CMS Home Health Conditions of Participation - Patient Rights

PUBLISHED: Mar 15, 2017

The Centers for Medicare & Medicaid Services (CMS) issued a final rule governing home health agencies (HHA) earlier this year. See the StayAlert! Notice published on January 12, 2017 for an overview of that final rule. Today’s notice reviews the CMS Conditions of Participation (CoPs) related to patient rights, which become effective July 13, 2017.

According to 484.50, HHAs must ensure the following:

  • The patient and representative (if any) are informed of the patient’s rights in a language and manner the individual understands.
  • Patient/representative is provided with written notice of rights before the initiation of care. This notice of rights must include the HHA's transfer and discharge policies.
  • Written notice of rights must also be provided in a language the patient can understand, and include contact information for the HHA.
  • Further, written notice of rights must be provided to a patient-selected representative (if requested) within 4 business days of the initial evaluation visit.
  • Patients for whom OASIS data is collected are provided with an OASIS privacy notice.
  • Patients deemed incapacitated by the state may have rights exercised by person appointed by the state court to act on the patient’s behalf.
  • The specific list of patient rights are met.
  • Patients/representatives are informed of HHA’s policies for transfer and discharge.
  • Complaints made by the patient/representative are investigated.

Included with today’s notice are example policies related to Home Health CoP’s related to patient rights.

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