Patient Rights

The patient has the right to (Standard – C):

1. Have his or her property and person treated with respect
2. Be free from verbal, mental, sexual, and physical abuse, including injuries of unknown source, neglect, and misappropriation of property
3. Make complaints to the HHA regarding treatment of care that is (or fails to be) furnished, and the lack of respect for property and/or persons by anyone who is furnishing services on behalf of the HHA
4. Participate in, be informed about, and consent or refuse care in advance of and during treatment, where appropriate, with respect to:
   • Completion of all assessments;
   • The care to be furnished, based on the comprehensive assessment;
   • Establishing and revising the plan of care;
   • The disciplines that will furnish the care;
   • The frequency of visits;
   • Expected outcomes of care, including patient-identified goals, and anticipated risks and benefits;
   • Any factors that could impact treatment effectiveness; and
   • Any changes in the care to be furnished.

5. Receive all services outlined in the plan of care
6. Have a confidential clinical record. Access to or release of patient information and clinical records is permitted in accordance with 45 CFR parts 160 and 164.
7. Be advised of:
   • The extent to which payment for HHA services may be expected from Medicare, Medicaid, or any other federally-funded or federal aid program known to the HHA;
   • The charges for the services that may not be covered by Medicare, Medicaid, or any other federally-funded or federal aid program known to the HHA;
   • The charges the individual may have to pay before care is initiated; and
   • Any changes in the information provided in regards to charges for services.

8. Receive proper written notice, in advance of a specific service being furnished, if the HHA believes that the service may be non-covered care; or in advance of the HHA reducing or terminating on-going care.
9. Be advised of the state toll free home health telephone hotline, its contact information, its hours of operation, and that its purpose is to receive complaints or questions about local HHAs (see separate form).
10. Be advised of the names, addresses, and telephone numbers of the following federally-funded and state-funded entities that serve the area where the patient resides (see separate form).
11. Be free from any discrimination or reprisal for exercising his or her rights or voicing grievances to the HHA or an outside entity.
12. Be informed of the right to access auxiliary aids and language services, and how to access these services.

The patient has the right to (Standard – D):

1. Be informed of the HHA policies for transfer & discharge. The HHA may only transfer or discharge the patient from the HHA if:
   • The transfer or discharge is necessary for the patient’s welfare because the HHA and the physician who is responsible for the home health plan of care agree that the HHA can no longer meet the patient’s needs, based on the patient’s acuity.
   • The patient or payer will no longer pay for the services provided by the HHA.
   • The transfer or discharge is appropriate because the physician who is responsible for the home health plan of care and the HHA agree that the measurable outcomes and goals set forth in the plan of care have been achieved, and the HHA and the physician who is responsible for the home health plan of care agree that the patient no longer needs the HHA’s services.
   • The patient refuses services, or elects to be transferred or discharged.
   • The HHA determines, under a policy set by the HHA for the purpose of addressing discharge for cause that meets the requirements that the patient’s (or other persons in the patient’s home) behavior is disruptive, abusive, or uncooperative to the extent that delivery of care to the patient or the ability of the HHA to operate effectively is seriously impaired (refer to agency policy for discharging for cause).
   • The patient dies.
   • The HHA ceases to operate.

The HHA must (Standard – E):

1. Investigate complaints made by a patient, the patient’s rep (if any), and the patient’s caregivers and family, including, but not limited to, the following topics:
   • Treatment or care that is (or fails to be) furnished, is furnished inconsistently, or is furnished inappropriately;
   • Mistreatment, neglect, or verbal, mental, sexual, and physical abuse, including injuries of unknown source, and/or misappropriation of patient property by anyone furnishing services on behalf of the HHA.
2. Document both the existence of the complaint and the resolution of the complaint; and
3. Take action to prevent further potential violations, including retaliation, while the complaint is being investigated.

Patient Responsibilities 

1. Patients have the responsibility to:
   • Notify the provider of changes in condition (e.g. hospitalization, changes in the plan of care, new symptoms);
   • To follow the plan of care;
   • To ask questions about services;
   • To notify the home health agency of if the visits schedule needs to be change;
   • To inform the home health agency of changes to the advanced directives;
   • To promptly advise the home health agency of any concerns with the services provided;
   • To provide a safe environment for the home health agency staff;
   • To carry out mutually agreed responsibilities; and
   • To accept the consequences for the outcomes if the patient does not follow the plan of care.