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
Universal Citation: LA Admin Code I-9125
Current through Register Vol. 50, No. 9, September 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a. - d. Repealed.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a. Repealed.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Repealed.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.
AUTHORITY NOTE: Promulgated in accordance with R.S. 36:254 and R.S. 40:2116.31 et seq.
Disclaimer: These regulations may not be the most recent version. Louisiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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