§ 23-17.16-2 Rights of home carepatients/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 andservices in a timely manner with consideration, dignity, respect and privacy.
(3) To accept or refuse care and to be informed of theconsequences of that action.
(4) To be free from mental or physical abuse, physicalpunishment, neglect, damage to or theft of property, or exploitation of anykind.
(5) To have his or her property treated with respect.
(6) To exercise his or her rights as a patient/client of thehome nursing care provider or home care provider agency. When thepatient/client is unable to exercise his or her rights, an agent or legalguardian may exercise the patient's/client's rights.
(7) To be informed, in advance, about the care to befurnished (and not to be furnished), the plan of care, and of any changes inthe care to be furnished before the change is made.
(8) To help plan the care and services received or to helpchange the care and services.
(9) To be advised in advance of the disciplines that willfurnish care, the frequency of visits proposed to be furnished, and the namesand qualifications of all individuals providing care.
(10) To receive information necessary to make decisions aboutcare (or to have a family member receive that information, as appropriate) andto have access to their records.
(11) To receive information and counseling about advanceddirectives such as the living will and durable power of attorney for healthcare, to formulate advanced directives, and to receive written informationabout the policy of the home nursing care provider or home care provider agencyon client advanced directives and state COMFORT ONE protocol.
(12) To have his or her personal and clinical records treatedand maintained in a confidential manner and to be advised by the agency of itspolicies and procedures regarding disclosure of clinical records.
(13) To be advised, before care is initiated, if the provideris 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 careprovider or home care provider agency services may be expected from insurance,government and other sources, and the extent to which payment may be requiredfrom the patient/client and the charges they will be required to pay.
(14) To be informed of the home nursing care provider or homecare provider agency's billing procedures and the patient/client paymentresponsibilities.
(15) To be informed of the home nursing care provider or homecare provider agency's ownership and control.
(16) To be informed of any experimental research orinvestigational activities and the right to refuse them.
(17) To voice grievances (or to have the patient's/client'sfamily or guardian voice grievances on the patient's/client's behalf if thepatient/client is unable to do so) regarding treatment or care that is (orfails to be) furnished, or regarding the lack of respect for property by anyonewho is furnishing services on behalf of the home nursing care provider or homecare provider agency; to be advised on how to voice grievances; and not to besubjected 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, regardingtreatment or care that is (or fails to be) furnished, or regarding the lack ofrespect for the patient/client or the patient's/client's property by anyonefurnishing services on behalf of the home nursing care provider or home careprovider agency, and the home nursing care provider or home care provideragency must document both the existence of the complaint and the resolution ofthe complaint.
(19) To be informed, in writing, of his or her rights toappeal a determination or decision made by the home nursing care provider orhome care provider agency with regard to eligibility for service, the types orlevels of service in the care plan, a termination or change in service, or ifthe patient/client feels that his or her rights under this chapter have beenviolated.
(20) To be advised, in writing, of the names, addresses, andtelephone numbers of the state ombudsperson, the attorney general's Medicaidfraud control unit, the state licensing agency and the availability of thestate toll-free home health hotline, the hours of its operation, and that thepurpose of the hotline is to receive complaints or questions about local homenursing care providers or home care providers.
(21) The patient/client shall have the right to receiveinformation concerning hospice care, including the benefits of hospice care,the cost, and how to enroll in hospice care.
§ 23-17.16-2 Rights of home carepatients/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 andservices in a timely manner with consideration, dignity, respect and privacy.
(3) To accept or refuse care and to be informed of theconsequences of that action.
(4) To be free from mental or physical abuse, physicalpunishment, neglect, damage to or theft of property, or exploitation of anykind.
(5) To have his or her property treated with respect.
(6) To exercise his or her rights as a patient/client of thehome nursing care provider or home care provider agency. When thepatient/client is unable to exercise his or her rights, an agent or legalguardian may exercise the patient's/client's rights.
(7) To be informed, in advance, about the care to befurnished (and not to be furnished), the plan of care, and of any changes inthe care to be furnished before the change is made.
(8) To help plan the care and services received or to helpchange the care and services.
(9) To be advised in advance of the disciplines that willfurnish care, the frequency of visits proposed to be furnished, and the namesand qualifications of all individuals providing care.
(10) To receive information necessary to make decisions aboutcare (or to have a family member receive that information, as appropriate) andto have access to their records.
(11) To receive information and counseling about advanceddirectives such as the living will and durable power of attorney for healthcare, to formulate advanced directives, and to receive written informationabout the policy of the home nursing care provider or home care provider agencyon client advanced directives and state COMFORT ONE protocol.
(12) To have his or her personal and clinical records treatedand maintained in a confidential manner and to be advised by the agency of itspolicies and procedures regarding disclosure of clinical records.
(13) To be advised, before care is initiated, if the provideris 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 careprovider or home care provider agency services may be expected from insurance,government and other sources, and the extent to which payment may be requiredfrom the patient/client and the charges they will be required to pay.
(14) To be informed of the home nursing care provider or homecare provider agency's billing procedures and the patient/client paymentresponsibilities.
(15) To be informed of the home nursing care provider or homecare provider agency's ownership and control.
(16) To be informed of any experimental research orinvestigational activities and the right to refuse them.
(17) To voice grievances (or to have the patient's/client'sfamily or guardian voice grievances on the patient's/client's behalf if thepatient/client is unable to do so) regarding treatment or care that is (orfails to be) furnished, or regarding the lack of respect for property by anyonewho is furnishing services on behalf of the home nursing care provider or homecare provider agency; to be advised on how to voice grievances; and not to besubjected 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, regardingtreatment or care that is (or fails to be) furnished, or regarding the lack ofrespect for the patient/client or the patient's/client's property by anyonefurnishing services on behalf of the home nursing care provider or home careprovider agency, and the home nursing care provider or home care provideragency must document both the existence of the complaint and the resolution ofthe complaint.
(19) To be informed, in writing, of his or her rights toappeal a determination or decision made by the home nursing care provider orhome care provider agency with regard to eligibility for service, the types orlevels of service in the care plan, a termination or change in service, or ifthe patient/client feels that his or her rights under this chapter have beenviolated.
(20) To be advised, in writing, of the names, addresses, andtelephone numbers of the state ombudsperson, the attorney general's Medicaidfraud control unit, the state licensing agency and the availability of thestate toll-free home health hotline, the hours of its operation, and that thepurpose of the hotline is to receive complaints or questions about local homenursing care providers or home care providers.
(21) The patient/client shall have the right to receiveinformation concerning hospice care, including the benefits of hospice care,the cost, and how to enroll in hospice care.
§ 23-17.16-2 Rights of home carepatients/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 andservices in a timely manner with consideration, dignity, respect and privacy.
(3) To accept or refuse care and to be informed of theconsequences of that action.
(4) To be free from mental or physical abuse, physicalpunishment, neglect, damage to or theft of property, or exploitation of anykind.
(5) To have his or her property treated with respect.
(6) To exercise his or her rights as a patient/client of thehome nursing care provider or home care provider agency. When thepatient/client is unable to exercise his or her rights, an agent or legalguardian may exercise the patient's/client's rights.
(7) To be informed, in advance, about the care to befurnished (and not to be furnished), the plan of care, and of any changes inthe care to be furnished before the change is made.
(8) To help plan the care and services received or to helpchange the care and services.
(9) To be advised in advance of the disciplines that willfurnish care, the frequency of visits proposed to be furnished, and the namesand qualifications of all individuals providing care.
(10) To receive information necessary to make decisions aboutcare (or to have a family member receive that information, as appropriate) andto have access to their records.
(11) To receive information and counseling about advanceddirectives such as the living will and durable power of attorney for healthcare, to formulate advanced directives, and to receive written informationabout the policy of the home nursing care provider or home care provider agencyon client advanced directives and state COMFORT ONE protocol.
(12) To have his or her personal and clinical records treatedand maintained in a confidential manner and to be advised by the agency of itspolicies and procedures regarding disclosure of clinical records.
(13) To be advised, before care is initiated, if the provideris 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 careprovider or home care provider agency services may be expected from insurance,government and other sources, and the extent to which payment may be requiredfrom the patient/client and the charges they will be required to pay.
(14) To be informed of the home nursing care provider or homecare provider agency's billing procedures and the patient/client paymentresponsibilities.
(15) To be informed of the home nursing care provider or homecare provider agency's ownership and control.
(16) To be informed of any experimental research orinvestigational activities and the right to refuse them.
(17) To voice grievances (or to have the patient's/client'sfamily or guardian voice grievances on the patient's/client's behalf if thepatient/client is unable to do so) regarding treatment or care that is (orfails to be) furnished, or regarding the lack of respect for property by anyonewho is furnishing services on behalf of the home nursing care provider or homecare provider agency; to be advised on how to voice grievances; and not to besubjected 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, regardingtreatment or care that is (or fails to be) furnished, or regarding the lack ofrespect for the patient/client or the patient's/client's property by anyonefurnishing services on behalf of the home nursing care provider or home careprovider agency, and the home nursing care provider or home care provideragency must document both the existence of the complaint and the resolution ofthe complaint.
(19) To be informed, in writing, of his or her rights toappeal a determination or decision made by the home nursing care provider orhome care provider agency with regard to eligibility for service, the types orlevels of service in the care plan, a termination or change in service, or ifthe patient/client feels that his or her rights under this chapter have beenviolated.
(20) To be advised, in writing, of the names, addresses, andtelephone numbers of the state ombudsperson, the attorney general's Medicaidfraud control unit, the state licensing agency and the availability of thestate toll-free home health hotline, the hours of its operation, and that thepurpose of the hotline is to receive complaints or questions about local homenursing care providers or home care providers.
(21) The patient/client shall have the right to receiveinformation concerning hospice care, including the benefits of hospice care,the cost, and how to enroll in hospice care.
