Patient Rights
The Law provides certain rights as a home care patient. These include the right:
- To exercise your rights as a patient of this agency.
- To have a family member or guardian exercise your rights if you are judged incompetent.
- To have your property treated with respect.
- 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 agency and must not be subjected to discrimination or reprisal for doing so.
- To be informed in advance about the care to be furnished and of any changes in the care to be furnished.
- To participate in the planning of the care and planning changes in the care or treatment.
- To confidentiality of all clinical records maintained by this agency. Information from your clinical records will not be released without consent unless required by law.
- To be informed that OASIS information will be collected and the purpose of collection.
- To have the information kept confidential.
- To be informed that OASIS information will not be disclosed except for legitimate purposes allowed by the Federal Privacy Acts.
- To refuse to answer questions.
- To see, review, and request changes on the consent.
- To be informed before care is initiated both orally and in writing of:
- The extend to which payment may be expected from Medicare, Medicaid, or any other federally funded program or private insurance known to this agency.
- The charges for services that will not be covered by Medicare or private insurance.
- To be informed orally and in writing of any known change in these charges as soon as possible but no later than 30 working days from the date this agency becomes aware of this change.
- To lodge a complaint against this agency or receive information regarding any Texas home care agency by calling the Texas Home Health Hotline at 1-800-458-9858 or the CHAP hotline at 1-800-656-9656. The agency must investigate complaints made by the patient/patient’s family/guardian regarding the 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 agency and must document the existence of the complaint and the resolution of the complaint. The hotline may also be utilized to lodge complaints regarding the implementation of the advance directive requirements. The Home Health Hotline is answered 24 hours a day, 365 days a year.
- To appropriate assessment and management of pain.
Advance Directives
Living Will (Used when you have a terminal illness or irreversible condition)
What is it?
A form that allows you to direct physicians to withhold or withdraw life-sustaining treatment.
An advance directive is used when you have an illness that is an irreversible or incurable condition.
Why do I need one?
An advance directive allows you to tell doctors and those close to you what you wish to be done should you need life-sustaining treatment. If you don’t have an advance directive, doctors may use machines, such as respirators, to keep you alive.
What do I do?
- Decide for yourself what treatment you will and will not accept.
- Talk with Family, Clergy, and/or Friends.
- Complete the form.
Points to remember:
- You can change your advance directive at any time for any reason.
- Anyone 18 years or older can fill out an advance directive. Don’t wait until you’re sick.
- An advance directive goes into effect only when you have a terminal or irreversible illness.
- The advance directive pertains to healthcare decisions, not financial matters.
Out of Hospital Do-Not-Resuscitate (DNR) Order
What is it?
A medical order by a doctor that allows patients to refuse specific life-sustaining treatments outside the hospital.
Why do I need one?
An Out-of-Hospital DNR form or ID will tell health care providers not to use CPR and other life-saving techniques. If you do not have an Out-of-Hospital DNR Order, health care providers may do everything medically possible to revive you.
What do I do?
- Ask your healthcare provider for the Out-of-Hospital DNR Order.
- Complete the form. Keep your original form.
- Talk with family, clergy, and/or friends.
- You can also notify health care providers of your decisions by wearing an approved ID necklace or bracelet.
Points to remember:
- Anyone can use an Out-of-Hospital DNR Order.
- To show that you have an Out-of-Hospital DNR Order, you must have your original form or a copy of the completed form with you or wear an approved ID necklace or bracelet.
- The Out-of-Hospital DNR Order pertains to health care decisions, not financial matters.
Medical Power of Attorney
What is it?
A form that allows you to appoint someone to make healthcare decisions for you if you are no longer able to make them for yourself.
Why do I need one?
So that someone you choose can speak for you when you cannot. If you have not named someone, a guardian may be appointed for you by a court.
What do I do?
- Choose your Medical Power of Attorney.
- Discuss your health care requests with this person.
- Complete the form.
Points to remember:
- You can change your Medical Power of Attorney at any time for any reason.
- Anyone 18 years or older can choose a Medical Power of Attorney. Don’t wait until you are sick.
- The person you choose makes decisions for you only if you cannot make decisions for yourself.
What is a Declaration for Mental Health?
Under Texas law, a competent adult may declare their preference for mental health treatment should they become incapacitated in the future. The mental health treatment to be covered by the directive includes psychoactive medications, electroconvulsive, or other convulsive treatment, emergency care, and other preferences. The declaration only becomes effective should the person be declared to be incapacitated at a time later by a court of law. The form must be signed by two witnesses who will not benefit from the person’s will, and who are not related to, or caring for the person completing the form. The witnesses must affirm that the person signing the declaration appeared to be of sound mind. The declaration remains in effect for 3 years unless the person becomes incapacitated, then the declaration stays in effect until the person is no longer incapacitated.
If you have not executed Advance Directives and would like to, please ask your health care provider or your physician for the appropriate forms.
Client Responsibilities
- To provide medical and personal information necessary to plan and carry out care, including information on advance directives.
- To follow instructions agreed upon by you and the agency and to inform when instructions are not followed.
- To have and maintain contact with your physician to allow the physician to order and supervise your care.
- To provide information when required for billing purposes.
- To allow the agency to act on your behalf in filing appeals of denied payments of service and to the fullest extent possible in such appeals.
- To be available to the staff for home visits at reasonable times.
- To notify the agency if you are going to be unavailable for a visit.
- To provide a safe working environment for the home care staff.
- To notify the agency of any changes in treatment made.
- To inform the agency of any dissatisfaction with service or care.