To achieve an environment of transparency and open dialogue in your community it is important to be mindful not to retaliate against those individuals who are filing grievances or asserting their rights. You must allow the residents, employees, or those acting on their behalf to seek assistance from regulatory agencies such as ALLARD, The Office of Ombudsman for LTC, or other governmental agencies for fear of penalty by ALLARD. For more information on the prohibition of retaliation see the following regulation:
144G.92 RETALIATION PROHIBITED.
Subdivision 1.Retaliation prohibited.
A facility or agent of a facility may not retaliate against a resident or employee if the resident, employee, or any person acting on behalf of the resident:
(1) files a good faith complaint or grievance makes a good faith inquiry, or asserts any right;
(2) indicates a good faith intention to file a complaint or grievance, make an inquiry, or assert any right;
(3) files, in good faith, or indicates an intention to file a maltreatment report, whether mandatory or voluntary, under section 626.557;
(4) seeks assistance from or reports a reasonable suspicion of a crime or systemic problems or concerns to the director or manager of the facility, the Office of Ombudsman for Long-Term Care, a regulatory or other government agency, or a legal or advocacy organization;
(5) advocates or seeks advocacy assistance for necessary or improved care or services or enforcement of rights under this section or other law;
(6) takes or indicates an intention to take civil action;
(7) participates or indicates an intention to participate in any investigation or administrative or judicial proceeding;
(8) contracts or indicates an intention to contract to receive services from a service provider of the resident’s choice other than the facility; or
(9) places or indicates an intention to place a camera or electronic monitoring device in the resident’s private space as provided under section 144.6502.
Subd. 2.Retaliation against a resident.
For purposes of this section, to retaliate against a resident includes but is not limited to any of the following actions taken or threatened by a facility or an agent of the facility against a resident, or any person with a familial, personal, legal, or professional relationship with the resident:
(1) termination of a contract;
(2) any form of discrimination;
(3) restriction or prohibition of access:
(i) of the resident to the facility or visitors; or
(ii) of a family member or a person with a personal, legal, or professional relationship with the resident, to the resident, unless the restriction is the result of a court order;
(4) the imposition of involuntary seclusion or the withholding of food, care, or services;
(5) restriction of any of the rights granted to residents under state or federal law;
(6) restriction or reduction of access to or use of amenities, care, services, privileges, or living arrangements; or
(7) unauthorized removal, tampering with, or deprivation of technology, communication, or electronic monitoring devices.
Subd. 3.Retaliation against an employee.
For purposes of this section, to retaliate against an employee means any of the following actions taken or threatened by the facility or an agent of the facility against an employee:
(1) unwarranted discharge or transfer;
(2) unwarranted demotion or refusal to promote;
(3) unwarranted reduction in compensation, benefits, or privileges;
(4) the unwarranted imposition of discipline, punishment, or a sanction or penalty; or
(5) any form of unwarranted discrimination.
Subd. 4.Determination by the commissioner.
A resident may request that the commissioner determine whether the facility retaliated against a resident. If a resident demonstrates to the commissioner that the facility took any action described in subdivision 2 within 30 days of an initial action described in subdivision 1, the facility must present evidence to the commissioner of the nonretaliatory reason relied on by the facility for the facility action. Based on the evidence provided by both parties, the commissioner shall determine if retaliation occurred.
Subd. 5.Other laws.
Nothing in this section affects the rights available to a resident under section 626.557.