Even though the committee that reviews complaints may agree that an administrator did not deal fairly, appropriately, or courteously with a resident or member of a resident’s family in some situation that has been brought to their attention, the committee’s reaction alone is not just cause to act against the license of an administrator. The board can take action to discipline a licensee only if:
“The licensee accepts the action and enters into a stipulation and consent order with the board, or the board can show, by a preponderance of evidence, that the licensee violated some specific law or regulation that the board is empowered to enforce.”
For BELTSS, that means that the licensee must be found to have violated one of the provisions specified in board rule 6400. 6900. To begin the complaint review process, the Board requires a written statement of the complaint.
If you or a loved one are experiencing a problem with care provided in a Minnesota skilled nursing facility (nursing home) or assisted living facility, you may need guidance on how to get the problem resolved. We understand that for most their priority is finding a solution quickly that will improve/ensure the resident(s) care and well-being. BELTSS recommends concerned individuals and/residents First, talk with the staff and the facility leadership directly. The licensed person in charge of the facility is public information; you can find their name in The Minnesota Department of Health's (MDH) Health Care Provider Directory available online. BELTSS also recommends that you consider taking the matter to resident or family council of your facility (if it has one)you ; if joint action may provide an answer.
Unfortunately, if your issue still goes unresolved, could be affecting many other residents and/or may be mishandled by the facility's management and/or staff you may need to take more formal actions. BELTSS recommends you consider filing a formal complaint against the individuals/organization, you feel are responsible for the problem. Who you need to file a complain against dictates what your option and resources are.
If a problem affecting an individual or group of residents cannot be resolved with staff, you may want on behalf of an affected individual or group of residents to contact the Office of Ombudsman for Older Minnesotans. This is an advocacy agency with ten regional offices around the state that negotiate and/or mediate disputes between residents or their families and the management of long-term care facilities to bring about positive change for residents. If the facility resident (s) resides in the metro area, call 612-854-7360. If the facility resident (s) resides outside the metro area, call 1-800-657-3591.
If you suspect that a resident(s) or any other venerable(s) adult may be subject to maltreatment you should file a report with the Minnesota Adult Abuse Reporting Center. MAARC can be contacted by phone at 1-844-880-1574; their phone line is open 24 hours a day, seven days a week.Minnesota encourages good faith reporting of suspected maltreatment of vulnerable adults by any person. Information contained in reports of suspected maltreatment of a vulnerable adult made to MAARC is confidential under Minnesota law. If you make a report, your identity is confidential and cannot be released without a court order. MAARC also cannot provide information about a report to anyone, including the reporter, once a report is completed. There are different parts of the law cover how information in the report can be shared based on the allegations, but the identity of the reporter remains protected no matter what.
If you believe your complaint should be filed against the facility itself then you will need to contact Minnesota Department of Health's Office of Health Facility Complaints (OHFC). To file a complaint(s) about incidents at facilities located in the metro area call 651-215-8713; to file a complaint about a facility located in the greater Minnesota area you must call 1-800-369-7994.This office has jurisdiction of facilities and the authority to investigate complaints about facilities . The office is also in charge of issuing disciplinary actions and/or assess monetary fines against facilities for violations of state or federal regulations pertaining to long term care facilities and their residence.
To begin the complaint review process, the Board requires a written statement of the complaint. Your identity as a complainant will be considered confidential by law and would be divulged to the respondent( the subject of the complaint) with your consent. You not legally required to provide any information to the Board. However, the BELTSS Standards of Practice Committee will not take action to resolve a complaint if the complaint is not received in writing or you refuse to sign your written complaint. If the complaint filed does not contain your contact information the Board office will be incapable of communicating with you directly and will not, we be able to inform you of the results of your complaint. The BELTSS Standards of Practice Committee (SOPC) will be evaluate all submitted evidence and documentation to determine whether the matter a) under BELTSS jurisdiction and b), justifies the Board’s initiation of disciplinary action against the BELTSS licensed professional(s) named in the complaint. All information provided in written complaints , any response from the licensed person(s), and obtained in any investigation authorized by the Board is considered evidence.
Please refer to the BELTSS Complaint Filing Process section of this website for detailed steps.
Ombudsman for Older Minnesotans: http://mn.gov/dhs/people-we- serve/seniors/services/ombudsman/
MAARC: Minnesota Adult Abuse Reporting Center: https://mn.gov/dhs/people-we-serve/adults/services/adult-protection/
Nursing Home Report Card: https://nhreportcard.dhs.mn.gov/
Office of Health Facility Complaints: https://www.health.state.mn.us/facilities/regulation/ohfc/
Centers for Medicare and Medicaid Services (CMS): https://www.cms.gov/
Medicare - Compare Nursing Homes: https://www.medicare.gov/care-compare/?providerType=NursingHome&redirect=true
Minnesota Dept. of Health - Nursing and Boarding Care Home Survey Inspection Findings : https://www.health.state.mn.us/facilities/regulation/directory/surveyfindings.html
Office of the Attorney General : https://www.ag.state.mn.us/
The Minnesota Department of Health's (MDH) Health Care Provider Directory: https://www.health.state.mn.us/facilities/regulation/directory/providerselect.html
