• Nursing Home
o High Level of Care
o Low to Medium Level of Resident Autonomy
o Full supportive and nursing services for non-acute patients

• Residential Facilities
o Low to High Level of Care
o Medium to High Level of Resident Autonomy
o Supportive and/or health-related services are provided in a residential setting generally accommodating 4-20 people, not in a larger apartment-style facility nor the senior’s own home
o Licensure varies widely as to the services offered from “Class A” (high to low care) to “adult foster care” (high to medium care)
o May or may not be registered as “Housing with Services” facility, depending on type of facility or services offered
o May or may not be considered “Assisted Living” facilities, depending on if the requirements of § 144G are met
o Examples: Adult Foster Care; Supervised Living Facility; Memory Care

• Housing with Services Establishments
o Low to Medium Level of Care (unless increased services brought in by resident)
o Medium to High Level of Senior Autonomy
o Supportive and/or health-related services are provided in an apartment-style setting or a residential setting, not the senior’s own home
o Licensure varies widely as to the services offered from “Class F” (high to low care) to “adult foster care” (medium to high care)
o May or may not be considered “Assisted Living” facilities, depending on if the requirements of § 144G are met

• Home Care
o Low to High Level of Care
o Medium to High Level of Senior Autonomy
o Supportive and/or health-related services brought into the senior’s own home
o Personal Care Provider Organizations (PCPO) or Agencies (PCA) may provide personal care attendants

• Adult Day Services
o High to Low Level of Care
o Medium to High Level of Senior Autonomy
o Coordinated social, health, and nutritional services offered at an off-site location for the day only, not in the senior’s home, residential setting, or apartment-style setting
o Licensure may be for “adult day services” at an off-site location or for “family adult day services” in the operator’s own home

• Independent Housing
o No to Low Level of Care (unless increased services brought in by resident)
o High Level of Senior Autonomy
o May be apartment-style or residential setting
o Some meals may be provided if no individual kitchen
o Some social services may be provided such as activities and transportation
o Some facilities may offer very low level supportive and/or health-related services (i.e. medication reminder)
o Other names:
 “Board & Lodging” since management provides room & board only and generally does not arrange for supportive or health-related services for the residents. “Board & Lodge with Special Services” may provide minimum care such as assistance with medication.
 “Active Living” to reference the type of resident for which the facility is designed, one that is generally autonomous enough to maintain an active lifestyle

• FUTURE: Older Adults Community Consortiums
o Beginning July 1, 2009, the DHS, MDH and MN Dept of Housing Finance shall jointly implement a demonstration project for older adult services to shift care from nursing facilities to home-based alternatives as appropriate
o The project is intended to:
 Ensure consumer access to a continuum of older adult services
 Create an adequate supply of affordable home-based alternatives
 Establish performance targets for care throughout the continuum
 Support the management of complex conditions through greater coordination

This website is not intended to provide legal advice as each situation is different and specific factual information must be obtained before an attorney is able to assess the legal questions relevant to your situation.
If you or a loved one has suffered an injury or abuse in a nursing home or other care facility that serves the elderly in Minnesota , please contact our firm for a free consultation and information regarding the obligations of the facility and your rights as a resident or concerned family member. To contact attorney Kenneth LaBore, directly please send an email to klabore@prslegal.com, or call Ken at 612-767-7503.

Additional Resources Regarding Selecting a Nursing Home

• Federal Government
o Centers for Medicare and Medicaid Services - http://www.cms.hhs.gov/
o Medicare - http://www.medicare.gov/
 “Nursing Home Compare” - http://www.medicare.gov/NHCompare (provides comprehensive data on each nursing home; operated by the federal government)
o Eldercare Locator (helps find local agencies to assist in getting services) - http://www.eldercare.gov/Eldercare.NET/Public/Home.aspx
o National Clearinghouse for Long Term Care - http://www.longtermcare.gov/LTC/Main_Site/index.aspx (provides comprehensive information to consumers about planning for long term care)

• State Government
o Minnesota Department of Health – www.health.state.mn.us
 Minnesota Department of Health Compliance Monitoring Division website for a directory of MDH licensed and registered facilities - www.health.state.mn.us/divs/fpc/directory/fpcdir.html (i.e. nursing home, housing with services establishments, home care provider licenses)
 “Nursing Home Selection”- http://www.health.state.mn.us/nhreportcard/ (searches for nursing homes based on the criteria most important to consumer; website co-sponsored by Minnesota’s DHS and MDH departments)
o Minnesota Department of Human Services – www.dhs.state.mn.us
 Minnesota Department of Human Services Licensing Lookup for a directory of DHS licensed facilities - http://licensinglookup.dhs.state.mn.us/ (i.e. Adult Foster Care, Adult Day Services, Residential Homes)
 Minnesota Help Info Line (featuring the Long-Term Care Choices Navigator & other resources; sponsored by DHS & MN Board on Aging) – http://www.minnesotahelp.info/public/
• Long Term Care choices - http://longtermcarechoices.minnesotahelp.info/ (guides user through a process of selecting a long term care option based on various factors)
o Minnesota Board on Aging (Advocate, Advisor, Administrator; including Ombudsman) - http://www.mnaging.org/
o Metropolitan Area Agency on Aging - http://www.tcaging.org/index.html;
 Senior LinkAge Line (Finding community services) – http://www.tcaging.org/findinghelp/sll.html; 1-800-333-2433
o Minnesota Attorney General
 Landlord & tenant rights for Rental Housing - http://www.ag.state.mn.us/Consumer/housing/lt/default.asp
 Various Senior topics - http://www.ag.state.mn.us/Consumer/Seniors/Default.asp
o Legal Aid offices
 www.lawhelpmn.org

This website is not intended to provide legal advice as each situation is different and specific factual information must be obtained before an attorney is able to assess the legal questions relevant to your situation.
If you or a loved one has suffered an injury or abuse in a nursing home or other care facility that serves the elderly in Minnesota, please contact our firm for a free consultation and information regarding the obligations of the facility and your rights as a resident or concerned family member. To contact attorney Kenneth LaBore, directly please send an email to klabore@prslegal.com, or call Ken at 612-767-7503.

When selecting a nursing home or other long term care facility, consult additional resources to make an informed choice. The following are resources available to view various pieces of information by provider; by consumer priorities; by health care condition; and by local agency:

• “Nursing Home Compare” - http://www.medicare.gov/NHCompare (provides comprehensive data on each nursing home; operated by the federal government)
• “Nursing Home Selection”- http://www.health.state.mn.us/nhreportcard/ (searches for nursing homes based on the criteria most important to consumer; website co-sponsored by Minnesota’s DHS and MDH departments)
• “Nursing Facility Rates and Policy Division” information through the DHS available at: http://www.dhs.state.mn.us/main/idcplg?IdcService=GET_DYNAMIC_CONVERSION&RevisionSelectionMethod=LatestReleased&dDocName=id_000268 (information on nursing homes by county, city, and provider name, plus other resources)
• Minnesota Help Info - http://longtermcarechoices.minnesotahelp.info/ (guides user through a process of selecting a long term care option based on various factors)
• Minnesota Health Scores - http://www.mnhealthscores.org/?p=home (allows a search based on medical condition)
• Long Term Care Living (Consumer information on nursing home and assisted living providers) - http://www.longtermcareliving.com/
• Eldercare Locator - http://www.eldercare.gov/Eldercare.NET/Public/Home.aspx (helps find local agencies to assist in getting services)
TIP: Do Your Homework. Not all facilities are equal. Consult the following resources to find survey, complaint and investigation information on facilities prior to choosing a care provider:
• Investigation of Complaints by the MDH at: http://www.health.state.mn.us/divs/fpc/directory/surveyapp/provcompselect.cfm
• “Medicare Certified Home Health Agency Survey Information” periodically conducted by MDH at: http://www.health.state.mn.us/divs/fpc/directory/hhasurveyoutput.cfm
• “Assisted Living Reviews” periodically conducted by MDH at: http://www.health.state.mn.us/divs/fpc/profinfo/cms/als/alsreviewresults.html
• “Class A” Home Care Provider Survey results conducted by MDH at: http://www.health.state.mn.us/divs/fpc/directory/hhasurveyoutput.cfm
• “Class F” Home Care Provider Survey results conducted by MDH at: http://www.health.state.mn.us/divs/fpc/profinfo/cms/alhcp/alhcpsurveyresults.htm
• Contact the MDH Compliance Monitoring Division to request a summary report of deficiencies found during surveys from the Centers for Medicare and Medicaid Services (CMS) Online Survey Certification and Reporting System (OSCAR), called “Oscar Reports” at:

o Minnesota Department of Health - Compliance Monitoring Division
P.O. Box 64900
St. Paul, Minnesota 55164-0900

• “Annual Quality Improvement Report on the Nursing Home Survey Process” at: http://www.health.state.mn.us/divs/fpc/2007QINHreport.pdf

This website is not intended to provide legal advice as each situation is different and specific factual information must be obtained before an attorney is able to assess the legal questions relevant to your situation.
If you or a loved one has suffered an injury or abuse in a nursing home or other care facility that serves the elderly in Minnesota, please contact our firm for a free consultation and information regarding the obligations of the facility and your rights as a resident or concerned family member. To contact attorney Kenneth LaBore, directly please send an email to klabore@prslegal.com, or call Ken at 612-767-7503.

Selecting a Nursing Home in Minnesota
Make Informed Choices. Ask questions and gather information before entering into an agreement with a housing or care provider to help ensure a good fit, such as:
• Assess your health needs now and over the next ten years
• Ask the provider how they will assist you in securing additional services as your health needs progress
• Assess your desired level of autonomy
• Remember that in any facility, you may bring in your own services, if the facility does not offer certain services to meet your needs
• Determine what license or registration the provider holds (often posted at a facility) and investigate any surveys or complaints on the facility (see “TIP” on page 5)
• Ask about the process to give feedback and make complaints and how the provider responds
• Ask whether the provider has a “resident advisory” or “family” council, which allows residents and family members to receive education and discuss concerns (see “TIP” on page 26)
• Determine cost of stay and source of payments, such as Medicare or Medical Assistance, and the implications of receiving certain payments (see “Payment Information” on page 24)
• Ask for a copy of the admissions, housing and/or services contract to review prior to entering into an agreement with the provider or program
• Determine who should be responsible for your financial and health decisions, including whether a health care directive or power of attorney is desired or necessary
• Determine who should sign an admission agreement and what duties arise for the signor
• Consider all factors, including family considerations, geography, special health needs, and the senior’s wishes, including a desire to not have services
Visit the nursing home or provider at feeding and bedtime to see how staff interacts with residents.

This website is not intended to provide legal advice as each situation is different and specific factual information must be obtained before an attorney is able to assess the legal questions relevant to your situation.
If you or a loved one has suffered an injury or abuse in a nursing home or other care facility that serves the elderly in Minnesota , please contact our firm for a free consultation and information regarding the obligations of the facility and your rights as a resident or concerned family member. To contact attorney Kenneth LaBore, directly please send an email to klabore@prslegal.com, or call Ken at 612-767-7503.

Here is an overview of the types of providers of Elder Care in Minnesota

 OVERVIEW OF MINNESOTA’S ELDER CARE SYSTEM Main Government Agencies – Four main agencies regulate senior care in Minnesota.  First, the Federal Government Health and Human Services Department, under the Centers for Medicare and Medicaid Services (CMS), regulates facilities taking Medicare and Medicaid payments, such as nursing homes.  Second, the Minnesota Department of Health (MDH) works in conjunction with CMS to survey nursing home facilities and ensure Medicare/Medicaid facilities comply with federal and state law.  The MDH also provides state licenses and registrations for many senior care options including nursing homes, boarding care homes, home care providers (Class A, B, C, and F licenses), housing with services registration, home management registration, and board and lodging.  Third, the Minnesota Department of Human Services (DHS) works in conjunction with CMS to make Medicare/Medicaid payments.  The DHS also grants licenses to certain senior care options such as adult foster care, adult day services, and residential homes for mentally and physically impaired individuals.  The DHS works in conjunction with the MDH to provide background checks on potential employees of senior care facilities.  Finally, the Minnesota Department of Veterans Affairs (MDVA) oversees the operation of Veterans Homes in Minnesota. 

This website is not intended to provide legal advice as each situation is different and specific factual information must be obtained before an attorney is able to assess the legal questions relevant to your situation.

If you or a loved one has suffered an injury or abuse in a nursing home or other care facility that serves the elderly in Minnesota , please contact our firm for a free consultation and information regarding the obligations of the facility and your rights as a resident or concerned family member.   To contact attorney Kenneth LaBore, directly please send an email to klabore@prslegal.com, or call Ken at 612-767-7503.

Nursing home worker in Grand Rapids cited for neglect

According to a story by:
By: News Tribune, Duluth News Tribune
A worker at a Grand Rapids nursing home was found to have neglected a resident who fell March 9, causing an elbow fracture and hip bruise.
An employee at Evergreen Terrace was responsible for the neglect by failing to follow proper procedures, a report by the Minnesota Department of Health said. The employee was suspended and then fired, the report said.
The employee was taking the resident to the bathroom without a transfer belt and with only one staff member instead of two, in violation of the resident’s care plan, the report said. The employee had twice been disciplined before, according to the state. For the rest of the story see: Nursing home worker in Grand Rapids cited for neglect

As an attorney that handles abuse and neglect cases, I see many easily prevented injuries, including fall injuries. Most falls occur due to improper interventions of lack of adequate safety interventions. Unfortunately, I also see cases where the care plan is not followed and a resident is transferred with inadequate staff or improper equipment. These falls are more than simple neglect since they often are the result of insufficient staffing levels in the facility and poor training.

This website is not intended to provide legal advice as each situation is different and specific factual information must be obtained before an attorney is able to assess the legal questions relevant to your situation.
If you or a loved one has suffered an injury or abuse in a nursing home or other care facility that serves the elderly in Minnesota , please contact our firm for a free consultation and information regarding the obligations of the facility and your rights as a resident or concerned family member. To contact attorney Kenneth LaBore, directly please send an email to klabore@prslegal.com, or call Ken at 612-767-7503.

According to a Star Tribune article written by Lora Pabst:

Hopkins police are investigating whether a man charged with sexually assaulting a fellow resident of a senior apartment building might also have assaulted other male residents of the building.  Thomas Whitfield, 57, was charged in Hennepin County District Court Thursday with fifth-degree criminal sexual conduct in connection with the assault Tuesday at the Hopkins Village Apartments near downtown Hopkins.  According to the criminal complaint, Whitfield was visiting an 82-year-old man in his apartment. The man was sitting in a chair when Whitfield walked over and began to perform a sex act on him.  For the rest of the story see: Hopkins Man, 82,  Reports Sexual Abuse.

This website is not intended to provide legal advice as each situation is different and specific factual information must be obtained before an attorney is able to assess the legal questions relevant to your situation.

If you or a loved one has suffered an injury or abuse in a nursing home or other care facility that serves the elderly in Minnesota , please contact our firm for a free consultation and information regarding the obligations of the facility and your rights as a resident or concerned family member.   To contact attorney Kenneth LaBore, directly please send an email to klabore@prslegal.com, or call Ken at 612-767-7503.