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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