Home health clients and their caregivers have a right to not be discriminated against based on race, color, religion, national origin, age, gender, sexual orientation or disability. Furthermore, clients and caregivers have a right to mutual respect and dignity, including respect for property. Caregivers are prohibited from accepting personal gifts and borrowing from clients.
The client is to be given a copy of the Client Bill of Rights in the course of the admission process and will sign an acknowledgement that this has been done.
Clients have the right:
- To have relationships with home health providers that are based on honesty and ethical standards of conduct.
- To be informed of the procedure they can follow to lodge complaints with the home health provider about the care that is, or fails to be, furnished and about a lack of respect for property.
- To know about the disposition of such complaints.
- To voice their grievances without fear of discrimination or reprisal for having done so.
- To be advised of the telephone number and hours of operation of the state’s home care hotline which receives questions and complaints about local home health agencies, including complaints about implementation of advance directive requirements.
- To be notified in advance about the care that is to be furnished, the types of caregivers who will furnish the care and, the frequency of the visits that are proposed to be furnished.
- To be advised of any change in the plan of care before the change is made.
- To participate in the planning of the care and in planning changes in the care, and to be advised that they have the right to do so.
- To be informed in writing of rights under state law to make decisions concerning medical care, including the right to accept or refuse treatment and the right to formulate advance directives.
- To be notified of the expected outcomes of care and any obstacles or barriers to treatment.
- To be informed, in writing, of policies and procedures for implementing advance directives, including any limitations if the provider cannot implement an advance directive on the basis-of conscience.
- To have healthcare providers comply with advance directives in accordance with state law requirements.
- To receive care without condition or discrimination based on the execution of advance directives.
- To refuse services without fear of reprisal or discrimination.
- To confidentiality of the medical record as well as information about their health, social and financial circumstances and about what takes place in the home.
- To expect the home health provider to release information only as required by law or authorized by the client and to be informed of procedures for disclosure.
- To be informed of the extent to which payment may be expected from Medicare, Medicaid or any other payer known to the home health provider.
- To be informed of the charges that will not be covered by Medicare.
- To be informed of the charges for which the client m ay be liable.
- To receive this information, orally and in writing, before care is initiated and within 30 calendar days of the date the home health provider becomes aware of any changes.
- To have access, upon request, to all bills for service the client has received regardless of whether the bills are paid out-of pocket or by another party.
- To receive care of the highest quality.
- In general, to be admitted by a home health provider only if it has the resources needed to provide the care safely and at the required level of intensity, as determined by a professional assessment. A provider with less than optimal resources may nevertheless admit the client if a more appropriate provider is not available, but only after fully informing the client of the provider’s limitations and the lack of suitable alternative arrangements.
- To be told what to do in the case of an emergency.
The home health provider shall assure that:
- All medically related home care is provided in accordance with physicians’ orders and that a plan of care specifies the services and their frequency and duration.
- All medically-related personal care is provided by an appropriately trained home health aide who is supervised by a nurse or other qualified home health care professional.
Clients have the responsibility:
- To notify the provider of changes in their condition (e.g., hospitalization, changes in the plan of care, symptoms to be reported).
- To follow the plan of care.
- To notify the provider if the visit schedule needs to be changed.
- To inform providers of the existence of any changes made to advance directives.
- To advise the provider of any problems or dissatisfaction with the services provided.
- To provide a safe environment for care to be provided. and
- To carry out mutually agreed upon responsibilities.