Section 22-B3912. PATIENT RIGHTS AND RESPONSIBILITIES

 

3912.1Each home care agency shall develop a written statement of patient rights and responsibilities that shall be given, upon admission, to each patient who receives home care services.

 

3912.2Each home care agency shall develop policies to ensure that each patient who receives home care services has the following rights:

 

(a)To be treated with courtesy, dignity, and respect;

 

(b)To control his or her own household and life style;

 

(c)To be informed orally and in writing of the following:

 

(1)Services to be provided by the agency, including any limits on service availability;

 

(2)Whether services are covered by health insurance, Medicaid, Medicare, or any other sources, and the extent of uncovered expenses for which the patient may be liable;

 

(3)The amount charged for each service, and procedures for billing;

 

(4)Prompt notification of acceptance, denial or reduction of services;

 

(5)Complaint and referral procedures;

 

(6)The name, business address, and telephone number of the agency supervising the patient's care; and

 

(7)The telephone number of the Home Health Hotline maintained by the Department of Health;

 

(d)To receive treatment, care and services consistent with the agency/patient agreement and with the patient's plan of care;

 

(e)To participate in the planning and implementation of his or her home care services;

 

(f)To receive services by competent personnel who can communicate with the patient;

 

(g)To be informed of his or her condition by the health care provider in accordance with generally accepted professional standards;

 

(h)To refuse all or part of any treatment, care, or service, and to be informed of the consequences of refusal;

 

(i)To be free from mental and physical abuse, neglect, and exploitation by agency employees or contract personnel;

 

(j)To be assured confidential handling of clinical records as provided by law;

 

(k)To be educated about and trained in matters related to the services to be provided;

 

(l)To voice a complaint or other feedback in confidence and without fear of reprisal from the agency or any agency personnel, in writing or orally, including an in-person conference if desired, and to receive a timely response to a complaint as provided in these rules; and

 

(m)To have access to his or her own clinical records.

 

3912.3Each home care agency shall inform all patients that they have the right to make complaints and/or to provide feedback concerning the services rendered by the agency to the Department of Health, in confidence and without fear of reprisal from the agency or any agency personnel, in writing or orally, including an inperson conference if desired.

 

3912.4Each home care agency shall develop a statement of patient responsibilities regarding the following:

 

(a)Treating agency personnel with respect and dignity;

 

(b)Providing accurate information when requested;

 

(c)Informing the agency when instructions are not understood or cannot be followed; and

 

(d)Cooperating in making a safe environment for care within the home.

 

3912.5Written policies on patient rights and responsibilities shall be made available to the general public.

 

3912.6The home care agency shall take appropriate steps to ensure that all information is conveyed, pursuant to these rules, to any patient who cannot read or who otherwise needs accommodations in an alternative language or communication method. The home care agency shall document in the patient's records the steps taken to ensure that the patient has been provided with all required information.

 

source

Final Rulemaking published at 51 DCR 2876 (March 19, 2004).