1. (a) The governing body of a home health agency shall protect and promote the rights of its home health patients, by assuring that

   1. (1) before services are provided, the patient and the patient's family are informed orally and in writing, in a language the patient and family understand, of the rights and obligations of the agency and the patient; the agency shall document the patient's and the patient's family's receipt of these rights and obligations; and
   2. (2) appropriate and professional quality home health care services are provided without discrimination based on race, creed, color, religion, sex, national origin, sexual preference, age, or diagnosis, but an agency may limit its practice to the provision of care or services for patients with a specific disease or diagnosis without violating this paragraph.

2. (b) A patient receiving home health services has the right to

   1. (1) courteous and respectful treatment of person and property;
   2. (2) be free from physical and mental abuse, neglect, or mistreatment;
   3. (3) receive care or services from employees or contractors properly trained to perform assigned tasks, and to be given proper identification by name and title of an employee or contractor who provides home health care to that patient;

   4. (4) be given the following information in advance of care or services:

      1. (A) the care and services to be provided;
      2. (B) any changes in the care to be provided;
      3. (C) the type of services to be provided;
      4. (D) the frequency of proposed visits for care or services;
      5. (E) the agency's expectation of the patient's responsibilities to participate in the patient's own care; and
      6. (F) the name of the person supervising the care and how to contact that person;
   5. (5) confidentiality with regard to information about the patient's health, social, and financial circumstances and about activities at the patient's home;
   6. (6) expect that the patient's medical history be released only as required by law or authorized by the patient or the patient's legal representative;
   7. (7) access information in the patient's medical record upon written request within two working days of the agency;
   8. (8) be informed, orally and in writing, before a service is initiated, of the expected source of payment for the care or services;
   9. (9) raise a grievance about the service or lack of service provided by the agency, its employees, or its contractors;
   10. (10) be informed of the reason for impending discharge, transfer to another agency, change in the level of care, ongoing care requirements, and other available services and options, if needed; and
   11. (11) participate in development of the patient's plan of care and changes in care or treatment.

(Eff. 9/6/96, Register 139)

Authority: AS 18.05.040