Minnesota: How to File a Nursing Home Complaint and Protect Your Loved Ones

Protecting our loved ones in nursing homes is a top priority. This guide aims to simplify the complexities of dealing with nursing home issues, focusing on how to spot signs of abuse or neglect and what steps to take next. We break down the essentials: recognizing the signs, documenting evidence, and how to file a nursing home complaint in Minnesota. The information is available to empower you with the knowledge to act confidently on behalf of your family members, ensuring their safety and well-being.

Recognizing Signs of Nursing Home Abuse in Minnesota

Nursing home abuse can manifest in various forms, all detrimental to a resident’s well-being. Family members should be vigilant and learn to recognize the warning signs:

• Physical Abuse: Look for unexplained bruises, cuts, or injuries, and behaviors indicating fear around caregivers.
•  Emotional Abuse: Changes in behavior, such as withdrawal or depression, can signal emotional mistreatment.
•  Sexual Abuse: Be alert to physical signs like bruises around private areas or sudden behavioral changes.
•  Neglect: Signs include poor hygiene, pressure ulcers or bedsores, malnutrition, dehydration, and untreated medical conditions.
•  Financial Exploitation: Unexplained financial transactions or missing personal items may indicate exploitation.

Documenting and Reporting

If you suspect abuse, document the signs and conditions you encounter.

Documentation that may be helpful for an investigation or an attorney include:

1. Photographs of physical injuries and the conditions in which they occurred.
2.  Notes on the events that led up to the abuse and corresponding dates
3.  Medical records, especially those of any hospital or other health visits related to the injuries.
4.  Contact information for possible witnesses of the abuse or neglect

Minnesota’s Legal Framework

The legal procedures for addressing nursing home complaints vary by state. Our guide provides an overview of Minnesota’s complaint process. However, consulting with a nursing home attorney can offer personalized legal advice tailored to your situation. An attorney can explain your rights, help you navigate complex legal issues, and ensure the strongest possible case for your loved one. Victims may be entitled to compensation for injuries or wrongful death resulting from abuse or neglect in a long-term care facility.

The Nursing Home Complaint Process in Minnesota

What Does a State Survey Agency Do?

State Survey Agencies work to ensure the quality and safety of healthcare and long-term care services within a state. These agencies, often part of the state’s health department, inspect healthcare facilities like hospitals, nursing homes, and daycare centers for adults to ensure they meet federal and state standards. Their tasks include

• conducting surveys or inspections,
• investigating complaints related to healthcare facilities and
• taking enforcement actions when necessary.

State Survey Agencies help protect the health and well-being of residents and patients by regularly inspecting and responding to complaints. They ensure they receive safe, quality care. Additionally, these agencies often inform the public about the performance and quality of healthcare facilities in their state, aiding families in making informed decisions about care services.

Reporting Options in Minnesota

Reporting Abuse

If you suspect any form of maltreatment of a vulnerable adult, such as physical or emotional abuse, sexual abuse, unreasonable confinement, neglect, or financial exploitation, take immediate action:

• Call the Minnesota Adult Abuse Reporting Center (MAARC): To report suspected maltreatment, dial 1-844-880-1574 (toll-free). Provide as much detail as possible, including the location, names of individuals involved, and a description of the suspected abuse.
• Online Information: Visit the Minnesota Adult Abuse Reporting Center website for more resources and guidance on the reporting process.

Reporting Other Concerns

For issues not directly related to maltreatment, such as rights violations, inadequate care, violations of licensing standards, or problems related to discharge/termination of services, contact the Office of Health Facility Complaints (OHFC):

• Email: Send your complaints and concerns to the OHFC at health.ohfc-complaints@state.mn.us. When emailing, describe your concern in as much detail as possible to facilitate a thorough review and investigation.

Types of Complaints Investigated by the MAARC

The MAARC takes resident safety seriously and investigates a wide range of nursing home concerns, including:

• Abuse: Intentionally causing injury, unfairly confining someone, frightening, or punishing them in a way that leads to physical hurt, discomfort, or emotional suffering. Abuse covers all forms of harm, whether it’s through words, sexual acts, physical actions, or emotional manipulation, including the use of technology to carry out the abuse.
•  Neglect: A failure to give the care or services needed to keep a resident safe from physical injury, discomfort, or emotional upset. Sometimes, people neglect others on purpose, and other times, they do it without meaning.
•  Exploitation: When someone uses manipulation, intimidation, or force to take advantage of a resident for their benefit.
•  Misappropriation: Intentionally placing, using, or taking advantage of a resident’s possessions or money without their permission.

Information to Prepare When Filing a Complaint with the MAARC

When you’re ready to file a complaint, prepare detailed information to provide to the survey agency. Remember to include the following details:

Who

• The victim’s name and address.
•   The name of the facility and the names of those in charge of the victim’s care.
•   The name of the person you suspect of committing the abuse, neglect, or exploitation.

 What

• Describe the type and severity of harm, including any physical evidence of abuse or neglect.
•   Note any past incidents that might be related.
•   Provide a detailed account of what you observed. If you have permission from the resident, include photographs of any visible injuries or conditions that support your claim.

 Where & When

• Specify where and when the incident occurred to give a clear context for the investigation.

This information will help authorities to understand and promptly investigate your complaint thoroughly.

What to Do After Filing a Complaint?

Staying proactive after filing a complaint will help address the issue. First, check in with the resident and the facility to verify that the neglect or abuse has ceased. Next, contact the investigator or agency handling your case and request written summaries of their findings if the law permits. 

If a state survey agency substantiates the findings or a court finds a nurse aide or licensed staff member guilty of abusing a resident, the information must be reported to the State nurse aide registry or the State licensing board. Care providers who have faced disciplinary action should not be employed or allowed to volunteer at the facility.

Additional Resources in Minnesota

Contacting the Long-Term Care Ombudsman Program

What is an Ombudsman?

An ombudsman advocates for people in nursing homes, assisted living facilities, and adult family care homes. Generally, Long Term Care Ombudsman Programs provide trained volunteers who work with residents and their family members to communicate concerns and resolve problems by providing advocacy, support, education, and empowerment. The offices offer services at no cost to the resident or their family. Many ombudsman offices also receive and investigate complaints on behalf of nursing home residents and their families. They serve as a voice for residents in ensuring that the facility meets mandated legal standards for every person receiving long-term care services. 

Contact Information for the Minnesota Office of Ombudsman for Long-Term Care

• The Minnesota Office of Ombudsman for Long-Term Care Website
• By Phone:
  • Toll-Free: 1-800-657-3591
  • Local: 651-431-2555
  • Calls will be routed regionally to ensure you’re connected with the appropriate resources.
  • For TDD/TTY users: Dial 711 to access telecommunications relay services.
• By Email:
  • Send your inquiries or concerns to MBA.OOLTC@state.mn.us. If you’re a provider needing to send notices, please specify your request for appropriate instructions.
• By Fax:
  • Fax any documents or notices to 651-431-7452. Providers should follow specific instructions for faxing notices to OOLTC.
• By Mail:
  • Address your correspondence to:Office of Ombudsman for Long-Term Care
    P.O. Box 64971
    St. Paul, MN 55164-0971

The OOLTC also provides access to interpreter services through Language Line Solutions to ensure that all Minnesotans have the support they need, regardless of language barriers. Please request these services in advance if needed.