Current through Register Vol. 54, No. 12, March 23, 2024
(a)
Consumer rights. The consumer of home care services provided
by a home care agency or through a home care registry shall have the following
rights:
(1) To be involved in the service
planning process and to receive services with reasonable accommodation of
individual needs and preferences, except where the health and safety of the
direct care worker is at risk.
(2)
To receive at least 10 calendar days advance written notice of the intent of
the home care agency or home care registry to terminate services. Less than 10
days advance written notice may be provided in the event the consumer has
failed to pay for services, despite notice, and the consumer is more than 14
days in arrears, or if the health and welfare of the direct care worker is at
risk.
(b)
Prohibitions. No individual as a result of the individual's
affiliation with a home care agency or home care registry may assume power of
attorney or guardianship over a consumer utilizing the services of that home
care agency or home care registry. The home care agency or home care registry
may not require a consumer to endorse checks over to the home care agency or
home care registry.
(c)
Information to be provided. Prior to the commencement of
services, the home care agency or home care registry shall provide to the
consumer, the consumer's legal representative or responsible family member an
information packet containing the following information in a form that is
easily read and understood:
(1) A listing of
the available home care services that will be provided to the consumer by the
direct care worker and the identity of the direct care worker who will provide
the services.
(2) The hours when
those services will be provided.
(3) Fees and total costs for those services
on an hourly or weekly basis.
(4)
Who to contact at the Department for information about licensure requirements
for a home care agency or home care registry and for compliance information
about a particular home care agency or home care registry.
(5) The Department's complaint Hot Line
(1-866-826-3644) and the telephone number of the Ombudsman Program located with
the local Area Agency on Aging (AAA).
(6) The hiring and competency requirements
applicable to direct care workers employed by the home care agency or referred
by the home care registry.
(7) A
disclosure, in a format to be published by the Department in the
Pennsylvania Bulletin by February 10, 2010, addressing the
employee or independent contractor status of the direct care worker providing
services to the consumer, and the resultant respective tax and insurance
obligations and other responsibilities of the consumer and the home care agency
or home care registry.
(d)
Documentation. The home
care agency or home care registry shall maintain documentation on file at the
agency or registry of compliance with the requirements of this section which
shall be available for Department inspection.
