Introduced By: Representatives Ginaitt, Hensler, Kelso and Reilly
Date Introduced : January 22, 1998
It is enacted by the General Assembly as follows:
SECTION 1. Title 23 of the General Laws entitled "Health and Safety" is hereby amended by adding thereto the following chapter:
{ADD 23-17.16-1. Written notice of rights of home care patients/clients. -- ADD} {ADD 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 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 recognized church or religious denomination. ADD}
{ADD 23-17.16-2. Rights of home care patients/clients. -- ADD} {ADD Each home care patient/client has the following rights: ADD}
{ADD (1) To receive services without regard to race, creed, color, gender, sexual orientation, age, disability, or source of payment. ADD}
{ADD (2) To receive safe, appropriate and high quality care and services in a timely manner with consideration, dignity, respect and privacy. ADD}
{ADD (3) To accept or refuse care and to be informed of the consequences of such action. ADD}
{ADD (4) To be free from mental or physical abuse, physical punishment, neglect, damage to or theft of property, or exploitation of any kind. ADD}
{ADD (5) To have his or her property treated with respect. ADD}
{ADD (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. ADD}
{ADD (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. ADD}
{ADD (8) To help plan the care and services received or to help change the care and services. ADD}
{ADD (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. ADD}
{ADD (10) To receive information necessary to make decisions about care (or to have a family member receive such information, as appropriate) and to have access to their records. ADD}
{ADD (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. ADD}
{ADD (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. ADD}
{ADD (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. ADD}
{ADD (14) To be informed of the home nursing care provider or home care provider agency's billing procedures and the patient/client payment responsibilities. ADD}
{ADD (15) To be informed of the home nursing care provider or home care provider agency's ownership and control. ADD}
{ADD (16) To be informed of any experimental research or investigational activities and the right to refuse such. ADD}
{ADD (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. ADD}
{ADD (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. ADD}
{ADD (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. ADD}
{ADD (20) To be advised in writing of 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. ADD}
SECTION 2. This act shall take effect upon passage.
