Chapter 447
2012 -- H 7740
Enacted 06/26/12
A N A C T
RELATING TO
HEALTH AND SAFETY - HOME CARE PATIENT RIGHTS
Introduced By: Representatives Ruggiero, Nunes, Bennett, Gallison, and Blazejewski
Date Introduced: February 16, 2012
It is enacted by the
General Assembly as follows:
SECTION 1. Sections 23-17.16-1 and 23-17.16-2 of the General
Laws in Chapter 23-
17.16 entitled "Home
Care Patient Rights" are hereby amended to read as follows:
23-17.16-1. Written notice of rights of home care patients/clients.
23-17.16-4.
Written notice of rights of
home care patients/clients. -- Each patient/client
of a home nursing
care provider or home care provider agency has the right
to be informed of his or her rights under
this chapter and the home nursing care provider or home
care provider agency must protect and
promote the exercise of these rights. The home nursing care
provider or home care provider
agency must provide the patient/client with a written notice
of the patient/client rights in section
23-17.16-2 in advance of furnishing care to the
patient/client or during the initial evaluation visit
before the initiation of treatment. A copy of the written
notice of rights signed by the
patient/client will be maintained in the patient/client record by
the home nursing care provider or
home care provider agency and in the patient/client's
home. The home nursing care provider or
home care provider agency must maintain documentation
showing that it has complied with the
requirements of this section. The provisions of this chapter shall
not apply to nursing services or
home health services conducted by and for those who rely
exclusively upon spiritual means
through prayer alone in accordance with the creed or tenets
of a well recognized church or
religious denomination.
23-17.16-2.
Rights of home care patients/clients. 23-17.16-5. Rights of home
care
patients/clients. --
Each home care patient/client has the following rights:
(1) To receive services
without regard to race, creed, color, gender, sexual orientation,
age, disability, or source of payment.
(2) To receive safe,
appropriate and high quality care and services in a timely manner
with consideration, dignity, respect and privacy.
(3) To accept or refuse
care and to be informed of the consequences of that action.
(4) To be free from
mental or physical abuse, physical punishment, neglect, damage to or
theft of property, or exploitation of any kind.
(5) To have his or her
property treated with respect.
(6) To exercise his or
her rights as a patient/client of the home nursing care provider or
home care provider agency. When the patient/client is
unable to exercise his or her rights, an
agent or legal guardian may exercise the patient's/client's
rights.
(7) To be informed, in
advance, about the care to be furnished (and not to be furnished),
the plan of care, and of any changes in the care to be
furnished before the change is made.
(8) To help plan the
care and services received or to help change the care and services.
(9) To be advised in
advance of the disciplines that will furnish care, the frequency of
visits proposed to be furnished, and the names and
qualifications of all individuals providing care.
(10) To receive
information necessary to make decisions about care (or to have a family
member receive that information, as appropriate) and to have
access to their records.
(11) To receive
information and counseling about advanced directives such as the living
will and durable power of attorney for health care, to
formulate advanced directives, and to
receive written information about the policy of the home
nursing care provider or home care
provider agency on client advanced directives and state
COMFORT ONE protocol.
(12) To have his or her
personal and clinical records treated and maintained in a
confidential manner and to be advised by the agency of its
policies and procedures regarding
disclosure of clinical records.
(13) To be advised,
before care is initiated, if the provider is a full participating provider
in the patient's/client's health care plan, the cost of
services, the extent to which payment for the
home nursing care provider or home care provider agency
services may be expected from
insurance, government and other sources, and the extent to
which payment may be required from
the patient/client and the charges they will be required
to pay.
(14) To be informed of
the home nursing care provider or home care provider agency's
billing procedures and the patient/client payment
responsibilities.
(15) To be informed of
the home nursing care provider or home care provider agency's
ownership and control.
(16) To be informed of
any experimental research or investigational activities and the
right to refuse them.
(17) To voice
grievances (or to have the patient's/client's family or guardian voice
grievances on the patient's/client's behalf if the
patient/client is unable to do so) regarding
treatment or care that is (or fails to be) furnished, or
regarding the lack of respect for property by
anyone who is furnishing services on behalf of the home
nursing care provider or home care
provider agency; to be advised on how to voice grievances; and
not to be subjected to
discrimination or reprisal for doing so.
(18) To have the
patient's/client's complaints investigated, or complaints made by the
patient's/client's family or guardian, regarding treatment or
care that is (or fails to be) furnished,
or regarding the lack of respect for the patient/client
or the patient's/client's property by anyone
furnishing services on behalf of the home nursing care provider
or home care provider agency,
and the home nursing care provider or home care provider
agency must document both the
existence of the complaint and the resolution of the complaint.
(19) To be informed, in
writing, of his or her rights to appeal a determination or decision
made by the home nursing care provider or home care
provider agency with regard to eligibility
for service, the types or levels of service in the care
plan, a termination or change in service, or if
the patient/client feels that his or her rights under
this chapter have been violated.
(20) To be advised, in
writing, of the names, addresses, and telephone numbers of the
state ombudsperson, the attorney general's Medicaid fraud
control unit, the state licensing agency
and the availability of the state toll-free home health
hotline, the hours of its operation, and that
the purpose of the hotline is to receive complaints or
questions about local home nursing care
providers or home care providers.
(21) The patient/client
shall have the right to receive information concerning hospice
care, including the benefits of hospice care, the cost,
and how to enroll in hospice care.
SECTION 2. Chapter 23-17.16 of the General Laws entitled
"Home Care Patient Rights"
is hereby amended by adding thereto the following
sections:
23-17.16-1.
Legislative findings. -- The general assembly
finds:
(1) Home health care
is an important part of the quality of health care;
(2) Home health care
permits patients to receive medical care and treatment in the
community; and
(3) Home health care
is cost efficient health care.
23-17.16-2.
Definitions. - As used in this chapter:
(1) “Health care
provider” means a person who is licensed, certified, or otherwise
authorized by the laws of this state to administer health care
in the ordinary course of business or
practice of a profession.
(2) “Person” means an
individual, corporation, business trust, estate, trust, partnership,
association, government, governmental subdivision or agency, or
any other legal entity.
23-17.16-3.
Purpose. The purpose of home health care is:
(1) To avoid
institutionalization;
(2) To shorten
hospital stays;
(3) To speed
recovery;
(4) To bridge care
from health care facilities and primary care providers and specialty
providers; and
(5) To allow patients
to remain in the community.
SECTION 3. This act shall take effect upon passage.
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LC01426
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