Minnesota Statutes 245D.04 — Service Recipient Rights (HCBS Services Standards)

What this rule requires your agency to do

• 1The license holder must ensure the person is free from maltreatment and free from restraint, time out, seclusion, or other prohibited procedure, except for emergency use of manual restraint under section 245D.061 or safety interventions under a positive support transition plan (subd. 3(a)(3)-(4)).(Minnesota Statutes 245D.04 — Service Recipient Rights (HCBS Services Standards))
• 2For persons in a residential site the license holder owns/leases/tenants, the license holder must ensure the enumerated residential rights (private telephone access, uncensored mail, free access to common areas and freedom to come and go, choice of visitors, three nutritionally balanced meals and snacks, freedom to access food/water, freedom to furnish the bedroom, and a clean, hazard-free setting meeting the State Fire Code) (subd. 3(b)).(Minnesota Statutes 245D.04 — Service Recipient Rights (HCBS Services Standards))
• 3Any restriction of the rights in subd. 3(a)(13)-(16) or subd. 3(b) is allowed only if necessary for the person's health, safety, and well-being, must be documented in the support plan/addendum with justification, objective conditions for ending it, a semiannual (minimum) review schedule, and signed dated approval from the person or legal representative (withdrawable at any time, restoring the right immediately) (subd. 3(c)).(Minnesota Statutes 245D.04 — Service Recipient Rights (HCBS Services Standards))
• 4The license holder must inform the person of and allow use of its grievance policy and the appeal process under section 256.045, and provide the name/contact information and website of protection and advocacy services including the appropriate ombudsman (subd. 3(a)(9)-(10)).(Minnesota Statutes 245D.04 — Service Recipient Rights (HCBS Services Standards))
• 5The license holder must provide each person or legal representative a written notice of the service recipient rights within five working days of service initiation and annually thereafter, make reasonable accommodations to convey it in other formats/languages, maintain documentation of receipt and explanation, and ensure the exercise and protection of those rights (subd. 1).(Minnesota Statutes 245D.04 — Service Recipient Rights (HCBS Services Standards))
• 6The license holder must honor service-related rights, including the person's right to participate in developing/evaluating services, refuse or terminate services, know service limits/terms/charges and insurance coverage, receive a coordinated transfer for continuity of care, and receive services from a competent, trained, and (as required) certified/licensed individual (subd. 2).(Minnesota Statutes 245D.04 — Service Recipient Rights (HCBS Services Standards))
• 7The license holder must keep personal, financial, service, health, and medical information private, advise of disclosures, and provide record access in accordance with state and federal law (subd. 3(a)(1)-(2)).(Minnesota Statutes 245D.04 — Service Recipient Rights (HCBS Services Standards))