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CONSUMER ADVOCACY IN HOME CARE ISSUES

PATIENT RIGHTS

 

There are State and Federally mandated "Patient Rights" every patient is entitled to in receiving medical care.  These include:

The Patients' Bill of Rights and Responsibilities has three goals: to strengthen consumer confidence that the health care system is fair and responsive to consumer needs; to reaffirm the importance of a strong relationship between patients and their health care providers; and to reaffirm the critical role consumers play in safeguarding their own health. The U.S. Advisory Commission on Consumer Protection and Quality in the Health Care Industry in 1998 articulated seven sets of rights and one set of responsibilities:

The Right to Information. Patients have the right to receive accurate, easily understood information to assist them in making informed decisions about their health plans, facilities and professionals.

• The Right to Choose. Patients have the right to a choice of health care providers that is sufficient to assure access to appropriate high-quality health care including giving women access to qualified specialists such as obstetrician-gynecologists and giving patients with serious medical conditions and chronic illnesses access to specialists.

• Access to Emergency Services. Patients have the right to access emergency health services when and where the need arises. Health plans should provide payment when a patient presents himself/herself to any emergency department with acute symptoms of sufficient severity "including severe pain" that a "prudent layperson" could reasonably expect the absence of medical attention to result in placing that consumer's health in serious jeopardy, serious impairment to bodily functions, or serious dysfunction of any bodily organ or part.

• Being a Full Partner in Health Care Decisions. Patients have the right to fully participate in all decisions related to their health care. Consumers who are unable to fully participate in treatment decisions have the right to be represented by parents, guardians, family members, or other conservators. Additionally, provider contracts should not contain any so-called "gag clauses" that restrict health professionals' ability to discuss and advise patients on medically necessary treatment options.

• Care Without Discrimination. Patients have the right to considerate, respectful care from all members of the health care industry at all times and under all circumstances. Patients must not be discriminated against in the marketing or enrollment or in the provision of health care services, consistent with the benefits covered in their policy and/or as required by law, based on race, ethnicity, national origin, religion, sex, age, current or anticipated mental or physical disability, sexual orientation, genetic information, or source of payment.

• The Right to Privacy. Patients have the right to communicate with health care providers in confidence and to have the confidentiality of their individually-identifiable health care information protected. Patients also have the right to review and copy their own medical records and request amendments to their records.

• The Right to Speedy Complaint Resolution. Patients have the right to a fair and efficient process for resolving differences with their health plans, health care providers, and the institutions that serve them, including a rigorous system of internal review and an independent system of external review.

• Taking on New Responsibilities. In a health care system that affords patients rights and protections, patients must also take greater responsibility for maintaining good health.

 

 

PROPOSED STATEMENT OF 
ADDITIONAL RIGHTS* 
FOR HOME CARE PATIENTS 

The ill and disabled who receive home care services in the United States of America have a right:

to receive home care services from adequately trained and staffed home care agencies;

to receive adequate and consistent staffing consistent with the patient's level of needs; 

to receive such services from well-trained home heath aides and other workers; 

to be assured that every home care aide/companion/assistant has passed minimum standards of testing relating to (a) common sense solutions to common problems arising in the home (b) optimum safety and sanitary health practices, including common sense safety hazards (e.g. not placing papers/plastic on gas cooking stove, overloading electrical outlets, etc.);  (c) patient confidentiality in and outside the home (d) communication skills (e) the ability to read written communications from patient, family/caregiver and staff (f) minimum standards relating to the physical care of and nutritional needs of the patient.  

to be in control of their home and belongings and to have their decisions respected in regards to their home and belongings;

to be free from verbal, emotional, financial or physical abuses by home care workers;

to be allowed to be "the patient" and that "the staff"  resume the role intended, that of supervisor, who should have closer in-home supervision of workers more often the current "once every 60 days"

Further, the ill and disabled have the right to uninterrupted services and to be given at least 24 hours notice of lack of staffing, except when a verifiable emergency has arisen.

 

One website states: "The National Association for Home Care* offers national certification for home health and personal care aides. The certification is a voluntary demonstration that the individual has met industry standards. Successful home health and personal care aides like to help people and do not mind hard work. They should be responsible, compassionate, emotionally stable, and cheerful.  Aides should also be tactful, honest, and discreet because they work in private homes. Home health and personal care aides must be in good health. A physical examination including State regulated [medical] tests such as those for tuberculosis may be required. Advancement is limited. In some agencies, workers start out performing homemaker duties, such as cleaning. With experience and training, they may take on personal care duties. The most experienced home health aides assist with medical equipment such as ventilators**, which help patients breathe."

How does YOUR Home Health Aide and Agency stack up? These pages will be added soon - Read more about things you should know, like: Self-Advocacy - things to consider before getting home care. Choosing a home care company. What can you do if you receive poor service?

 

 

 

 

* NOTE: The National Association for Home Care is a body established to assist home care agencies, NOT THE PATIENTS/CONSUMERS OR FAMILY/CAREGIVERS.  The NAHC assists agencies/companies in influencing legislation (or fighting legislation that may not be favorable to agencies/companies within States or Nationwide).  Visit http://www.nahc.org/FAQs_about.html for more information.

 

** Most home health aides employed through State programs that pay for home care do not take care of "skilled services" such as ventilators.  Like IV therapy, LPNs or RNs must attend to these cases.

 

Commonly Used Abbreviations in Long Term Care (and Home Care) - external link

 

 

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