice plan of care and subject to
accepted hospice care standards and to take an active part in creating and changing the plan
and evaluating care and services;
(3) 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 consequence of these choices, including the consequences of refusing
these services;
(4) be told in advance, whenever possible, of any change in the hospice plan of care and to
take an active part in any change;
(5) refuse services or treatment;
(6) know, in advance, any limits to the services available from a provider, and the provider's
grounds for a termination of services;
(7) know in advance of receiving care whether the hospice services may be covered by
health insurance, medical assistance, Medicare, or other health programs in which the individual
is enrolled;
(8) receive, upon request, a good faith estimate of the reimbursement the provider expects to
receive from the health plan company in which the individual is enrolled. A good faith estimate
must also be made available at the request of an individual who is not enrolled in a health plan
company. This payment information does not constitute a legally binding estimate of the cost
of services;
(9) know that there may be other services available in the community, including other
end of life services and other hospice providers, and know where to go for information about
these services;
(10) choose freely among available providers and change providers after services have begun,
within the limits of health insurance, medical assistance, Medicare, or other health programs;
(11) have personal, financial, and medical information kept private and be advised of the
provider's policies and procedures regarding disclosure of such information;
(12) be allowed access to records and written information from records according to sections
144.291 to 144.298;
(13) be served by people who are properly trained and competent to perform their duties;
(14) be treated with courtesy and respect and to have the patient's property treated with
respect;
(15) 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;
(16) be free from physical and verbal abuse;
(17) 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
between the hospice provider and the individual providing hospice services, or creates an abusive
or unsafe work environment for the individual providing hospice services;
(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 hospice provider; or
(iii) the recipient is no longer certified as terminally ill;
(18) a coordinated transfer when there will be a change in the provider of services;
(19) 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) know the name and address of the state or county agency to contact for additional
information or assistance;
(21) assert these rights personally, or have them asserted by the hospice patient's family when
the patient has been judged incompetent, without retaliation; and
(22) have pain and symptoms managed to the patient's desired level of comfort.
    Subd. 2. Interpretation and enforcement of rights. The rights under this section are
established for the benefit of individuals who receive hospice care. A hospice provider may not
require a person to surrender these rights as a condition of receiving hospice care. 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 hospice care, persons providing hospice care, or hospice
providers licensed under section 144A.753.
    Subd. 3. Disclosure. A copy of these rights must be provided to an individual at the time
hospice care is initiated. The copy shall contain the address and telephone number of the Office
of Health Facility Complaints and the Office of Ombudsman for Long-Term Care and a brief
statement describing how to file a complaint with these offices. Information about how to contact
the Office of Ombudsman for Long-Term Care shall be included in notices of change in provider
fees and in notices where hospice providers initiate transfer or discontinuation of services.
History: 2002 c 252 s 14,24; 2005 c 122 s 1,2; 2007 c 147 art 7 s 75; art 10 s 15