Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 91 - Minimum Standards for Home Health Agencies › Section I-9125 - Patient Rights

Current through Register Vol. 50, No. 6, June 20, 2024
A. The patient,
				  or representative if appropriate, shall be informed of the patient's rights in
				  receiving home care services in a language and manner the individual
				  understands. The patient has the right to exercise his/her rights as a patient
				  of the HHA. If the patient has been judged incompetent, the family or guardian
				  may exercise the patient's rights. The agency shall protect and promote the
				  exercise of these rights. 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;
a. - d. Repealed.
3. make complaints to the HHA 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 HHA;
a. Repealed.
4. participate in, be informed about, and
				  consent or refuse care in advance of and during treatment, where appropriate,
				  with respect to:
a. completion of all
				  assessments;
b. the care to be
				  furnished, based on the comprehensive assessment;
c. establishing and revising the
				  POC;
d. the disciplines that will
				  furnish the care;
e. the frequency
				  of visits;
f. expected outcomes of
				  care, including patient-identified goals, and anticipated risks and
				  benefits;
g. any factors that could
				  impact treatment effectiveness; and
h. any changes in the care to be
				  furnished.
5. receive all
				  services outlined in the POC;
a. - b.i.
				  Repealed.
6. have a
				  confidential clinical record;
7. be
				  advised, orally and in writing, of:
a. the
				  extent to which payment for HHA services may be expected from Medicare,
				  Medicaid, or any other federally-funded or federal aid program known to the
				  HHA;
b. the charges for services
				  that may not be covered by Medicare, Medicaid, or any other federally-funded or
				  federal aid program known to the HHA;
c. the charges the individual may have to pay
				  before care is initiated; and
d.
				  any changes in the information provided in accordance with §9125.A.7 when
				  they occur. The HHA shall advise the patient and representative (if any), of
				  these changes as soon as possible, in advance of the next home health
				  visit.
8. receive proper
				  written notice, in advance of a specific service being furnished, if the HHA
				  believes that the service may be non-covered care, or in advance of the HHA
				  reducing or terminating on-going care;
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
				  HHAs;
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:
a. agency on aging
b. center for independent living;
c. protection and advocacy agency;
d. aging and disability resource center;
				  and
e. quality improvement
				  organization.
11. be free
				  from any discrimination or reprisal for exercising his or her rights or for
				  voicing grievances to the HHA or an outside entity;
12. be informed of the right to access
				  auxiliary aids and language services and how to access these service.