Right to Voice Grievances in Nursing Home
Right to Voice Grievances – §483.10 Resident rights.
The resident has a right to voice grievances without reprisal or discrimination.
42 CFR 483.10 (8)(iii)(f) Grievances. A resident has the right to—
(1) Voice grievances without discrimination or reprisal. Such grievances include those with respect to treatment which has been furnished as well as that which has not been furnished; and
(2) Prompt efforts by the facility to resolve grievances the resident may have, including those with respect to the behavior of other residents.
Vulnerable Adults Have the Right to Voice Grievances
According to Minnesota Statute 626.5572, Subd nursing home residents are considered vulnerable adults and have protections in the law.
In Minnesota Statute 626.5572, Subd. 21.Vulnerable adult. (a) “Vulnerable adult” means any person 18 years of age or older who:
(1) is a resident or inpatient of a facility;
(2) receives services required to be licensed under chapter 245A, except that a person receiving outpatient services for treatment of chemical dependency or mental illness, or one who is served in the Minnesota sex offender program on a court-hold order for commitment, or is committed as a sexual psychopathic personality or as a sexually dangerous person under chapter 253B, is not considered a vulnerable adult unless the person meets the requirements of clause (4);
(3) receives services from a home care provider required to be licensed under sections 144A.43 to 144A.482; or from a person or organization that offers, provides, or arranges for personal care assistance services under the medical assistance program as authorized under section 256B.0625, subdivision 19a, 256B.0651, 256B.0653, 256B.0654, 256B.0659, or 256B.85; or
(4) regardless of residence or whether any type of service is received, possesses a physical or mental infirmity or other physical, mental, or emotional dysfunction:
(i) that impairs the individual’s ability to provide adequately for the individual’s own care without assistance, including the provision of food, shelter, clothing, health care, or supervision; and
(ii) because of the dysfunction or infirmity and the need for care or services, the individual has an impaired ability to protect the individual’s self from maltreatment.
(b) For purposes of this subdivision, “care or services” means care or services for the health, safety, welfare, or maintenance of an individual.
If you request any additional information please contact Attorney Kenneth LaBore at 612-743-9048.
The right to voice grievances is important, often times residents are intimidated and unsure of their right to communicate their needs and criticism of the care provided to them. The right to voice grievances allows residents the ability to address issues without the concern of retaliation.