Marti Oakley

May 19, 2018

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Numerous bills have been presented recently here in Minnesota as a result of the nursing home scandals that rocked the state. It quickly became apparent that the only people who were unaware of this looming crisis, were our state legislators. But reading through these bills, which are legislative monstrosities that are comprised of some of the most tortured and unintelligible language imaginable, it becomes readily apparent that the bills were not written by the legislators, but rather, by interested stakeholders who profit daily from the human trafficking of the elderly.

A recent change to the Minnesota Health Care Bill of Rights, looks on the surface to be a positive change for advancing the rights of those subjected to institutional health care while the estate is robbed. At first glance, it would appear that the legislature is securing the right of patients to be free from forced isolation by professional predatory guardians and conservators. But a closer examination reveals language that allows the very predators in the system, those who prey on the elderly with the intent to profit, to continue their trafficking, unimpeded

Pending the outcome of an enforcement proceeding the health care facility may, in good faith, comply with the instructions of a guardian or conservator.”

An enforcement proceeding? Gosh, I wonder how that will turn out? I would like to see an explanation of why a conservator (this person only controls the finances of the victim) would have any excuse whatsoever, for isolating the conserved individual. Guardians on the other hand, control everything and once the individual is guardianized they become chattel property. Meaning they become moveable property and goods.

This change to the system is merely the codifying into law the ability of these predators to unlawfully isolate the property they now own. As these professionals who game the system with the intent to profit are allowed to levy any charges they choose without ever being asked for, or producing any evidence that these charges have any merit or validity, this change to the health care bill of rights only secures the ongoing human trafficking.

No one should have the right to isolate an elderly individual for any reason. Isolation is a form of torture. And not one of these predators can come up with a valid reason for isolating the targeted victim, other than saying that visitations by family and friends “upsets” them. I am sure it does. They know they are being held against their will and the separation from all they know, including family and friends is terrifying. Add the forced drugging used as chemical restraint and the many times less than humane treatment they are subjected to in one of these warehouses euphamistically called “nursing homes”, and you can be assured they are upset.

Guardianship as practiced here and in every other state, is a secondary prison system although no crime has been committed. Actual criminals are afforded protections and rights, but the elderly under guardianship have been stripped of not only their rights, but of their very identity and by extension of that theft, all of their assets.

Instead of moving to protect the elderly from these predators, the Minnesota legislature instead, made sure that the system continues. And this was the actual legislative intent.

Subdivision 1.

Legislative intent.

It is the intent of the legislature and the purpose of
this section to promote the interests and well being of the patients and residents of health
care facilities. It is the intent of this section that every patient’s and resident’s civil and
religious liberties, including the right to independent personal decisions and knowledge of
available choices, must not be infringed and that the facility must encourage and assist in
the fullest possible exercise of these rights. The rights provided under this section are
established for the benefit of patients and residents.
No health care facility may require or
request
a patient or resident to waive any of these rights at any time or for any reason
including
as a condition of admission to the facility. Any guardian or conservator of a patient
or resident or, in the absence of a guardian or conservator,
An interested person, may seek
enforcement of these rights on behalf of a patient or resident, as provided under section
144.6512
. An interested person may also seek enforcement of these rights on behalf of a
patient or resident who has a guardian or conservator through administrative agencies or in
district court having jurisdiction over guardianships and conservatorships.
Pending the
outcome of an enforcement proceeding the health care facility may, in good faith, comply
with the instructions of a guardian or conservator. It is the intent of this section that every
patient’s civil and religious liberties, including the right to independent personal decisions
and knowledge of available choices, shall not be infringed and that the facility shall encourage
and assist in the fullest possible exercise of these rights.

(144.6512 is the MN Health Care bill of Rights)https://www.revisor.mn.gov/statutes/?id=144.651

EFFECTIVE DATE.

This section is effective July 1, 2018.

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