Alaska Administrative Code
Title 7 - Health and Social Services
Part 1 - Administration
Chapter 12 - Facilities and Local Units
Article 7 - Hospice Agencies
7 AAC 12.320 - Advance health care directives; client rights
Universal Citation: 7 AK Admin Code 12.320
Current through November 28, 2024
(a) Before initiation of care or services, a hospice agency shall provide each client who is 18 years of age or older, or the client's legal representative, with forms and information regarding
(1) the client's
right to make health care decisions, including the right to accept or refuse
medical or surgical treatment, and the right to execute an advance health care
directive and durable health care power of attorney;
(2) agency policies for implementing the
client's right to make health care decisions;
(3) living wills and do-not-resuscitate
orders; and
(4) persons who can
provide additional information concerning advance health care directives and
durable health care powers of attorney.
(b) The governing body of the hospice agency shall protect and promote the rights of each hospice client, by assuring that
(1) before services are provided, the client
and the client's family are informed orally and in writing, in a language the
client and the client's family understand, of the respective rights and
obligations of the agency and the client; the agency shall document receipt of
the notification of these rights and obligations by the client and the client's
family;
(2) each client receiving
hospice services has the right to
(A)
courteous and respectful treatment of person and property;
(B) be free from physical and mental abuse,
neglect, or mistreatment;
(C) care
or services from employees or contractors properly trained to perform assigned
tasks;
(D) proper identification by
name and title of each employee, contractor, or volunteer who provides hospice
care to that client;
(E) the
following information in advance of care or services:
(i) the care and services to be
provided;
(ii) any changes in the
care or services to be provided;
(iii) the frequency of proposed visits for
care or services;
(iv) the agency's
expectation of the client's responsibilities to participate in the client's own
care or services;
(v) the name of
the person supervising the care or services, and how to contact the
agency;
(F)
confidentiality with regard to information about the client's health, social
life, and activities in the client's home;
(G) have the client's medical history
released only as required by law or as authorized by the client or the client's
legal representative;
(H) access
information in the client's medical record within two working days after
submitting a written request to the agency;
(I) be informed, orally and in writing,
before a service is initiated, of the expected source of payment for the care
or services provided by the agency, its employees, or its contractors; the
requirements of this subparagraph do not apply to a volunteer hospice
agency;
(J) submit a grievance to
the agency about the service or lack of service provided by the agency, its
employees, its contractors, or its volunteers; the agency shall
(i) investigate and respond to the client or
person who submitted the grievance; and
(ii) provide information to the client or
person who submitted the grievance about how to contact the department to file
a complaint;
(K) be
informed of the reason for impending discharge, transfer to another agency or
facility, change in the level of care, ongoing care requirements, and other
available services and options, if needed; and
(L) participate in developing the client's
plan of care and changes in care or treatment.
Authority:AS 47.32.010
AS 47.32.030
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