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Effective: June 1, 2011 |
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05ar3 - Client Rights (Archive) |
Archived: September 1, 2011 |
All clients have rights and responsibilities under various laws. Their rights include the right to fair treatment, to privacy and confidentiality, to information about the programs, and to information about their responsibilities. Application forms, notices, and brochures include information on client rights and responsibilities.
How to Inform Clients of Their Rights.
How to Inform Clients of Their Rights
Inform clients of their rights in writing at:
l Application.
l Renewal.
l On request.
Inform clients of their rights and responsibilities orally when appropriate and explain what will happen if they fail to carry out their responsibilities. Appropriate times to inform a client include but are not limited to:
l The client has questions.
l The client wishes to file a formal complaint or appeal.
All clients have a right to:
l Receive informational brochures describing the various assistance programs administered by DHS.
Note: Provide the DHS-3182, which describes Minnesota's health care programs, with the application.
l An explanation of all the programs, including the benefits and limitations of each.
n Provide additional information and explanation at the client’s request.
n Refer inquiries about cash assistance, child care, and Food Support to the appropriate person or office.
l An explanation of eligibility requirements for all programs.
l Review program regulations, manuals, instructions, and state plans.
Note: Assist clients in obtaining these materials upon request.
l File an application immediately.
n Explain how to file an application in person at the client’s request.
n Explain how to file a written application and the consequences of delaying filing.
l Appeal for a fair hearing through the county agency or the state agency.
l Be told that a formal application is needed to determine eligibility and exercise their right to appeal the county or state agency's decision.
l Apply or re-apply for assistance programs even if they seem to be ineligible.
l Receive prompt action or notification of delay on their application.
l Receive written notice of approval or denial of the application and reason for denial.
l Receive written notice of how the agency calculated their benefits, spenddown, or premium amount and why benefits, spenddown, or premium amount increased, decreased, or ended.
l Other services and programs offered by the county or state agency.
l Special help if needed to understand and provide information, such as interpreters for non-English speaking or hearing impaired clients.
l Services and programs offered by other agencies, when appropriate.
l Have anyone they choose represent or aid them in any of the following:
n Applications.
n Renewals.
n Appeals.
n Any contact with the county or state agency.
Note: The person they choose does not have to be an attorney.
l Fair treatment under federal and state law and to file a complaint if they feel they have been treated unfairly.
l Have information collected kept private by the state and county agency.
l Protection.
n If there is a reason to suspect abuse or neglect of children or vulnerable adults, refer the information to social services.
n The client's cooperation with social services is not a condition of eligibility.
l Receive medical care from the provider of their choice, within limits.
l Protection from garnishment while enrolled in MA or MinnesotaCare and for six months after enrollment ends.
The civil rights protections that clients have depend upon the applicable law or laws.
l Per State human rights law: You may not discriminate against applicants or participants of assistance on the basis of race, color, creed, religion, national origin, disability (including ensuring physical and program access for people with disabilities), sex, sexual orientation, or public assistance status.
l Per federal civil rights law: You may not discriminate on the basis of race, color, national origin, age, sex, religion, or disability.
State and county staffs:
l Must protect clients’ individual and civil rights at all times.
l Must treat clients fairly and with understanding.
l Are required to inform all participants of their civil rights and their right to equal access to all services and benefits regardless of a physical, emotional or mental disability.
Note: Many forms produced by DHS include civil rights information including the Combined Application Form (DHS-5223), and the HCAPP (DHS-3417).
l Must inform people of their right to file a complaint if they believe that the county or state agency has violated their civil rights. Include the names and addresses of the following agencies in the information:
n DHS Civil Rights Coordinator.
Department of Human Services.
Office for Equal Opportunity.
P.O. Box 64997.
St. Paul, Minnesota 55164-0997.
n Minnesota Department of Human Rights.
190 E. 5th Street.
St. Paul, Minnesota 55101.
Clients enrolled in or applying for MA or federally funded MinnesotaCare may also file complaints with the U.S. Department of Health and Human Services (HHS).
Note: Unlike state law, federal law does not protect people from discrimination based on marital status, sexual orientation, or receipt of public assistance. People who feel they were discriminated against on one or more of these bases must file their complaints with one of the state agencies listed above.
See the HHS Web site for information on how to file a discrimination complaint with that agency's Office for Civil Rights (OCR). Complaints to the OCR should be filed in writing, either on paper or electronically.
For more information regarding client rights see: