42 CFR 484.50 — Condition of Participation: Patient Rights

What this rule requires your agency to do

• 1The HHA must ensure the patient's right to be free from verbal, mental, sexual, and physical abuse, injuries of unknown source, neglect, and misappropriation of property, and to make complaints without reprisal (subd. c(2), c(3), c(11)).(42 CFR 484.50 — Condition of Participation: Patient Rights)
• 2The HHA may only transfer or discharge a patient for the specified permissible reasons, and before a discharge for cause must advise the patient/representative/practitioners, make efforts to resolve the problem, provide contact information for other providers, and document the problem and resolution efforts in the clinical record (subd. d).(42 CFR 484.50 — Condition of Participation: Patient Rights)
• 3The HHA must provide proper advance written notice before furnishing potentially non-covered care or reducing/terminating ongoing care, complying with 42 CFR 405.1200 through 405.1204 (subd. c(8)).(42 CFR 484.50 — Condition of Participation: Patient Rights)
• 4The HHA must investigate complaints made by the patient, representative, caregivers, and family; document the complaint and its resolution; and take action to prevent further violations, including retaliation, while the complaint is investigated (subd. e(1)).(42 CFR 484.50 — Condition of Participation: Patient Rights)
• 5The HHA must advise the patient, orally and in writing, of the expected extent of Medicare/Medicaid/federal payment, charges not covered, charges payable before care, and any changes as soon as possible in advance of the next home health visit, complying with 42 CFR 411.408 (subd. c(7)).(42 CFR 484.50 — Condition of Participation: Patient Rights)
• 6The HHA must provide information to patients in plain language accessible to persons with disabilities and persons with limited English proficiency, including auxiliary aids and language services at no cost, in accordance with the ADA and Section 504 of the Rehabilitation Act (subd. f).(42 CFR 484.50 — Condition of Participation: Patient Rights)
• 7The HHA must obtain the patient's or legal representative's signature confirming receipt of the notice of rights and responsibilities, and must provide written notice to a patient-selected representative within 4 business days of the initial evaluation visit (subd. a(2), a(4)).(42 CFR 484.50 — Condition of Participation: Patient Rights)
• 8The HHA must provide the patient and legal representative, during the initial evaluation visit and in advance of furnishing care, written notice of the patient's rights and responsibilities and the HHA's transfer/discharge policies (understandable to persons with limited English proficiency and accessible to individuals with disabilities), administrator contact information for complaints, and an OASIS privacy notice (subd. a(1)).(42 CFR 484.50 — Condition of Participation: Patient Rights)