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    Know Your Rights


    All residents in long term care facilities have rights guaranteed to them under Federal and State law. These rights exist under Federal and State law and apply to residents of facilities certified under the Medicaid or Medicare programs.

    Certain rights exist only under Minnesota law. All other rights exist under federal law and apply to residents of facilities certified under the Medicaid or Medicare programs. No facility can require a resident to waive these rights as a condition of admission or continued stay. For an in-depth review of your rights, please view the Minnesota Assisted Living Resident Bill of Rights and the Minnesota Combined Federal and State Bill of Rights for precise bill of rights language for your setting. You can also contact your regional ombudsman for assistance.

    Listed below are rights that we've highlighted and condensed into a short one-page PDF document. These are rights that you have as a resident of a long-term care facility.


    Self Determination

    You have the right to self-determination. This is the process in which a person controls their own life. The facility must promote and facilitate this right through support of your choices.

    • You have the right to choose activities, schedules (including sleeping and waking times), health care and providers of health care services.
    • You have the right to receive visitors of your choosing at the time of your choosing.
    • You have the right to engage in community life and in activities of your choice. This includes social, religious, and community activities, both inside and outside the facility.
    • You have the right to manage your own financial affairs and to control your personal resources.
    • You have the right to see an Ombudsman.

    Learn more and download a one-page recap of this right:

    Know Your Rights- Self-Determination

    Courteous Treatment

    You have the right to be treated with respect and dignity, otherwise known as "courteous treatment". This includes:

    • The right to keep and use personal possessions, including decorations, furnishings, and clothing, as space permits.
    • The right to share a room with your spouse when your spouse live in the same facility
    • The right to share a room with your roommate of choice.
    • The right to be free from physical or chemical restraints.
    • The right to receive written notice before a room change. In some cases you may be able to refuse such a transfer.

    Learn more and download a one-page recap of this right:

    Know Your Rights - Right to Respect, Dignity, and Courteous Treatment

    Voice Grievances

    You have the right to report grievances (complaints) to the facility or other office that hears grievances without fear of discrimination or retaliation.

    • Every nursing home or assisted living facility must have a grievance policy and procedure. This policy must list who in the facility is the person, sometimes called the grievance officer, who oversees the grievance process or handles the grievances.
    • Residents should be notified in person, or through a prominent posting in the facility, that they can file a grievance orally or in writing. A grievance can be filed anonymously (without sharing your name).
    • Residents should receive contact information for other entities who can take complaints or assist with the complaint such as the Minnesota Department of Health or the Office of Ombudsman for Long-Term Care.

    Learn more and download a one-page recap of this right:

    Know Your Rights - Right to Voice Grievances

    Contact Help

    You have the right to talk to staff at your facility if you need help. A facility cannot stop our discourage you from communicating with federal, state, or local officials.

    Who can help you and how to contact them:

    • Office of Ombudsman for Long-Term Care can help with problem solving with the Residents on issues of their care and services in the long term care setting. You can reach them at: 651-431-2555 or toll free at 1-800-657-3591
    • Minnesota Department of Health, Office of Health Facility can investigate violations of care and treatment standards and Resident Rights. You can reach them at 1-800-369-7994 or 651-201-4201
    • Minnesota Adult Abuse Reporting Center (MAARC) accepts reports of suspected abuse, neglect and financial exploitation 24 hours a day. Contact toll free: 1-844-880-1574
    • Office of Ombudsman for Developmental Disabilities and Mental Health can help with problem solving for residents with developmental disabilities, mental health and chemical dependency: 1-800-657-3506

    Learn more and download a one-page recap of this right:

    Know Your Rights - Right to Contact Help

    Receiving Appropriate Care and Services

    You have the right to receive services that are based on your needs. This includes:

    • Having an up-to-date service plan or care plan.
    • Receiving care from people who are properly trained to perform their duties.
    • Staffing available sufficient numbers to provide the services agreed to in your service plan.
    • Being told the type and disciplines of staff who will be providing your care and services.
    • Being informed of the frequency of visits by staff.
    • Staff being orientated to each resident and the services needed.
    • Staff having received annual training

    Learn more and download a one-page recap of this right:

    Know Your Rights - Right to Receive Appropriate Care and Services

    Dining

    Long-term care dining menus need to meet nutritional standards and include individual preferences. Meal experiences are a part of quality of life.

    If you live in a nursing home:

    • Foods and drinks must be pleasant and attractive.
    • Foods and drinks must be served at a safe and appetizing temperature.
    • Food should meet your individual needs, including equipment and utensils if you need them, or assistance as needed.
    • There must be enough staff who have skills and abilities to help with your dietary needs.

    If you live in an assisted living:

    • Menus must be prepared one week in advance and made available to you. If changes to the menu occur, you must be informed in advance.
    • Assisted Living communities cannot require you pay for meals you don’t want as part of a contract.

    Learn more and download a one-page recap of this right:

    Know Your Rights - Dining

    Meaningful Activities

    You have the right to attend and participate in meaningful activities.

    If you live in a nursing home, you have the right to:

    • Meet with or receive visits at any time from any person.
    • Activities based on your interests, strengths and needs.
    • Participate in programs that are designed to meet the physical, mental, and psychological well-being of each resident, as determined by the comprehensive resident assessment and comprehensive plan of care.
    • Participate in the planning and development of the activity program.
    • Sufficient staff that must be assigned to assist with the implementation of the activity as determined by the needs of the residents and the nursing home.

    If you live in an assisted living, you have the right to:

    • Meet with or receive visits at any time from any person.
    • Engage in community life and in activities of your choice.
    • Participate in commercial, religious, social, community, and political activities without interference, if the activities do not infringe on the rights of others.
    • Partake in a daily program of social and recreational activities that are based upon individual and group interests, physical, mental, and psychosocial needs.
    • Space for outdoor activities

    Learn more and download a one-page recap of this right:

    Know Your Rights - Meaningful Activities

    Privacy

    You have the right to personal privacy and confidentiality.

    • You have the right to private communication in person, online, or by postal mail. This includes notebooks, tablets, mail, email, and phone calls.
    • Your mail should be unopened when given to you without interference.
    • Personal and medical records are to be kept private, as are any care discussions or consultations.
    • Cares and treatments must be delivered discreetly, respecting residents’ privacy. This means doors are shut; curtains pulled; obstructed from view during personal hygiene or cares.

    Learn more and download a one-page recap of this right:

    Know Your Rights - Privacy

    Access to Technology

    You have the right to access technology and communicate privately with the people you choose.

    • You have the right to access to a telephone to make and receive calls.
    • You have the right to access internet service at your expense.

    Types of technology include:

    • Phones
    • Tablets, laptops, and computers
    • Television
    • Cameras
    • Wearable devices such as smartwatches, health trackers, emergency alert devices.
    • Smart home devices such as "Alexa" enabled devices that include speakers and doorbells.
    • Assistive technology (adjustable beds, chairs, communication boards, video relay services, and microphones).
    • Service related apps like grocery delivery, meal prep, and medication reminders.

    Learn more and download a one-page recap of this right:

    Know Your Rights- Access to Technology

    Safe and Homelike Environment

    You have the right to a safe, clean, comfortable, and homelike environment.

    • You have the right to furnish and decorate your room with personal belongings. **(Assisted Living within the terms of the contract)
    • You have the right to choose a roommate when sharing a room.
    • Assisted Living residents have the right to have and use a lockable room door.

    For Nursing Homes Only:

    • Have available housekeeping and maintenance services available to maintain an orderly environment.
    • Private closet space in each room.
    • Adequate lighting levels.
    • Comfortable and safe temperature levels between 71-81 degrees.
    • Comfortable sound levels

    Learn more and download a one-page recap of this right:

    Know Your Rights- Safe & Homelike Environment

    Voting

    You have the right to vote.

    You may have special opportunities to vote at your facility or via agent delivery of a ballot. You also have the right to receive support from others to cast your ballot as long as you can communicate your own choices.

    Learn more and download a one-page recap of this right:

    Know Your Rights- Voting

    Electronic Monitoring

    You have the right to install an electronic monitoring device in your room or apartment. For many residents, these devices are for safety – a way to ensure staff are treating them appropriately and a tool to communicate with friends and family.


    Where do I start?

    • Go to our Office of Ombudsman for Long-Term Care resources to learn more and access consent forms.
    • There are 4 options depending on if the resident or a representative is signing the form and if there is a roommate who may have a representative.
    • The resident must want and approve of the device being installed and
    • After the form is completed and a device is ready, share the form with the facility.

    What if I don't want to tell the facility about the device?

    • You can install and use an electronic monitoring device for up to 14 days without telling the facility.
    • If you wish to use this option, complete the appropriate resident consent form and send it to OOLTC: e.monitoring.ooltc@state.mn.us
    • FAX to 651-431-7370
    • P.O. Box 64971, St. Paul, MN 55164-0971
    • After 14 days, make sure to share the same form with the facility.

    If you have further questions about electronic monitoring, please call our office at 1-(800) 657-3591

    Learn more and download a one-page recap of this right:

    Know Your Rights- Electronic Monitoring

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