Home care patients rights & responsibilities

Home care patient bill of rights

Home care patients have a right to be notified in writing of their rights and obligations before treatment begins and to exercise those rights.  The patient’s family or guardian may exercise the patient’s rights when the patient has been judged incompetent. Advocate Home Health Services has an obligation to protect and promote the rights of their patients.

A right to dignity & respect

Home care patients and their caregivers have a right to not be discriminated against based on race, religion, ethnicity, language, culture, gender, sexual orientation, gender identity or expression, socioeconomic status, age, physical or mental ability or disability. If you feel your civil rights have been violated, you may file a written complaint with the Office of Civil Rights, https://www.hhs.gov/ocr/index.html complaints/index.html, or by contacting 312.886.2359 for more information.

Furthermore, patients and caregivers have a right to mutual respect and dignity, including respect for property. Advocate associates are prohibited from accepting tips, personal gifts and borrowing from patients.

Patients have the right to:

• have relationships with home care staff that are based on honesty and ethical standards of conduct.
• be involved in the resolution of ethical issues concerning their home care.
• be informed of the procedure they can follow to report a complaint to the home care provider about the care that is, or fails to be, furnished and about a lack of respect for property.
• know about the disposition of such complaints.
• voice their grievances without fear of discrimination or reprisal for having done so.
• be advised of the telephone number and hours of operation of the state’s home care “hot line” which receives questions and complaints about local home care agencies, including implementation of advance directive requirements.
• be free from neglect; exploitation; and verbal, mental, physical, and sexual abuse.
• receive information in a manner that they understand.
• be offered a qualified sign language interpreter to assist you in communicating with us.
• an environment that preserves dignity and contributes to a positive self-image.

Decision-making

Patients have the right to:

• be notified in advance about the care that is to be furnished, the types of caregivers who will provide care, and the frequency of the visits that are proposed.
• be advised of any change in the plan of care before the change is made; for Medicare patients, a written notice will be given prior to discharge.
• participate in the planning of the care and in planning changes in the care, and to be advised that they have the right to do so.
• give or withhold informed consent.
• be informed in writing of rights under state law to make decisions concerning medical care, including the right to accept or refuse treatment and the right to formulate advance directives.
• be informed in writing of policies and procedures for implementing advance directives, including any limitations if the provider cannot implement an advance directive on the basis of conscience.
• have health care providers comply with advance directives in accordance with state law requirements.
• receive care without condition on, or discrimination based on, the execution of advance directives.
• refuse service without fear of reprisal or discrimination.
• be involved in decisions to withhold resuscitation and forego or withdraw life-sustaining care.

Privacy

Patients have the right to:

• confidentiality of the medical record as well as information about their health, social, and financial circumstances and about what takes place in the home.
• expect the home care provider to release information only as required by law or authorized by the patient and to be informed of procedures for disclosure (See Advocate Notice of Privacy Practices in your front pocket.).
• access, request amendment to, and obtain information on disclosures of his or her health.
• receive a copy of the Privacy Act Statement for Health Care Records and patient privacy rights for OASIS.

Financial responsibility

Patients have the right to:

• be informed of the extent to which payment may be expected from Medicare, Medicaid, or any other payor known to the home care provider.
• be informed of the charges that will not be covered by Medicare.
• be informed of the charges for which the patient may be liable.
• receive this information, orally and in writing, before the care is initiated and within 30 calendar days of the date the home care provider becomes aware of any changes.
• have access, upon request, to all bills for service the patient has received regardless of whether the bills are paid out-of-pocket or by another party.

Quality of care

Patients have the right to:

• receive care of the highest quality.
• be admitted by Advocate only if it has the resources needed to provide the care safely and at the required level of intensity, as determined by a professional assessment; and by informing the patient of any limitations so an informed decision can be made regarding service.
• appropriate assessment and management of pain.
• be told what to do in the case of emergency.

Advocate Home Health Services shall ensure that:

• all medically related home care is provided in accordance with physician’s orders and that a plan of care specifies the services and their frequency and duration.
• all medically related personal care is provided by an appropriately trained home care aide who is supervised by a nurse or other qualified home care professional.
• patients participate in prompt and orderly transfer to other organizations or level of care and service.
• complaints are reviewed by the organization.
• our associates have a safe working environment. We reserve the right to have our staff be accompanied by a security escort when we deem necessary.
• video surveillance, used in a home by a patient or patient’s family, must be disclosed. Our staff will discuss your reason for videotaping. Our associates have the right not to be videotaped. It is our right to discharge a patient for this reason.

Patient responsibility

Patients have the responsibility to:

• provide information. We ask that you provide our staff with complete and accurate information about your current condition and medications, past health history, and advance directives. While on service, please notify us of any change in your condition or changes in your home environment. This includes change of caregiver(s), medication changes, symptoms, equipment needs, or a visit to the physician's office, hospital, or emergency room.
• participate in your plan of care and follow instructions. We ask that you take an active role in your home care. We will adapt the plan to meet your needs whenever possible. Please notify us of any concerns you have about following the plan of care so we may explain the consequences of not complying with the plan of care. Patients and families are responsible for the outcomes when the plan of care is not followed.
• ask questions. Please ask questions if you do not understand your care, treatment, or service.
• follow policies and procedures. We will review important information about our services with you. You can read the orientation packet to become more familiar with home health services and safety recommendations.
• show respect and consideration for our staff and property. If you are unable to keep a scheduled appointment, please notify the office so it can be rescheduled. We ask that you provide a safe environment for the delivery of care and services by our home health staff.
• call the office to reschedule your visit if our staff attempts to make a visit and places a hang tag on your door because you are not available.
• meet financial commitments. Notify us if there are any changes to your insurance coverage.
• share expectations and provide feedback on the services you receive. Advise us if you have any problems or complaints so we may resolve them to your satisfaction.

Advocate Home Health Services, or the patient’s physician, may refer the patient to another source of care if the patient’s refusal to comply with the plan of care threatens to compromise Advocate’s commitment to safety and quality care.