2012 -- H 7740

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LC01426

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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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

     Referred To: House Health, Education & Welfare

It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 23-17.16-1 and 23-17.16-2 of the General Laws in Chapter 23-

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17.16 entitled "Home Care Patient Rights" are hereby amended to read as follows:

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     23-17.16-1. Written notice of rights of home care patients/clients. 23-17.16-4.

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Written notice of rights of home care patients/clients. -- Each patient/client of a home nursing

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care provider or home care provider agency has the right to be informed of his or her rights under

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this chapter and the home nursing care provider or home care provider agency must protect and

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promote the exercise of these rights. The home nursing care provider or home care provider

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agency must provide the patient/client with a written notice of the patient/client rights in section

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23-17.16-2 in advance of furnishing care to the patient/client or during the initial evaluation visit

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before the initiation of treatment. A copy of the written notice of rights signed by the

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patient/client will be maintained in the patient/client record by the home nursing care provider or

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home care provider agency and in the patient/client's home. The home nursing care provider or

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home care provider agency must maintain documentation showing that it has complied with the

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requirements of this section. The provisions of this chapter shall not apply to nursing services or

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home health services conducted by and for those who rely exclusively upon spiritual means

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through prayer alone in accordance with the creed or tenets of a well recognized church or

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religious denomination.

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     23-17.16-2. Rights of home care patients/clients. 23-17.16-5. Rights of home care

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patients/clients. -- Each home care patient/client has the following rights:

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      (1) To receive services without regard to race, creed, color, gender, sexual orientation,

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age, disability, or source of payment.

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      (2) To receive safe, appropriate and high quality care and services in a timely manner

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with consideration, dignity, respect and privacy.

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      (3) To accept or refuse care and to be informed of the consequences of that action.

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      (4) To be free from mental or physical abuse, physical punishment, neglect, damage to or

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theft of property, or exploitation of any kind.

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      (5) To have his or her property treated with respect.

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      (6) To exercise his or her rights as a patient/client of the home nursing care provider or

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home care provider agency. When the patient/client is unable to exercise his or her rights, an

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agent or legal guardian may exercise the patient's/client's rights.

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      (7) To be informed, in advance, about the care to be furnished (and not to be furnished),

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the plan of care, and of any changes in the care to be furnished before the change is made.

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      (8) To help plan the care and services received or to help change the care and services.

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      (9) To be advised in advance of the disciplines that will furnish care, the frequency of

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visits proposed to be furnished, and the names and qualifications of all individuals providing care.

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      (10) To receive information necessary to make decisions about care (or to have a family

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member receive that information, as appropriate) and to have access to their records.

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      (11) To receive information and counseling about advanced directives such as the living

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will and durable power of attorney for health care, to formulate advanced directives, and to

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receive written information about the policy of the home nursing care provider or home care

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provider agency on client advanced directives and state COMFORT ONE protocol.

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      (12) To have his or her personal and clinical records treated and maintained in a

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confidential manner and to be advised by the agency of its policies and procedures regarding

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disclosure of clinical records.

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      (13) To be advised, before care is initiated, if the provider is a full participating provider

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in the patient's/client's health care plan, the cost of services, the extent to which payment for the

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home nursing care provider or home care provider agency services may be expected from

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insurance, government and other sources, and the extent to which payment may be required from

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the patient/client and the charges they will be required to pay.

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      (14) To be informed of the home nursing care provider or home care provider agency's

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billing procedures and the patient/client payment responsibilities.

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      (15) To be informed of the home nursing care provider or home care provider agency's

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ownership and control.

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      (16) To be informed of any experimental research or investigational activities and the

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right to refuse them.

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      (17) To voice grievances (or to have the patient's/client's family or guardian voice

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grievances on the patient's/client's behalf if the patient/client is unable to do so) regarding

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treatment or care that is (or fails to be) furnished, or regarding the lack of respect for property by

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anyone who is furnishing services on behalf of the home nursing care provider or home care

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provider agency; to be advised on how to voice grievances; and not to be subjected to

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discrimination or reprisal for doing so.

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      (18) To have the patient's/client's complaints investigated, or complaints made by the

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patient's/client's family or guardian, regarding treatment or care that is (or fails to be) furnished,

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or regarding the lack of respect for the patient/client or the patient's/client's property by anyone

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furnishing services on behalf of the home nursing care provider or home care provider agency,

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and the home nursing care provider or home care provider agency must document both the

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existence of the complaint and the resolution of the complaint.

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      (19) To be informed, in writing, of his or her rights to appeal a determination or decision

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made by the home nursing care provider or home care provider agency with regard to eligibility

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for service, the types or levels of service in the care plan, a termination or change in service, or if

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the patient/client feels that his or her rights under this chapter have been violated.

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      (20) To be advised, in writing, of the names, addresses, and telephone numbers of the

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state ombudsperson, the attorney general's Medicaid fraud control unit, the state licensing agency

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and the availability of the state toll-free home health hotline, the hours of its operation, and that

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the purpose of the hotline is to receive complaints or questions about local home nursing care

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providers or home care providers.

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      (21) The patient/client shall have the right to receive information concerning hospice

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care, including the benefits of hospice care, the cost, and how to enroll in hospice care.

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     SECTION 2. Chapter 23-17.16 of the General Laws entitled "Home Care Patient Rights"

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is hereby amended by adding thereto the following section:

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     23-17.16-1-1. Legislative findings. -- The general assembly finds:

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     (1) Home health care is an important part of the quality of health care;

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     (2) Home health care permits patients to receive medical care and treatment in the

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community; and

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     (3) Home health care is cost efficient health care.

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     23-17.16.1-2. Definitions. - As used in this chapter:

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      (1) “Health care provider” means a person who is licensed, certified, or otherwise

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authorized by the laws of this state to administer health care in the ordinary course of business or

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practice of a profession.

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     (2) “Person” means an individual, corporation, business trust, estate, trust, partnership,

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association, government, governmental subdivision or agency, or any other legal entity.

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     23-17.16.1-3. Purpose. The purpose of home health care is:

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     (1) To avoid institutionalization;

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     (2) To shorten hospital stays;

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     (3) To speed recovery;

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     (4) To bridge care from health care facilities and primary care providers and specialty

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providers; and

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     (5) To allow patients to remain in the community.

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     SECTION 3. This act shall take effect upon passage.

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LC01426

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO HEALTH AND SAFETY - HOME CARE PATIENT RIGHTS

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     This act would establish legislative findings concerning home health care.

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     This act would take effect upon passage.

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LC01426

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