[Code of Federal Regulations]

[Title 42, Volume 3]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 42CFR484.10]



[Page 578-579]

 

                         TITLE 42--PUBLIC HEALTH

 

  CHAPTER IV--CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF 

                  HEALTH AND HUMAN SERVICES (CONTINUED)

 

PART 484_HOME HEALTH SERVICES--Table of Contents

 

                        Subpart B_Administration

 

Sec. 484.10  Condition of participation: Patient rights.





    The patient has the right to be informed of his or her rights. The 

HHA must protect and promote the exercise of these rights.

    (a) Standard: Notice of rights. (1) The HHA must provide the patient 

with a written notice of the patient's rights in advance of furnishing 

care to the patient or during the initial evaluation visit before the 

initiation of treatment.

    (2) The HHA must maintain documentation showing that it has complied 

with the requirements of this section.

    (b) Standard: Exercise of rights and respect for property and 

person. (1) The patient has the right to exercise his or her rights as a 

patient of the HHA.

    (2) The patient's family or guardian may exercise the patient's 

rights when the patient has been judged incompetent.

    (3) The patient has the right to have his or her property treated 

with respect.

    (4) The patient has the right to voice grievances regarding 

treatment or care that is (or fails to be) furnished, or regarding the 

lack of respect for property by anyone who is furnishing services on 

behalf of the HHA and must not be subjected to discrimination or 

reprisal for doing so.

    (5) The HHA must investigate complaints made by a patient or the 

patient's family or guardian regarding treatment or care that is (or 

fails to be) furnished, or regarding the lack of respect for the 

patient's property by anyone furnishing services on behalf of the HHA, 

and must document both the existence of the complaint and the resolution 

of the complaint.

    (c) Standard: Right to be informed and to participate in planning 

care and treatment. (1) The patient has the right to be informed, in 

advance about the care to be furnished, and of any changes in the care 

to be furnished.

    (i) The HHA must advise the patient in advance of the disciplines 

that will furnish care, and the frequency of visits proposed to be 

furnished.

    (ii) The HHA must advise the patient in advance of any change in the 

plan of care before the change is made.

    (2) The patient has the right to participate in the planning of the 

care.

    (i) The HHA must advise the patient in advance of the right to 

participate in planning the care or treatment and in planning changes in 

the care or treatment.

    (ii) The HHA complies with the requirements of subpart I of part 489 

of this chapter relating to maintaining written policies and procedures 

regarding advance directives. The HHA must inform and distribute written 

information to the patient, in advance, concerning its policies on 

advance directives, including a description of applicable State law. The 

HHA may furnish advance directives information to a patient at the time 

of the first home



[[Page 579]]



visit, as long as the information is furnished before care is provided.

    (d) Standard: Confidentiality of medical records. The patient has 

the right to confidentiality of the clinical records maintained by the 

HHA. The HHA must advise the patient of the agency's policies and 

procedures regarding disclosure of clinical records.

    (e) Standard: Patient liability for payment. (1) The patient has the 

right to be advised, before care is initiated, of the extent to which 

payment for the HHA services may be expected from Medicare or other 

sources, and the extent to which payment may be required from the 

patient. Before the care is initiated, the HHA must inform the patient, 

orally and in writing, of--

    (i) The extent to which payment may be expected from Medicare, 

Medicaid, or any other Federally funded or aided program known to the 

HHA;

    (ii) The charges for services that will not be covered by Medicare; 

and

    (iii) The charges that the individual may have to pay.

    (2) The patient has the right to be advised orally and in writing of 

any changes in the information provided in accordance with paragraph 

(e)(1) of this section when they occur. The HHA must advise the patient 

of these changes orally and in writing as soon as possible, but no later 

than 30 calendar days from the date that the HHA becomes aware of a 

change.

    (f) Standard: Home health hotline. The patient has the right to be 

advised of the availability of the toll-free HHA hotline in the State. 

When the agency accepts the patient for treatment or care, the HHA must 

advise the patient in writing of the telephone number of the home health 

hotline established by the State, the hours of its operation, and that 

the purpose of the hotline is to receive complaints or questions about 

local HHAs. The patient also has the right to use this hotline to lodge 

complaints concerning the implementation of the advance directives 

requirements.



[54 FR 33367, August 14, 1989, as amended at 56 FR 32973, July 18, 1991; 

57 FR 8203, Mar. 6, 1992; 60 FR 33293, June 27, 1995]