Minnesota Waiver Bill of Rights Training (245D.04)
Minnesota's Olmstead Plan was developed to ensure that people with disabilities are living, learning, working, and enjoying life in the most integrated setting. Prevention of Abuse and Neglect is one of the topics included in the comprehensive Olmstead Plan. Prevention begins with educating people with disabilities, their families, mandated reporters and the general public about how to identify and report abuse. Abuse can be prevented by showing respect and dignity to everyone.
The Minnesota Governor's Council on Developmental Disabilities produced this package of resources around the Bill of Rights for Individuals Receiving Waver Services:
- 245D Easy Read Guide: The Guide is a simplified version of the Minnesota Statute 245D (Sec. 245D.04 MN Statues). The rights are presented in plain English with images that help to explain each of the rights.
- 245D Know Your Rights Workbook: The 245D Know Your Rights Workbook explains what each right is about and includes lessons to aid in understanding.
The Minnesota Governor's Council on Developmental Disabilities co-created, with people with disabilities, a series of skits illustrating the Bill of Rights for Individuals Receiving Waiver Services.
See Minnesota Statute 245D (Sec. 245D.04 MN Statutes) for details.
Some of these rights are similar to those described in the Supervised Living Facilities Bill of Rights Training – MN Dept. of Health
The Right to Freedom from Maltreatment
This video shows that people have the right to freedom from maltreatment. In other words, the right to live without abuse and the right to live without neglect. In this video you will see examples of maltreatment, such as emotional abuse. Emotional abuse is a regular pattern of verbal offenses, threatening, bullying, and constant criticism, as well as intimidation, and shaming. It may include excessive teasing, or name-calling.
The Right to Communication Privacy
You have the right to communicate privately with other people in writing, by telephone, and in person if you choose. You also have the right to come and go from your home. Staff should not open your mail. You have the right to write letters and send them without anyone reading or opening them. You also have the right to make and receive phone calls privately.
The Right to Courteous Treatment
You have the right to be treated with courtesy. The staff in your program are expected to treat you with courtesy and to respect you and your property. The staff should not make comments that are not respectful of you or decide what you can and cannot do.
The Right to Participate in Research or Experimental Treatment
You have the right to participate in research studies. You also have the right to say no to any research studies. Research is done to test new treatments before they are allowed for everyone else. Before you are in research studies, you have the right to be told about the treatment and any side effects. You must give permission in writing to be in a research study. Whether you give your permission to participate in research studies or not, this information must be part of your record.
The Right to Information About Your Rights
You have the right to know your rights. Your rights must be given to you in writing within five days of starting your program and then once every year afterwards. Your rights must be given to you in a language and format you can understand. Staff must keep track of when you or your representative were given a copy of your rights and when they were explained to you. The staff are required to ensure and protect your rights in the services they offer you.
The Right to Privacy
You have the right to privacy about the services and care you receive. Healthcare providers, program staff, and others must be respectful of you and your privacy when they are discussing your care. They must keep all your information confidential. This means that they should not discuss your care when or where other people are listening. You also have the right to privacy when you are being examined, when you are being treated, and when you are in the bathroom. If you need a staff member to assist you or make sure you are safe when you are working on your personal care, they must respect your privacy.
The Right to Make Complaints
You have the right to be heard and file a complaint about your program. If you feel you are being treated unfairly, you have the right to file a complaint. Your waiver program must post the complaint policy in a place that is easy to find. When asked, the staff must assist you to file a complaint.
The Right to Friends and Activities
You have the right to meet with your friends and family. You have the right to have them visit you in your home. You have the right to participate in social, religious, and political activities. The staff may not get in the way of your meetings and visits, as long as these meetings and visits are safe for you and others, and they do not affect the privacy of other people. You have the right to privacy when your family, friends, spouse, or religious advisor visit you.
The Right to Know Your Services
You have the right to participate in discussions about your services. You are entitled to have the services you receive spelled out in your support plan. You have the right to know what changes might be needed in the future, and you can refuse or stop services at any time. You also have the right to know the rules for your services and make sure any changes run smoothly. When you are getting waiver services, you have a right to know what services cost and what services are covered by insurance or government funding. You also have the right to receive services that are handled by a person who is trained.