As a long-term caregiver, you are a crucial part of the American healthcare industry. People across Minnesota rely on certified nursing assistants, personal care workers, nurses, and other care providers for their daily needs. However, an accusation of maltreatment or neglect can permanently end your career.
If you have been disqualified from direct contact, take a deep breath and don’t panic. You have options. Forshier Law, LLC is a trusted advocate for nurses and other healthcare professionals in Minnesota and has extensive experience in maltreatment and neglect defense. Timing is crucial to any appeal so do not hesitate, call today to talk to a Minnesota nurse attorney.
What Is Considered Maltreatment and Neglect in Minnesota?
According to Minnesota law, maltreatment is defined as physical, emotional, or sexual abuse; failure to provide basic necessities, medical care, or supervision; or misuse of a vulnerable adult’s financial resources. If the Minnesota Department of Human Services (DHS) finds that you have been engaged in serious or recurring neglect or maltreatment, your career may be permanently affected.
The consequences of a maltreatment or neglect finding in Minnesota include seven years of disqualification. Disqualification prohibits you from working in roles that involve direct contact with clients in facilities licensed by the DHS which can include nursing homes, hospitals, and other healthcare facilities.
Examples of Maltreatment and Neglect
Below are two examples that illustrate how maltreatment and neglect can manifest in healthcare settings:
Failure to Provide Basic Care: If a resident refuses to eat and the caregiver doesn’t assess the situation or explore alternatives, such as offering different food options or consulting a doctor, this could be seen as neglect. Even if the caregiver did not intend harm, failing to address the refusal appropriately may lead to a maltreatment finding. Nurses must be sure to update the care plan for any changes.
Failure to Provide Adequate Supervision: If a resident walks outside and steps into the street, the caregiver could be accused of neglect, even if the resident wasn’t injured. The failure to ensure proper supervision in this situation may lead to a finding of maltreatment. Nurses must be sure to update the care plan to ensure the resident’s safety.
The Problem With Minnesota’s Maltreatment and Neglect Laws
While the laws surrounding nursing neglect and maltreatment offer crucial protections to residents, their broad definitions can lead to unfair allegations against healthcare providers.
Consider this: “Abuse resulting in serious injury” covers everything from bruises and heat exhaustion to head injuries with loss of consciousness. Abuse, under the definition given by the state, can be unintentional. If an individual is hurt and the caretaker should have been reasonably able to prevent it, it is not considered accidental. It is considered abuse.
If you dig deeper into the term, “neglect,” the same issue stands. Neglect is defined as a failure to provide the care required for an individual’s mental or physical health, protect an individual from conditions that endanger them, or provide necessary supervision. However, in many situations involving vulnerable individuals, what counts as “necessary supervision” only becomes clear in hindsight. The goal is to allow individuals to live as independently as possible, and in meeting this goal, caretakers may be accused of neglect. At any time if a nurse feels that the facility is not doing enough to provide safe care for the residents, the nurse should report the situation to the Minnesota Department of Health (MDH). Failure to ensure proper care of residents will impact the nurse if neglect is substantiated, even if it seems outside of the nurse’s control. The nurse will then be called to defend their license at the Board of Nursing.
Furthermore, findings of neglect occur even if no one is hurt, as illustrated in the example above with a resident who wandered outside. In group care settings, these situations often occur due to understaffing. This is the fault of the employer or the job market, not the care providers who are doing their best to meet the needs of their residents.
How to Appeal a Maltreatment or Neglect Disqualification in Minnesota
While disqualification has the potential to significantly impact or even end your nursing career, rest assured that you have options.
1. Request a Reconsideration
The first step is to request a reconsideration. If you can provide evidence that false information was used to disqualify you or demonstrate that the maltreatment/neglect was not severe or ongoing, you may be able to have the disqualification overturned.
To request a reconsideration, you’ll need to fill out the Request for Reconsideration form you should have received with your disqualification notice. This form should include any evidence that could demonstrate your argument, such as witness statements, written warnings, communication between you and other medical staff, medical records, or proof of mitigating circumstances. Additionally, if you have reported the situation to the MDH this will be substantial evidence in your favor.
In most cases, you only have 30 days from a disqualification notification to request a reconsideration, so it’s essential that you respond as soon as possible. Once the DHS receives your reconsideration request, they will review the evidence and your argument and respond with a Reconsideration Determination Notice. There are four primary outcomes of the notice:
- The decision is rescinded. You are absolved of the accusation entirely. The finding will be changed to unsubstantiated or inconclusive.
- The decision is affirmed. No changes are made to the original accusation.
- You receive a set aside. In this case, the determination remains, but you may work at requested facilities if it is determined that you are not “a risk of harm.”
2. Request a Fair Hearing
If the DHS does not rescind its decision or responds with an undesired outcome, you still have the option to request a fair hearing. This formal legal proceeding takes place before a state human services judge, where you can present evidence, call witnesses, and argue why the determination should be overturned. If the judge in your case rules in your favor, you will be able to resume your position in healthcare. In other cases, the judge may also grant you a set aside after you have completed a risk of harm assessment with your reconsideration request. If the judge confirms the DHS’s findings, you may still be eligible to file an appeal.
3. Request a Set Aside
While not as ideal as a full rescinding, a set aside certainly has its benefits. If your disqualification is set aside, it indicates that you do not pose a risk of harm to the population you serve. It allows you to work in one specific location, often with conditions. The disqualification still stands, however, and this prevents you from changing jobs or changing the population you work with. However, you may request a set-aside for another employer. Furthermore, determining whether or not a disqualification will be set aside can take months, during which time an individual may lose their job.
How Can a Minnesota Nurse Attorney Help?
At Forshier Law, we understand the difficult job that nurses have and we also understand that the nursing workforce has been diminished to historic levels since the COVID-19 pandemic. We don’t think it’s fair that a nurse should be penalized because they aren’t able to provide efficient care due to staffing shortages or other circumstances that are beyond their control.
If you’re facing disqualification, we encourage you to contact us for a free consultation. Our Minnesota nurse attorney can help you tackle a disqualification at every step of the process, whether you’ve just received notice of the decision or you’re hoping to file an appeal. We understand the legal complexities that come with disqualification and are dedicated to restoring the careers of nurses who were unfairly accused of maltreatment or neglect.
Maltreatment and Neglect Disqualifications: Frequently Asked Questions
Being accused of maltreatment or neglect can be scary, and you likely have many questions about the next steps. Here are a few of the most common questions we receive at our firm.
Can I work while my reconsideration is pending?
It depends. In most cases, if you are disqualified due to a maltreatment finding, you cannot work in positions requiring direct contact with vulnerable individuals while your reconsideration is pending. However, some employers may allow you to take on non-direct care roles until a final decision is made with supervision.
How long does the appeal process take?
The appeals process, at the minimum, takes at least a few weeks, but in more complicated cases, it can last several months, up to a year. This is why it’s important to contact a nurse lawyer as soon as you receive notice of an accusation or disqualification. In many cases, you will not be able to work until the final decision has been made.
What happens if I miss my reconsideration deadline?
You will be disqualified from reconsideration if you do not submit your Request for Consideration form within 30 days of receiving your disqualification notice. That being said, a nurse lawyer in Minnesota who is familiar with nursing disqualification will be able to advocate to the DHS on your behalf and demonstrate the importance of an extension.
Does a maltreatment finding affect my nursing license?
It can. Even prior to a final decision, any determination of substantiated maltreatment or neglect will result in a complaint to the Board of Nursing and you will be called to defend your license. Nurses in this situation will be defending on two fronts, with the MDH/DHS and with the Board. Nursing liability insurance will cover the legal defense of your nursing license in both scenarios. Consider purchasing professional liability insurance to protect your livelihood.
Can I work in a different healthcare role if I’m disqualified?
A disqualification restricts you from working in roles that require direct contact with vulnerable individuals in DHS and MDH-licensed facilities. However, you may be able to work in healthcare positions that do not require a background study under these agencies, such as administrative roles or private-sector healthcare jobs. Again, the terms of your disqualification matter here, and whether or not you will be allowed to work in a healthcare or related role depends on their decision. An individual who is disqualified is prohibited from working in any role, such as in the kitchen or in a custodial role in a healthcare facility.
Are You Facing Maltreatment or Neglect Allegations? Forshier Law Can Help
Regardless of the circumstances that led you to this position, this is the time to act. You have a very short window to fight a disqualification, and you need skilled legal counsel to guide you through this process. Forshier Law can help. Our extensive knowledge of how medicine and law intersect makes us an excellent resource for those facing disqualification. Call today or contact our Minnesota nurse lawyer online to discuss your case.
