Home Care Patient Rights and Responsibilities

Home Care Patient Rights and Responsibilities

Marshall Medical Center Mission Statement

  • Our patient's come first. All other values are overshadowed by the proper care of those who entrust their lives to us.
  • Medicine is a science. Our medical staff utilizes the best medical technology available. We strive for continued improvement in all aspects of patient care, pursuing growth in our collective expertise.
  • Healing is an art. Scientific medicine flourishes best in a healing environment. In a healing environment, patients and their families are an essential part of our healthcare team.
  • Walls do not define our hospital. The doors we open define it. Outreach and collaboration with other healthcare organizations is one of our highest priorities.
  • We bequeath this hospital to future generations. Our community is best served by institutions that are locally owned and
    managed.

As a patient you have the right to:

  • Be informed of your rights and responsibilities, including transfer and discharge policies, in a language and in a manner which you understand; and to have verbal notice of these rights provided, free of charge, with the use of a competent interpreter if necessary, no later than the completion of the second skilled visit. And which are accessible and timely to persons with disabilities, including accessible websites, and the provision of auxiliary aides and services; and to persons with limited English proficiency including the provision of oral interpretation and written translations; and how to access these services,
  • Have the name, business address and phone number, of the Home Care Director in order to receive complaints.
  • Receive an OASIS privacy notice if OASIS data is collected.
  • To have written notice of your rights and responsibilities, including transfer and discharge policies, provided to a representative of your selection within 4 days of your initial visit.
  • If you have been adjudged to lack legal capacity to make health care decisions, your rights may be exercised by the person appointed by the state or you may exercise your rights to the extent allowed by court order.
  • If you have not been adjudged to lack legal capacity, your selected representative may exercise your rights.

Rights of the patient:

  • Have his or her property and person treated with respect
  • Be free from verbal, mental, sexual, and physical abuse, including injuries of unknown source, neglect and misappropriation of property
  • Make complaints to the home health agency (HHA) regarding treatment or care that is (or fails to be) furnished, and the lack of respect for property and/or person by anyone who is furnishing services on behalf of the HHA
  • Participate in, be informed about, and consent or refuse care in advance of and during treatment, where appropriate, with respect to- (i) Completion of all assessments; (ii) The care to be furnished, based on the comprehensive assessment; (iii) Establishing and revising the plan of care; (iv) The disciplines that will furnish the care; (v) The frequency of visits; (vi) Expected outcomes of care, including patient-identified goals, and anticipated risks and benefits; (vii) Any factors that could impact treatment effectiveness; and (viii) Any changes in the care to be furnished.
  • Receive all services outlined in the plan of care.
  • 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
  • Be advised of- (i) 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, (ii) The charges for services that may not be covered by Medicare, Medicaid, or any other federally-funded or federal aid program known to the HHA, (iii) The charges the individual may have to pay before care is initiated; and (iv) Any changes in the information provided in this paragraph when they occur. The HHA must advise the patient and representative (if any), of these changes as soon as possible, in advance of the next home health visit. The HHA must comply with the patient notice requirements at 42 CFR 411.408(d)(2) and 42 CFR 411.408(f)
  • 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. The HHA must also comply with the requirements of 42 CFR 405.1200 through 405.1204.
  • Be advised of the state toll free home health telephone hot line, its contact information, its hours of operation, and that its purpose is to receive complaints or questions about local HHAs.
  • 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: (i) Agency on Aging, (ii) Center for Independent Living, (iii) Protection and Advocacy Agency, (iv) Aging and Disability Resource Center; and (v) Quality Improvement Organization.
  • Be free from any discrimination or reprisal for exercising his or her rights or for voicing grievances to the HHA or an outside entity.
  • To be informed of the HHA's policies for transfer and discharge. The HHA may only transfer or discharge the patient from the HHA if: (1) 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 HHA must arrange a safe and appropriate transfer to other care entities when the needs of the patient exceed the HHA's capabilities; (2) The patient or payer will no longer pay for the services provided by the HHA; (3) 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 in accordance with the applicable rules and regulations 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; (4) The patient refuses services, or elects to be transferred or discharged; (5) The HHA determines, under a policy set by the HHA for the purpose of addressing discharge for cause that meets the requirements of the applicable rules and regulations, 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. The HHA must do the following before it discharges a patient for cause: (i) Advise the patient, representative (if any), the physician(s) issuing orders for the home health plan of care, and the patient's primary care practitioner or other health care professional who will be responsible for providing care and services to the patient after discharge from the HHA (if any) that a discharge for cause is being considered; (ii) Make efforts to resolve the problem(s) presented by the patient's behavior, the behavior of other persons in the patient's home, or situation; (iii) Provide the patient and representative (if any), with contact information for other agencies or providers who may be able to provide care; and (iv) Document the problem(s) and efforts made to resolve the problem(s), and enter this documentation into its clinical records; (6) The patient dies; or (7) The HHA ceases to operate.

As a patient you have the responsibility to:

  • Remain under a doctor's care while receiving agency services.
  • Provide the agency with complete and accurate health information and to report any unexpected changes in the patient's condition.
  • Sign the required consents prior to care being given or received.
  • Ask the questions about care or services if you need further understanding or clarification.
  • Treat agency staff and other personnel with respect and consideration.
  • Notify the agency when you can not keep appointments.
  • Accept the consequences of refusal of treatment or choice of non-compliance.
  • Participate in the planning of your care.
  • Provide a safe environment for the agency staff.
  • Provide the agency with a copy of advance directives, if applicable.
  • Meet financial commitments by promptly meeting any financial obligation agreed upon with the organization.

If you should have a question or concern regarding the services from Marshall Home Care, you may contact the Director at (530) 626-2900. The Department of Public Health maintains a toll-free number for questions or complaints regarding Home Health Agencies. [You may contact the Department of Public Health 24 hours a day seven day a week at 1-800-554-0354 or send a letter to 3901 Lennane Drive, Suite 210, Sacramento, CA 95834-1922. You will not be subject to any reprisals or discrimination.

Should you require language or other accessibility services, please notify your clinician or the home care office at (530) 626-2900 for assistance at no charge.

Ethics/Grievance Procedure

Any patient complaint or question of an ethical nature should be registered with the QAPI Specialist. If the complaint is unresolved at this level, the patient/family should then contact, in writing, the Director of Patient Care Services, and if still unresolved, the Administrator. A decision by the Administrator is binding and final. Each level must respond within five (5) working days. No reprisal will result from any complaint.

For more information about Marshall’s Home Health Services, you can contact us at (530) 626-2900.