Your Rights and Protection
Consumers are entitled to many important protections and guarantees related to long-term care services and support. It’s important to understand your rights and ensure all providers are held accountable to these important standards.
Do You Know Your Rights?
If you rent your home or apartment, if you are using home care or hospice services, or if you are a nursing home resident, you have rights that are guaranteed by law.
If you need assistance with regard to these rights, the Ombudsman for Long Term Care can help. Call the Ombudsman's office at 651.431.2555 or toll-free at 800.657.3591.
People who rent their apartment or room in a senior building have rights under Minnesota's Landlord-Tenant law.
- The Minnesota Attorney General's Office explains these rights in a publication, Landlords and Tenants: Rights and Responsibilities. Questions about tenant's rights can be directed to the Minnesota Attorney General's Office at 800.657.3787.
- Federal and state Fair Housing laws protect people from discrimination in housing. If you feel you have been discriminated against, you can call the U.S. Department of Housing and Urban Development toll free at 1.800.669.9777 or call the Minnesota Department of Human Rights at 1.800.657.3704; TTY 651.296.1283.
Residents of Housing with Services
People who live in buildings registered with the state as a "housing-with-services establishment"—including those with assisted living services--haves some legal protections in addition to the landlord-tenant law.
- If you are considering a move to a housing-with-services building, ask for a copy of the Uniform Consumer Information Guide. This guide includes detailed information about the amenities and services in the building, costs, and more. You can use this Guide to compare several different buildings.
- If you plan to move into a housing-with-services building, you must have a contract that addresses 17 different types of information, such as services available, fees, how to complain, how to change the contract and more. You can ask to see the contract in advance of your move and can have your family or an attorney review it with you. Be sure to get answers to any questions that you have. The contract may be called a lease or residency agreement. If you will be using home care services while living in the building, you will have a separate home care contract for those services.
- If you are seeking a memory care setting for yourself or a loved one, the program must disclose some additional information about its features and services specifically designed for dementia care. The information must also describe the training staff has received.
Home Care Services
If you are using home care services, you should have a contract with your home care provider for the services you will receive. This contract may be called a service plan or service agreement, and it will describe the services you will receive, the schedule for those services, what types of staff will provide the services, who will supervise your services, and the charges for the services.
In addition, you should have received a copy of the appropriate home care bill of rights from your home care agency. Click the options below for a copy of the appropriate Bill of Rights:
- If you are receiving services from a Medicare-certified home health agency.
- If you are receiving home care services from an agency that is not Medicare-certified and that is not providing assisted living services.
- If you are receiving home care services that are part of an assisted living program (state-licensed only providers)
- If you are receiving home care from a Medicare-certified home health agency in assisted living.
Click the options below for a copy of the appropriate Bill of Rights:
- If you are receiving services from a Medicare-certified hospice provider.
- If you are receiving services from a provider that is not Medicare-certified.
Nursing Home Residents
Click here to access the Bill of Rights for nursing home residents.
If you have a complaint about a hospital, nursing home, home care or hospice provider licensed by the Minnesota Department of Health, you can contact the Office of Health Facility Complaints at:
Office of Health Facility Complaints
P.O. Box 64970
St. Paul, MN 55164-0970
Toll Free: 1.800.369.7994