COVID-19: MN Call to Action

As a practicing elder law attorney, I have clients that are in "lock down" at facilities because of COVID-19. Some are in assisted living facilities (ALF), some are in skilled nursing facilities (SNF), and others are in senior housing with (outside) services.

For those that are in ALF or reside in senior housing with services are contacting me and saying they are being denied care from their normal outside home health care providers. Some are going without care for activities of daily living, like bathing, or have no medication management because the housing coordinators at their facilities are not allowing in visitors or outside care providers. Facilities that provide their own contracted in-home care are forcing residents to use their providers, and are not allowing in the resident's own contracted care providers, claiming they may do so under Walz's Executive Order 20-20 (shelter in place) or by referencing the Centers for Medicare and Medicaid Services (CMS) Guidance Memo.

Other facilities are evicting residents for non-payment during this time -- which is egregious considering there are restrictions on evictions right now for "normal" housing!

I encourage you to reach out to your legislators, representatives, and Governor Walz to have him amend his Executive Orders (20-14 and 20-20). Here are some talking points to help you push for the amendments. We would like clarification so that:

1) Executive Order 20-14 specifically be amended to suspend evictions and service terminations in nursing homes and assisted living settings;

2) assisted living clients have the right to a service provider of their choosing, such as under Minn. Stat. 144A.44, subd. 9, including to supplement and/or supplant assisted living services provided by the facility, and under what process for proper infection control similar to current assisted living staff;

3) residents and their loved ones may conduct virtual visits and monitoring including the right to place a camera;

4) in-person visits in situations of compassionate care are allowable and under what process for proper infection control measures; and

5) there is transparency of information related to which nursing homes have confirmed cases of the CoVid-19 in order for their loved ones to make informed decisions, supplement or increase services, and/or be mobilized to potentially transition to compassionate care visits.

Please reach out to Governor Walz and others to get these changes implemented! My clients, their families, and others are greatly affected by the denial of benefits/care and evictions right now.

If you have clients or family/friends that are experiencing issues at a care facility, contact the Office of the Ombudsman for Long-Term Care.

If there are concerns about abuse, neglect, or injury, contact the Minnesota Office of Health Facility Complaints (OHFC).

Families may wish to contact Elder Voice Family Advocates.