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As a home health care client you have the following rights as specified by the state of Minnesota under the Minnesota Home Care Bill of Rights: PER MINNESOTA STATUTES, SECTION 144A.44. TO BE USED BY ALL LICENSED ONLY HOME CARE PROVIDERS. A person who receives home care services has these rights:
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.
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.
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.
The right to be told in advance, of any changes in the plan of care and to take an active part in any changes; and
The right to refuse services or treatment.
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.
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.
The right to know what the charges are for services, no matter who will be paying the bill.
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 services.
The right to choose freely among available providers
and to change providers after services have begun, within limits of health insurance, medical assistance, or other health programs.
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.
The right to be allowed access to records and written information from records in accordance with section 144.335.
The right to be served by people who are properly trained and competent to perform their duties.
The right to be treated with courtesy and respect, and to have the patient’s property treated with respect.
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 10 day’s 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.
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;
The right to a coordinated transfer when there will be a change in the provider of services.
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.
The right to know the name and address of the state or county agency to contact for additional information or assistance.
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. IF YOU HAVE A COMPLAINT ABOUT THE AGENCY OR PERSON PROVIDING YOU HOME CARE SERVICES, YOU MAY CALL, WRITE, OR VISIT THE OFFICE OF HEALTH FACILITY COMPLAINTS, MINNESOTA DEPARTMENT OF HEALTH. YOU MAY ALSO CONTACT THE OMBUDSMAN FOR LONG-TERM CARE. Office of Health Facility Complaints (651) 201-4201 1-800- 369-7994 Fax: (651) 281-9796 Mailing Address: Minnesota Department of Health Office of Health Facility Complaints 85 East Seventh Place, Suite 300 P.O. Box 64970 St. Paul, Minnesota 55164-0970 Ombudsman for Long-Term Care (651) 431-2555 1-800-657-3591 Fax: (651) 431-7452 Mailing Address: Home Care Ombudsman Ombudsman for Long-Term Care PO Box 64971 St. Paul, MN 55164-0971 Licensee Name: Telephone Number: Address: Name/Title of Person to Whom Problems or Complaints May be directed: July 1, 2007 Page 3 For informational purposes only and is not required in the Home Care Bill of Rights text: MN Statutes, section 144A.44 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 Long-Term Care and a brief statement describing how to file a complaint with these offices. Information about how to contact the Office of the Ombudsman for Long-Term Care shall be included in notices of change in client fees and in notices where home care providers initiate transfer or discontinuation of services.
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