Written Notice of Home Health Consumer Rights

As a consumer of Home Health and services you are entitled to receive notification of the following rights both orally and in writing. You have the right to exercise the following rights without retribution or retaliation from agency staff:

1.  Receive written information concerning the agency’s policies on advance directives, including a description of applicable state law;

 2.  Receive information about the care and services to be furnished, the disciplines that will furnish care, the frequency of proposed visits in advance and receive information about any changes in the care and services to be furnished;

3.  Receive care and services from the agency without discrimination based upon personal, cultural or ethnic preference, disabilities or whether you have formulated an advance directive;

4.  Authorize a representative to exercise your rights as a consumer of Home Health;

5.  Be informed of the full name, licensure status, staff position and employer of all persons supplying, staffing or supervising the care and services you receive;

6.  Be informed and participate in planning care and services and receive care and services from staff who are properly trained and competent to perform their duties;

7.  Refuse treatment within the confines of the law and be informed of the consequences of such action;

8.  Participate in experimental research only upon your voluntary written consent;

9.  Have you and your property to be treated with respect and be free from neglect, financial exploitation, verbal, physical and psychological abuse including humiliation, intimidation or punishment;

10.  Be free from involuntary confinement, and from physical or chemical restraints;

11.  Be ensured of the confidentiality of all of your records, communications, and personal information and to be informed of the agency's policies and procedures regarding disclosure of clinical information and records;

12.  Express complaints verbally or in writing about services or care that is or is not furnished, or about the lack of respect for your person orproperty by anyone who is furnishing services on behalf of the agency.

Expanded Patient Rights and Responsibilities

 The Agency will provide the patient and the patient’s legal representative (if any) with a written notice of the patient's rights during the initial evaluation visit, in advance of furnishing care to the patient. You have the right to exercise the following rights without retribution or retaliation from agency staff:

 The Agency will provide contact information on the Agency’s Administrator including Administrator’s name, business address, and business phone number in order to receive complaints.  

The Agency will provide an OASIS privacy notice to all patients for whom the OASIS data is collected.  

The Agency will provide a written notice of the patient’s rights and responsibilities under this rule and the Agency’s transfer and discharge policies to a patient-selected representative within 1 business days of the initial evaluation visit. 

The patient and representative (if any) have the right to be informed of the patient’s rights and must be written in a language and manner the individual understands.  

Written notice must be understandable to persons who have limited English proficiency and accessible to individuals with disabilities.  

Verbal notice of the patient’s rights and responsibilities in the individual’s primary or preferred language and in a manner the individual understands must be provided free of charge, with the use of a competent interpreter if necessary, no later than the completion of the second visit from a skilled professional.  

The Agency will provide written information concerning its policies on Advance Directives, prior to care being provided. 

The Agency will obtain the patient’s or legal representative’s signature confirming that he or she has received a copy of the notice of rights and responsibilities. 

The patient has the right to:  

1. Have his or her property and person treated with respect 

2. Be free from verbal, mental, sexual, and physical abuse, including injuries of unknown source, neglect and misappropriation of property;   

3. Make complaints to the Agency 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 Agency. 

4. Participate in, be informed about, and consent or refuse care in advance of and during treatment, where appropriate, with respect to:

• Completion of all assessments;

• The care to be furnished, based on the comprehensive assessment;

• Establishing and revising the plan of care;

• The disciplines that will furnish the care;

• The frequency of visits;

• Expected outcomes of care, including patient-identified goals, and anticipated risks and benefits;

• Any factors that could impact treatment effectiveness; and

• Any changes in the care to be furnished 

5. Receive all services outlined in the plan of care. 

6. Have a confidential clinical record and access to or release of patient information and clinical records as permitted. 

7. Be advised of:

• The extent to which payment for the Agency services may be expected from Medicare, Medicaid, or any other federally funded or federal aid program known to the Agency;    

• The charges for services that may not be covered by Medicare, Medicaid, or any other federally-funded or federal aid program known to the Agency;

• The charges the individual may have to pay before care is initiated; and

• Any changes in the information provided in accordance with 42 CFR 484.50(c)(7) of this section when   they occur.

• The Agency must advise the patient and representative (if any), of these changes as soon as possible, in advance of the next Home Health visit. The Agency must comply with the patient notice requirements at 42 CFR 411.408(d)(2) and 42 CFR 411.408(f) 

8. Receive proper written notice, in advance of a specific service being furnished, if the Agency believes that the service may be non-covered care; or in advance of the Agency reducing or terminating on-going care. The Agency must also comply with the requirements of 42 CFR 405.1200 through 405. 

9. 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 Home Health Agencies. 

10. 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:

• Agency on Aging

• Center for Independent Living

• Protection and Advocacy Agency

• Aging and Disability Resource Center

• Quality Improvement Organization

 11. Be free from any discrimination or reprisal for exercising his or her rights or for voicing grievances to the Agency or an outside entity.

12. Be informed of the right to access auxiliary aids and language services as described in paragraph (f) of this section, and how to access these services.

13. Be able to identify visiting personnel members through agency generated photo identification.

14. Choose a health care provider, including an attending physician.

15. Receive appropriate care without discrimination in accordance with physician orders.

16. Be informed of any financial benefits when referred to an Agency.

17. When additional state or federal regulations exist regarding patient rights, the Agency’s Patient Rights and Responsibilities statement must include those components.

18. The patient has the right to be informed and exercise their rights as a patient of the Agency.

19. If the patient has been adjudged to lack legal capacity to make health care decisions as established by state law by a court of proper jurisdiction, the rights of the patient may be exercised by the person appointed to act on the patient's behalf. If a state court has not adjudged a patient to lack legal capacity to make health care decisions as defined by state law, the patient’s representative may exercise the patient's rights. If a patient has been adjudged to lack legal capacity to make health care decisions under state law by a court of proper jurisdiction, the patient may exercise his or her rights to the extent allowed by court order.

 Patient responsibilities include:

1.     Give truthful and accurate information;

2.     Notify the agency of any unexpected changes in their condition, e.g., hospitalization, changes in the plan of care, symptoms to be reported, etc.

3.     Notify the agency in advance if you cannot keep appointments, visits need to be changed;

4.     Follow through with the care plan and referrals agreed upon;

5.     Inform the agency if you have a Living Will, Durable Medical Power of Attorney or Do Not Resuscitate wishes.

6.     Notify the agency of changes in significant information such as your condition or advance directives;

7.     Advise the Agency of any problems or dissatisfactions with the services provided.

8.     Provide a safe environment for care.

9.     Ask questions about care or services

10.  To carry out mutually agreed responsibilities; and

11.  To accept the consequences for the outcomes if the patient does not follow the plan of care.

HIPAA NOTICE OF PRIVACY PRACTICES - In compliance with HIPAA – The Health Insurance Portability and Accountability act of 1996

If you are a client of, We Care Home Health, this notice describes how your medical information may be used and disclosed and how you can get access to this information. Please review this notice carefully.

 I.  USES AND DISCLOSURES

We Care Home Health will not disclose your health information without your authorization, except as described in this notice.

Plan of Care/Treatment. We Care Home Health will use your health information for the plan of care/treatment; for example, information obtained by a nurse/therapist will be recorded in our record and used to determine the course of treatment. Your nurse and other personal assistance staff will communicate with one another personally and through the case record to coordinate care provided.

Payment. We Care Home Health will use your health information for payment for services rendered. For example, the agency may be required by your health insurer to provide information regarding your health care status so that the insurer will reimburse you or We Care Home Health. The agency may also need to obtain prior approval from your insurer and may need to explain to the insurer your need for personal assistance services and the services that will be provided to you.

Health Care Operations. We Care Home Health will use your health information for personal assistance services operations. For example, agency nurses, field staff, supervisors and support staff may use information in your case record to assess the care and outcomes of your case and others like it. This information will then be used in an effort to continually improve the quality and effectiveness of services we provide. Regulatory and accrediting organizations may review your case record to ensure compliance with their requirements. 

Notification. In an emergency, We Care Home Health may use or disclose health information to notify or assist in notifying a family member, personal representative or another person responsible for your care, of your location and general condition.

Public Health.  As required by federal and state law, Agency may disclose your health information to public health or legal authorities charged with preventing or controlling disease, injury or disability.

Law Enforcement.  As required by federal and state law the agency will notify authorities of alleged abuse/neglect; and risk or threat of harm to self or others. We may disclose health information for law enforcement purposes as required by law or in response to a valid subpoena.

Charges against the Agency. In the event you should file suit against Agency, the agency may disclose health information necessary to defend such action.

Duty to Warn.  When a client communicates to We Care Home Health a serious threat of physical violence against himself, herself or a reasonably identifiable victim or victims, the agency will notify either the threatened person(s) and/or law enforcement.

We Care Home Health may also contact you about appointment reminders, treatment alternatives or for public relations activities.

In any other situation, We Care Home Health will request your written authorization before using or disclosing any identifiable health information about you.  If you choose to sign such authorization to disclose information, you can revoke that authorization to stop any future uses and disclosures.

II. INDIVIDUAL RIGHTS

You have the following rights with respect to your protected health information:

1.  You may request in writing that Agency not use or disclose your information for treatment, payment or administration purposes or to persons involved in your care except when specifically authorized by you when required by law, or in emergency situation.  The agency will consider your request; however, We Care Home Health is not legally required to accept it. You have the right to request that your health information be communicated to you in a confidential manner such as sending mail to an address other than your home.

2.  Within the limits of the statutes and regulation, you have the right to inspect and copy your protected health information.  If you request copies, We Care Home Health will charge you a reasonable amount, as allowed by statute.

3.  If you believe that information in your record is incorrect or if important information is missing, you have the right to submit a request to Agency to amend your protected health information by correcting the existing information or adding the missing information.

4.  You have the right to receive an accounting of disclosures of your protected health information made by the agency for certain reasons, including reason related to public purposes authorized by law and certain research. The request for an accounting must be made in writing to Privacy Officer. The request should specify the time period for the accounting starting on or after April 14, 2003. Accounting request may not be made for periods of time in excess of six (6) years. The agency would provide the first accounting you request during any 12-month period without charge. Subsequent accounting request may be subject to a reasonable cost based fee.

5.  If this notice was sent to you electronically, you may obtain a paper copy of the notice upon request to the agency.

III.  AGENCY’S DUTIES

1.  Agency is required by law to maintain the privacy of protected health information and to provide individuals with notice of its legal duties and privacy practices with respect to protected health information.

2.  The agency is required to abide by the terms of this Notice of its duties and privacy practices. The agency is required to abide by the terms of this Notice as may be amended from time to time.

3.  Agency reserves the right to change the terms of this Notice and to make the new Notice provisions effective for all protected health information that it maintains. Prior to making any significant changes in our policies, We Care Home Health will change its Notice and provide you with a copy. You can also request a copy of our Notice at any time. For more information about our privacy practices, please contact the office (720) 727-1141.

IV. COMPLAINTS

If you are concerned that We Care Home Health has violated your privacy rights, or you disagree with a decision the agency made about access to your records, you may contact the office at (720) 727-1141. You may also send a written complain to the Federal Department of Health and Human Services.  the agency’s office staff can provide you with the appropriate address upon request. Under no circumstances will you be retaliated against for filing a complaint.

V.  CONTACT INFORMATION

We Care Home Health is required by law to protect the privacy of your information, provide this Notice about our information practices, and follow the information practices that are described in the Notice.