Your rights during the COVID-19 pandemic

People with disabilities have a right to information that explains COVID-19 and identifies the gravity of the COVID-19 pandemic in order to make informed choices about how and where to spend their days and access the community as allowed under emergency orders. See the Person-Centered, Informed Choice and Transition protocol webpage for more information. Review stay-at-home guidance daily, which provides educational materials in plain language. 

These changes can affect people with disabilities in different ways. These changes might be difficult to understand or adapt to. It can be scary to experience all of these changes so suddenly. But, there are things you can do to make it less frightening. There are things you can do to protect yourself. There are things you can do to protect other people. Everyone has a part to play.

Ensure people understand which activities are allowed while practicing social distancing in public spaces:

• Outdoor exercise
• Obtaining food, gas and needed supplies
• Seeking medical services
• Caring for others
• Relocating because of safety concerns of or displacement.

The COVID-19 (coronavirus disease 2019) pandemic has quickly changed how people:

• Live their lives
• Access community resources
• Stay connected with friends and family.

What you should know about COVID-19

• Oregon Office of Developmental Disabilities – video explanation
• Get information from trusted sources: 
  • Centers for Disease Control and Prevention – up-to-date information about COVID-19
  • Minnesota Department of Health – up-to-date information about COVID-19

Know what to expect

Things can change quickly and be different day to day. Here are some things that you can expect to be a little different for a while:

• Your case manager might call or video chat with you instead of making in-person visits.
• Staff members might call or video chat with you instead of making in-person visits.
• You might have to stay home from work if your employer says so.
• If you live in a foster care or customized living, there might be more people there than you’re used to for a while.
• Someone else might need to provide services to you (family, friends, new staff).
• Day programs will be closed.
• Activities that you had planned could be canceled or changed to a different day to protect you and others.
• Visitors might not be allowed.
• Staff members might wear masks, gloves or other things to protect themselves and you.

Do your best to do your part

Everyone has an important part to play. Here are some things you can do to help out right now:

• Stay home. The virus has a lot harder time spreading if everyone stays home.
• Follow the guidelines from Minnesota and the CDC for protecting yourself and others.
• Call friends and family instead of going out to visit.
• Cover your coughs and sneezes with a tissue or your arm.
• Wash your hands.
• If you’re sick, call your doctor.
• If you or someone you know is being mistreated, tell someone.

Know where to get help

• Call your doctor and follow his or her directions.

• Coronavirus Coping Strategies  from Dr. Robert Naseef
• Call the Minnesota Warmline (877) 404-3190 Monday-Saturday from 5 to 10 p.m.
• List of all National HelpLine Warmlines (PDF)
• Talk to friends and family.

• Talk to your case manager.
• Talk to a staff person you have a good relationship with or like. 
• Check out the resources on the Disability Hub MN COVID-19 page.

During the pandemic, DHS is making some changes to the rules and to how services can be provided. For example, providers may now deliver some services over the phone or computer. This is called “remote services.” Remote services can help you get some of the support you need during the pandemic without risking exposure to COVID-19. If you would like to see which services can be delivered remotely now, review DHS Bulletin #20-56-02 (PDF)

To stay healthy, the governor is asking all Minnesotans to be careful about COVID-19 and to help protect themselves and others. He has issued a number of executive orders to help keep Minnesotans safe. Executive orders are like laws, so you, your family and your provider, along with everyone else in the state, have to follow them. They include things like spending less time around other people and keeping a healthy distance from each other when we do get together, so we don’t get or spread the coronavirus. Also, he is asking us to wear face masks when we are out in public. In some cities, the mayors have said that everyone in their city has to wear a mask. The governor and people in charge in your city can change these new rules any time to keep everyone safe. These are some of the ways that the executive orders and other rules in your city might affect you now or in the future:

• You may have to wear a mask when you leave the house to do certain activities or when in a car, van or bus
• Your case manager might call or video chat instead of coming to see you
• Service providers might call or video chat instead of coming to see you
• You might have to stay home from work (this depends on what kind of job you have and where you work)
• Someone else might need to provide services to you (for example, family, friends, new staff, etc.)
• Day programs might be partially opened or closed, as needed
• Activities you planned could be canceled or moved to a different day
• You might be asked to visit with people in different ways
• Staff/workers might wear masks, gloves or other things to protect you and themselves
• If you get sick, you may be asked to stay in your room, or even move to a different location, until you are well
• If someone you live with gets sick, you may be asked to not leave the house until everyone in the house is well
• If you share your home with other people, there might be more people who move in temporarily.

That depends. Whether you are able to return to using day services depends on which services you use and how many people the program can serve at a time.

The Minnesota governor closes, opens and limits services, depending on how fast COVID is spreading through the state. Day services had to close in March 2020, under the stay-at-home executive orders, 20-20 (PDF) and 20-33 (PDF), Gov. Walz enacted. Under the May’s COVID-19 peacetime emergency order, 20-63 (PDF), licensed day service facilities and community-based businesses started to re-open in phases. But, there were limits on how many people can be in the building or receiving day services at one time.

You can contact your day service provider to find out their plans for reopening after a closure. Some providers choose to provide services in the community instead of in day services facilities so that even if the building is closed, you still can get services somewhere else (like where you live, etc.).

This depends on many factors. Some people may have lost their job during the pandemic because an employer closed or had to lay off employees. Some people have jobs that are considered critical and they can continue to go to work. There is a list of what jobs are critical in the sixth paragraph of the governor’s stay-at-home Executive Order 20-20 (PDF). We expect this list to be updated in future executive orders.

By the way, you can receive employment exploration services and employment development services if you are exploring or searching for employment in critical jobs or with reopening businesses.

For more information about who can receive employment support services, review DHS Bulletin: # 20-56-01 (PDF). DHS will publish more information in the future if something changes.

It always is your decision whether or not to go to your day service, your employment service, or your job.

You have the right to refuse services for any reason. You might be able to get a different service or get your service delivered in a different way. You can talk to your support team to discuss your options and the risks of returning to day services, employment services or a job. This can help you make the best decision for yourself.

If you decide not to use a service, your provider has to tell you about what might happen if you refuse the service. (This is covered by Minnesota Statutes, chapter 245D.) Some service providers or employers may be willing to hold a place for you or make reasonable accommodations so you feel more comfortable going back. Others may not be able to hold your service open if you are gone for an extended length of time.

You get to decide when you return to service. There are people who can help you make that decision, if you want. Even if other people have different ideas, you have a right to express your preferences in the end.

Some people who use services have been told they cannot go back to a day service, an employment service or job because of fears about getting or spreading COVID-19. If the service is open, then providers do not have a right to stop you from using services that are included in your service plan.

When day and employment services are open, providers have to follow the rules described in the New Licensing Requirement for Providers of Day Services for Adults with Disabilities document, DHS-7313D-ENG (PDF) and in DHS Bulletin: #20-56-07 (PDF).

If your day program or employment service provider is open and has room for you to return, then you, with support from your team, are the one who can make the decision about returning to services. The same is true for people who use employment services or have a job. While other home and community-based service providers may provide information to help you make the decision that is right for you, they cannot deny you your employment services or your job.

Try to learn about COVID-19. There is a lot of information about COVID-19 on the internet, and information is changing all the time. But here are two sources you can count on:

• The U.S. Centers for Disease Control and Prevention (CDC) COVID-19 website
• The Minnesota Department of Health's COVID-19 website.

Here is a list of things you and your family can do to stay safe:

• Try to keep at least six feet from other people (unless they are people you live with every day and who follow the same safety precautions as you).
• Wash your hands a lot.
• If you get sick with COVID-19, stay away from other people (that probably means staying by yourself in your room).
• Stay home as much as you can.
• Call friends and family instead of going out to visit.
• Cover your coughs and sneezes with a tissue or your arm. Do not cover your coughs or sneezes with your hands.
• If you get sick, call your doctor and follow what the doctor tells you to do.
• Follow these recommendations, even if you don’t feel sick. Sometimes people get sick but don’t feel sick.
• Report maltreatment.

Yes. 

To help protect people from the spread of COVID-19, providers are allowed to screen staff and program participants to see if they might be sick. Screening might be taking your temperature to see if you have a fever or asking you questions about if you have had contact with someone who has COVID-19. If someone picks you up and takes you to your day service with other people, they may ask you to do your screening before you get in the vehicle. This helps make sure that someone does not expose everyone in the car or van to someone who may be sick. A provider may also screen you for a fever before you go into the day service building. 

If you have a fever, you cannot go to your day service or job. You will be able to go back after you have gone 24 hours without a fever.

The answer to this depends on what the service is and where you are when you use the service. Also, there might be rules about wearing masks that apply to all Minnesotans. Your service provider might remind you of those rules and ask you to wear a mask in those situations.

To stay safe from COVID-19, the Minnesota Department of Health (MDH) and the Centers for Disease Control and Prevention (CDC) recommend that every person wear a mask when they are with people other than the people they live with. In general, you should not have to wear a mask just because you have a disability if people without disabilities don’t have to wear one. However, if everyone has to wear one, you do too. The exception is if you have a medical condition that makes it dangerous for you to wear a mask.

General guidance

DHS soon will post more details about which services and service locations can require a mask, but for now, here is some general guidance: If you live in a house with other people with disabilities run by a service provider, such as a group home, the service provider can make a rule about wearing masks. But it is important to know that the service provider has to work with the people who live in the house to set a rule that is acceptable to all residents. The provider cannot deny, suspend or terminate services to you just because you refuse to wear a mask.

The governor has set rules and recommendations about wearing masks that apply to everyone in the state. Cities also may have rules about masks. And some businesses might have their own rules about masks. If you have a job in the community, your employer might require you to wear a mask. Your provider might ask to you wear a mask so that you are following those rules. In these cases, you can refuse to wear a mask, but people other than your staff might tell you to leave or put on a mask. For example, sometimes stores require people to wear masks. Your provider might remind you of this rule. If you refuse, the storeowner might ask you to leave or not allow you to buy anything until you put on a mask.

The executive order does make allowances for people who can’t wear a mask because a medical condition, mental health condition or disability that makes it unreasonable for the person to keep on a face covering. If you have a condition that makes it difficult to breathe or if you can’t take a mask off by yourself, you don’t have to wear one. If you aren’t going to wear a mask, you should think about other ways to stay safe, such as wearing a clear face shield and staying at home as much as possible.

Yes. The provider keeps a plan that describes the services you receive and details about those services. The provider has to make sure the plan includes your preferences (the things you like and want). This should include any steps staff must take to keep you safe. The service provider should work with your staff person to decide how they will deliver services in a way that you need and you want. If you require that your workers must wear a mask while with you, then they must wear a mask.

They do not have tell other people that you have COVID-19. There are laws that protect your privacy. Providers cannot tell other people that you are sick unless they have your permission. However, providers should tell employees, other people using services and their emergency contacts that there is an outbreak, without sharing your personal information.

If you contract COVID-19, the health care provider that gave you the diagnosis will report your case to the Minnesota Department of Health. This is to help the state track the spread of the virus and try to stop it from spreading to other people. Someone from the health department will contact you so they can get information from you in order to do this.

In general, you have the right to leave your home. In 245D-licensed settings, physically stopping someone is considered a “manual restraint” and is usually not allowed. Manual restraint is sometimes allowed if someone is in immediate danger of being harmed, and there is no other option for keeping them/others safe. (For more information, you can read the state laws that define manual restraint). Leaving the house by itself, even during the COVID-19 pandemic, is not an immediate danger.

You can work with your provider to find ways for you to leave the house and safely do things in your community. You may continue to take walks, grocery shop, go to your job (if it is open) and go other places that are currently open. There are guidelines on how to do these things and stay safe.

The guidelines include staying six feet apart from other people, not touching things that might make you sick, frequently washing your hands, covering your coughs, avoiding touching your face and wearing a face mask.

Here are some ideas about things you might do to connect with friends and family and to get out of your house, while staying safe:

• Spend time outside, for example, taking a walk. Your staff can help you learn how to stay safe while doing things outside.
• Do fun things using a computer. You can visit with friends and family, participate in fitness or library classes, train for sports, play card or board games, explore different music, sing karaoke, worship or participate in social media.

It’s a good idea to meet with the other people who you live with to come up with a plan and agreements on how you can all stay safe. The staff that work there can help you come up with ideas and plans, too.

Because COVID-19 spreads very easily between people who are in close contact with each other, such as people who live in the same house, you may have to stay in your own room. To keep other people and staff healthy, people who are sick should stay away from other people as much as possible. Each household will have to figure out how to do this if someone gets sick, but, no one can force you to stay in your room if you don’t want to be there. 

It can be 14 days from the time you are exposed to someone with the virus to actually get sick yourself. Sometimes people who get COVID-19 get very sick, but sometimes they don’t feel sick at all. Either way, once you have been exposed to the virus, you could be spreading it, even if you don’t feel sick. You need to be very careful about not spreading the virus from you to others during this period. Your provider should consult with your doctor for advice on how to keep everyone in the house healthy. Things you could do to keep others safe include:

• Eat meals in a private room
• Have a bathroom that only you use
• Wear a facemask when in communal areas
• Wash your hands well and often
• Try to stay at least six feet from other people, maybe even staying in different rooms from other people in your house
• Don’t leave your house unless it is an emergency or for medical treatment
• Cover your coughs and sneezes with a tissue or your arm. Do not cover your coughs or sneezes with your hands
• Try to not touch things that are used by other people.

You should consider getting tested to see if you have the virus, especially if you feel sick.

If you do get sick, you will need to be isolated from other people in your house until you are well and your doctor tells you it is okay. One way to do this would be for you to stay in your room. However, no one can force you to stay in your room if you don’t want to be there. Your provider is responsible for the health and safety of everyone living in the house. Together, you will have to come up with a plan to keep everyone safe.

Normally, you have a right to see the people you want to see. But during the COVID-19 pandemic, there are times when a stay-at-home order might be in place. When that is the case, the advice is for people from different households to not visit each other. That means the safest option will be to not have visitors from other households or for you to go visit other households.

Some people live part time in a group home and part time in another home. If that applies to you, you are allowed to move back and forth between the group home and your other home. That means you could go visit your family home, but you shouldn’t have people visit you at the group home unless they live in your group home.

Talk with people you trust who can help you decide the best way for you to stay safe during COVID-19 but also do things that are important to you. There are ways to stay connected with loved ones and have celebrations without going to each other’s house.

As always, when stay-at-home orders are in place, people are allowed to visit to provide care for a friend or family member.

During the early and late parts of 2020, there was an order for people from different households to not visit each other. During those times, you only are allowed to leave the group home to visit other homes if you live part-time in a group home and part-time someplace else.

Remember that moving between houses increases the risk of getting COVID-19. Even if you are used to going back and forth between homes, you might want to consider picking one house to stay at until there is less virus spreading in the community. If you decide to move back and forth, learn how to keep yourself as safe as possible. For example, have everyone wear masks and stay six feet apart from each other.

Even if you are allowed to visit family, you should talk to people you trust to understand the risk of doing so. This decision gets even harder when you think of all the other people who could be affected by your decision.

Talk with people you trust who can help you decide the best way for you to stay safe and also do things that are important to you. There are ways to stay connected with loved ones and have celebrations without going to each other’s house.

If you live with other people, you will have to figure out as a group what you want the plan to be for your house. It is important that you all learn about the virus in order to make good decisions for everyone.

Your provider cannot refuse to let you back in the house without a formal process.

The state’s rules about licensed home and community-based services (Minn. Stat. §245D.10), say that you have the right to a formal process before your provider refuses to let you come home or otherwise suspends or terminates services. Minnesota Statute 245D.10 gives you the right to receive notice from your provider 60-days before they terminate your services. If your provider wants to stop providing your services because they are afraid you were exposed to the coronavirus, they have to give you a 60-day notice. By the time the 60 days have passed, you should be past the period of when there might be a health risk to others, so terminating services over a one-time exposure isn’t a good plan for stopping the spread of the virus.

If you follow suggestions to stay safe, like staying six feet apart from others, wearing a mask in public, and washing your hands frequently or using hand sanitizer, etc., you’re taking good steps to stay safe. But if you aren’t following those suggestions while you’re in the community, you could be bringing the virus home with you and exposing housemates without even knowing it. 

If your provider is worried that you visiting other people is putting the safety of others at risk, you might want to have a team meeting (you and your advocates, provider, case manager and health care provider), to help talk through the issue and find solutions.

You, like everyone else, can still take walks, grocery shop and go to places that are currently open – within the guidelines of the governor’s orders. Ending your services only for doing something everyone is able to do under the order is not allowed.

The governor’s Executive Order 20-14 (PDF) limits evictions and lease terminations under Minn. Stat. §504B. Residential service providers, like group home providers, who have to follow home and community-based settings rule) must hold leases (or legally-binding agreements that have the same protections as leases) with the people they support. The lease makes you a tenant and your provider your landlord. This relationship is covered under Minnesota’s landlord/tenant laws. These service providers should review their rules as landlords under Executive Order 20-14.

There is a difference between terminating services and terminating leases. While providers may terminate services, under some circumstances, in accordance with Minnesota Statute 245D.10, lease terminations are limited by Executive Order 20-14.

If a provider terminates your services, your team (including the current provider and case manager) will have to find a new service provider to make sure you get the services you need during the emergency.

If you think someone is not respecting your rights you have several options. If talking to the person yourself isn’t working, you could do one or more of the following:

• Ask for your provider’s grievance policy and file a grievance following their process
• Contact your case manager or another member of your team to help you
• Report suspected abuse, neglect or financial exploitation to the Minnesota Adult Abuse Reporting Center (MAARC) at 844-880-1574 (mandated reporters should use the MAARC web reporting system)
• Contact an advocacy organization below: