client Rights

As a Home Care provider, we have an obligation to protect your rights and explain these rights to you in a way you can understand before treatment begins and on an ongoing basis, as needed. Your family or your guardian may exercise these rights for you in the event that you are not competent or able to exercise them for yourself.

YOU HAVE THE RIGHT TO:

ETHICAL STANDARDS AND CONDUCT – to have a relationship with our staff that is based on honesty and ethical standards of conduct. To have ethical issues addressed, and inform you of any financial benefit we receive if we refer you to another organization, service, individual or other reciprocal relationship;

Both patient and caregiver have a right to mutual respect and dignity. Our staff is prohibited from accepting gifts or borrowing from you;

•      BE FREE FROM ABUSE - to be free from mental, physical, sexual and verbal abuse, neglect and exploitation;

•      RESPECT - to have cultural, psychosocial, spiritual and personal values, beliefs and preferences respected. You will not be discriminated against based on social status, political belief, sexual preference, race, color, religion, national origin, age, sex or handicap;

•      HAVE YOUR COMMUNICATION NEEDS MET - to receive information in a manner that you can understand;

•      LODGE COMPLAINTS - to have your or your family’s complaints heard, reviewed and if possible resolved concerning care that is or should have been furnished. You, your family and staff have the right to know about the results of such complaints. Our complaint resolution process regarding care, services or a lack of respect for property is explained;

•      NO REPRISALS - to voice grievances without fear of coercion, discrimination or reprisal. To expect no unreasonable interruption of care, treatment or services for voicing grievances; and

•      STATE HOTLINE - to be advised of the telephone number and hours of the State’s Home Care “Hotline” which receives complaints or questions about local home care agencies. The hotline also receives complaints concerning the implementation of advance directive requirements. The hot line will be answered 24 hours per day.

•      Phone: 1-800-955-1819. You may also send complaints to:

Director, Department of Aging and Disabilities Services

Home and Community Support Services Agencies

1610 forest Ave, suite 100

Richmond, VA, 23229

 DECISION MAKING - YOU HAVE THE RIGHT TO:

•      CHOOSE YOUR HEALTH CARE PROVIDERS and communicate with those providers;

•      INFORMATION ABOUT YOUR CARE  to be informed about the care that is to be furnished, names and responsibilities of caregivers providing care, treatment or services, planned frequency of services, expected and unexpected outcomes, potential risks or problems and barriers to treatment;

•         BE NOTIFIED OF CHANGES TO YOUR CARE to be advised of any change in your plan of care before the change is made;

•      PLAN YOUR CARE - to actively participate in the planning of your care treatment and services. To participate in changing the plan whenever possible and to the extent that you are competent to do so;

•      HAVE FAMILY INVOLVED IN DECISION MAKING as appropriate, concerning your care, treatment and services, when approved by you or your surrogate decision maker and when allowed by law;

•      ACCEPT OR REFUSE TREATMENT - to be informed in writing of your rights under State law to make decisions concerning medical care, including your right to accept or refuse treatment and your right to formulate advance directives;

•      PARTICIPATE OR REFUSE TO PARTICIPATE IN RESEARCH - investigational or experimental studies or clinical trials. Your access to care, treatment and services will not be affected if you refuse or discontinue participation in research;

•      IMPLEMENT ADVANCE DIRECTIVES - to be informed in writing of policies and procedures for implementing advance directives. You will be informed if we cannot implement an advance directive on the basis of conscience;

•      ADDRESS YOUR WISHES CONCERNING END OF LIFE DECISIONS- to have health care providers comply with your advance directives in accordance with state laws and receive care without conditions or discrimination based on the execution of advance directives;

•         REFUSE SERVICES - to refuse or discontinue care, treatment and services without fear of reprisal or discrimination. You may refuse part or all of care/services to the extent permitted by law. However, should you refuse to comply with the plan of care and your refusal threatens to compromise our commitment to quality care, then we or your physician may be forced to discharge you from our services and refer you to another source of care.

PRIVACY AND SECURITY - YOU HAVE THE RIGHT TO:

• PRIVACY AND SECURITY - to respect your property, personal privacy and security during home care visits. You have a right to unlimited contact with visitors and others and to communicate privately with these persons;

·        CONFIDENTIALITY- to confidentiality of written, verbal and electronic information including your medical records, information about your health, social and financial circumstances or about what takes place in your home;

•      HEALTH INFORMATION - to access, request changes to and receive an accounting of disclosures regarding your own health information as permitted by law; and

•      RELEASE OF INFORMATION - to request us to release information written about you only as required by law or your written authorization.

ü  Our Notice of Privacy Practices describes your rights in detail.

FINANCIAL INFORMATION -YOU HAVE THE RIGHT TO:

•            INSURANCE INFORMATION - to be informed of the extent to which payment may be expected from Medicare, Medicaid or any other payor known to us before any care is delivered;

•      KNOW OF CHARGES NOT COVERED BY MEDICARE - to be informed of the charges that will not be covered by Medicare before any care is delivered;

•         KNOW OF CHARGES NOT COVERED - to be informed verbally and in writing at the time of admission, the approximate maximum dollar amount, if any, of care or services to be borne by the patient;

•         RECEIVE INFORMATION WITHIN 30 DAYS - to receive this information verbally and in writing, before care is initiated and within 30 calendar days of the date the home care provider becomes aware of any changes in charges; and

•         HAVE ACCESS TO ALL BILLS - to have access, upon request, to all bills for services you have received regardless of whether the bills are paid out-of-pocket or by another party.

QUALITY OF CARE -YOU HAVE THE RIGHT TO:

•         RECEIVE HIGH QUALITY CARE to receive care of the highest quality;

•      PAIN MANAGEMENT - to education about you and your family’s role in managing pain when appropriate, as well as potential limitations and side effects of pain treatments;

•         BE ADMITTED ONLY IF WE CAN PROVIDE THE CARE YOU NEED - A qualified staff member will assess your needs. If you require care or services that we do not have the resources to provide, we will inform you, and refer you to alternative services, if available; or admit you, but only after explaining our limitations and the lack of a suitable alternative; and

•      RECEIVE EMERGENCY INSTRUCTIONS - to be told what to do in case of an emergency.

 VIRGINIA RIGHTS OF THE ELDERLY  

§ 102.002. PROHIBITION:

(a) A person providing services to the elderly may not deny an elderly individual a right guaranteed by this chapter.

(b) Each agency that licenses, registers, or certifies a person providing services shall require the person to implement and enforce this chapter. A violation of this chapter is grounds for suspension or revocation of the license, registration, or certification of a person providing services.

Sec. 102.003. RIGHTS OF THE ELDERLY.

(a) An elderly individual has all the rights, benefits, responsibilities, and privileges granted by the constitution and laws of this state and the United States, except where lawfully restricted. The elderly individual has the right to be free of interference, coercion, discrimination, and reprisal in exercising these civil rights.

(b) An elderly individual has the right to be treated with dignity and respect for the personal integrity of the individual, without regard to race, religion, national origin, sex, sexual orientation, age, disability, marital status, or source of payment. This means that the elderly individual:

(1)  has the right to make the individual’s own choices regarding the individual’s personal affairs, care, benefits, and services;

(2)  has the right to be free from abuse, neglect, and exploitation; and

  (3) if protective measures are required, has the right to designate a guardian or representative to ensure the right to quality stewardship of the individual’s affairs.

(c) An elderly individual has the right to be free from physical and mental abuse, including corporal punishment or physical or chemical restraints that are administered for the purpose of discipline or convenience and not required to treat the individual’s medical symptoms. A person providing services may use physical or chemical restraints only if the use is authorized in writing by a physician or the use is necessary in an emergency to protect the elderly individual or others from injury. A physician’s written authorization for the use of restraints must specify the circumstances under which the restraints may be used and the duration for which the restraints may be used. Except in an emergency, restraints may only be administered by qualified medical personnel.

(d) A mentally retarded elderly individual with a court-appointed guardian of the person may participate in a behavior modification program involving use of restraints or adverse stimuli only with the informed consent of the guardian.

(e) An elderly individual may not be prohibited from communicating in the individual’s native language with other individuals or employees for the purpose of acquiring or providing any type of treatment, care, or services.

(f) An elderly individual may complain about the individual’s care or treatment. The complaint may be made anonymously or communicated by a person designated by the elderly individual. The person providing service shall promptly respond to resolve the complaint. The person providing services may not discriminate or take other punitive action against an elderly individual who makes a complaint.

(g) An elderly individual is entitled to privacy while attending to personal needs and a private place for receiving visitors or associating with other individuals unless providing privacy would infringe on the rights of other individuals. This right applies to medical treatment, written communications, telephone conversations, meeting with family, and access to resident councils. An elderly person may send and receive unopened mail, and the person providing services shall ensure that the individual’s mail is sent and delivered promptly. If an elderly individual is married, and the spouse is receiving similar services, the couple may share a room.

(h) An elderly individual may participate in activities of social, religious, or community groups unless the participation interferes with the rights of other persons.

(i)         An elderly individual may manage the individual’s personal financial affairs. The elderly individual may authorize in writing another person to manage the individual’s money. The elderly individual may choose the manner in which the individual’s money is managed, including a money management program, a representative payee program, a financial power of attorney, a trust, or a similar method, and the individual may choose the least restrictive of these methods. A person designated to manage an elderly individual’s money shall do so in accordance with each applicable program policy, law, or rule. On request of the elderly individual or the individual’s representative, the person designated to manage the elderly individual’s money shall make available the related financial records and provide an accounting of the money. An elderly individual’s designation of another person to manage the individual’s money does not affect the individual’s able to exercise another right described by this chapter. If an elderly individual is unable to designate another person to manage the individual’s affairs, and a guardian is designated by a court, the guardian shall manage the individual’s money in accordance with the Probate Code and other applicable laws.

(J)  An elderly individual is entitled to access to the individual’s personal and clinical records. These records are confidential and may not be released without the elderly individual’s consent, except the records may be released:

(1)  to another person providing services at the time the elderly individual is transferred; or

(2)   if the release is required by another law.

(k) A person providing services shall fully inform an elderly individual, in language that the individual can understand, of the individual’s total medical condition and shall notify the individual whenever there is a significant change in the person’s medical condition.

(l)  An elderly individual may choose and retain q personal physician and is entitled to be fully informed in advance about treatment or care that may affect the individual’s well-being.

(m) An elderly individual may participate in an individual plan of care that describes the   individual’s medical, nursing, and psychological needs and how the needs will be met

(n) An elderly individual may refuse medical treatment after the elderly individual:

(1)   is advised by the person providing services of the possible consequences of refusing treatment; and

(2) acknowledges that the individual clearly understands the consequences of refusing treatment.

(o) An elderly individual may retain and use personal possessions, including clothing and furnishings, as space permits. The number of personal possessions may be limited for the health and safety of other individuals.

(p) An elderly individual may refuse to perform services for the person providing services.

(q) Not later than the 30th day after the date the elderly individual is admitted for service, a person providing services shall inform the individual:

(1)   whether the individual is entitled to benefits under Medicare or Medicaid; and

(2)   which items and services are covered by these benefits, including items or services for which the elderly individual may not be charged

(r)  A person providing services may not transfer or discharge an elderly individual unless:

(1)   the transfer is for the elderly individual’s welfare, and the individual’s needs cannot be met by the person providing services;

(2)              the elderly individual’s health is improved sufficiently so that services are no longer needed;

(3)   the elderly individual’s health and safety or the health and safety of another individual would be endangered  of the transfer or discharge was not made;

(4)   the person providing services ceases to operate or to participate in the program that reimburses the person providing services for the elderly individual’s treatment or care; or

(5)   the elderly individual fails, after reasonable and appropriate notices, to pay for services.

(s)  Except in an emergency, a person providing services may not transfer or discharge an elderly individual from a residential facility until the 30th day after the date the person providing services provides written notice to the elderly individual, the individual’s legal representative, or a member of the individual’s family stating:

(1)   that the person providing services intends to transfer or to discharge the elderly individual;

(2)   the reason for the transfer or discharge listed in Subsection (r);

      (3)  the effective date of the transfer or discharge;

(4)  if the individual is to be transferred, the location to which the individual will be transferred; and

(5)  the individual’s right to appeal the action and the person to whom the appeal should be directed.

(t)  An elderly individual may:

(1)   make a living will by executing a directive under the Natural Death Act (Chapter 672, Health and Safety Code);

(2)  execute a medical power of attorney for health care under Chapter 135, Civil Practice and Remedies Code; or

(3)  designate a guardian in advance of need to make decisions regarding the individual’s health care should the individual become incapacitated.

§ 102.004. LIST OF RIGHTS.

(a) A person providing services shall provide each elderly individual with a written list of the individual’s rights and responsibilities, including each provision of Section 102.003, before providing services or as soon after providing services as possible, and shall post the list in a conspicuous location.

(b) A person providing services must inform an elderly individual of changes or revisions in the list.

§ 102.005. RIGHTS CUMULATIVE.

The rights described in this chapter are cumulative of other rights or remedies to which an elderly individual may be entitled under law.

ABUSE, NEGLECT & EXPLOITATION REPORTING

The Agency enforces its written policy relating to reporting acts of abuse, neglect or exploitation of patients and reportable conduct by an employee of our Agency. If we have cause to believe that an employee has abused, exploited or neglected a patient of the Agency, we must report this information as soon as it is discovered to: the Virginia Department of Family and Protective Services hotline at (888-832-3828) and Virginia Department of Social Services at 804-333-4088.

DEFINITIONS:

Abuse - (A) the negligent or willful infliction of injury, unreasonable confinement, intimidation, or cruel punishment with resulting physical or emotional harm or pain to an elderly or disabled person by the person’s caretaker, family member, or other individual who has an ongoing relationship with the person; or (B) sexual abuse of an elderly or disabled person, including any involuntary or nonconsensual sexual conduct that would constitute an offense under Section 2 Penal Code (indecent exposure) or Chapter 22, Penal Code (assaultive offenses), committed by the person’s caretaker, family member, or other individual who has an ongoing relationship with the person.

Neglect - means the failure to provide for one’s self the goods or services, including medical services, which are necessary to avoid physical or emotional harm or pain or the failure of a caretaker to provide such goods or services.

Exploitation - means the illegal or improper act or process of a caretaker, family member, or other individual who has an ongoing relationship with the elderly or disabled person using the resources of an elderly or disabled person for monetary or personal benefit, profit, or gain without the informed consent of the elderly or disabled person.